Hawk One Security, Inc.

National Labor Relations Board - Board DecisionsSep 12, 2005

345 N.L.R.B. 57 (N.L.R.B. 2005)

345 NLRB No. 57 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Hawk One Security, Inc. and United Government Security Officers of America, International Un- ion, Local #21. Case 5–CA–32449 September 12, 2005 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER The Acting General Counsel seeks a default judgment in this case on the ground that the Respondent has failed to file an answer to the complaint. Upon a charge filed by the Union on March 31, 2005, the Acting General Counsel issued the complaint on May 31, 2005, against Hawk One Security, Inc., the Respondent, alleging that it has violated Section 8(a)(1) and (3) of the Act. The Re- spondent failed to file an answer. On August 9, 2005, the Acting General Counsel filed with the Board a Motion for Default Judgment. On Au- gust 11, 2005, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent did not file a response. The allegations in the motion are therefore undisputed. Ruling on Motion for Default Judgment Section 102.20 of the Board’s Rules and Regulations provides that the allegations in a complaint shall be deemed admitted if an answer is not filed within 14 days from service of the complaint, unless good cause is shown. In addition, the complaint affirmatively stated that unless an answer was filed by June 14, 2005, all the allegations in the complaint would be considered admit- ted. Further, the undisputed allegations in the Acting General Counsel’s motion disclose that the Region, by letter dated June 23, 2005, notified the Respondent that unless an answer was received by July 5, 2005, a motion for default judgment would be filed. The Respondent failed to file an answer. In the absence of good cause being shown for the fail- ure to file an answer, we grant the General Counsel’s Motion for Default Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent has been en- gaged in the business of providing armed and unarmed security guard services to U.S. Government agencies in the Washington, D.C. metropolitan area. During the 12-month period preceding issuance of the complaint, a representative period, the Respondent, in conducting its business operations described above, per- formed services valued in excess of $50,000 in states outside the District of Columbia, and performed services valued in excess of $50,000 in the District of Columbia. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act, and that United Government Security Of- ficers of America, International Union, Local # 21 (the Union) is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES At all material times, Tyrone Thompson held the posi- tion of the Respondent’s president and has been a super- visor of the Respondent within the meaning of Section 2(11) of the Act and an agent of the Respondent within the meaning of Section 2(13) of the Act. On about November 23 and 29, 2004, respectively, the Respondent suspended and then terminated its employee Edward Epps. The Respondent engaged in the conduct described above because Epps assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. CONCLUSION OF LAW By suspending and discharging Edward Epps because he assisted the Union and engaged in concerted activi- ties, the Respondent has discriminated in regard to the hire or tenure or terms and conditions of employment of its employees, thereby discouraging membership in a labor organization, in violation of Section 8(a)(1) and (3) of the Act. The Respondent’s unfair labor practices af- fect commerce within the meaning of Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has engaged in cer- tain unfair labor practices, we shall order it to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act. Specifically, having found that the Respondent violated Section 8(a)(1) and (3) of the Act by suspending and discharging Edward Epps, we shall order the Respondent to offer Epps full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights and privi- leges previously enjoyed. We also shall order the Re- spondent to make Epps whole for any loss of earnings and other benefits suffered as a result of the discrimina- tion against him. Backpay shall be computed in accor- dance with F.W. Woolworth Co., 90 NLRB 289 (1950), DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2 with interest as prescribed in New Horizons for the Re- tarded, 283 NLRB 1173 (1987). The Respondent shall also be required to remove from its files all references to the unlawful suspension and discharge of Epps, and to notify him in writing that this has been done and that the suspension and discharge will not be used against him in any way. ORDER The National Labor Relations Board orders that the Respondent, Hawk One Security, Inc., Washington, D.C., its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Suspending or discharging employees because they assist United Government Security Officers of America, International Union, Local #21, or any other labor organization, or engage in concerted activities. (b) In any like or related manner interfering with, re- straining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Within 14 days from the date of this Order, offer Edward Epps full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights and privileges previously enjoyed. (b) Make Edward Epps whole for any loss of earnings and other benefits suffered as a result of his unlawful suspension and discharge, with interest, in the manner set forth in the remedy section of this decision. (c) Within 14 days from the date of this Order, re- move from its files all references to the unlawful suspen- sion and discharge of Edward Epps, and within 3 days thereafter, notify him in writing that this has been done, and that the unlawful suspension and discharge will not be used against him in any way. (d) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place desig- nated by the Board or its agents, all payroll records, so- cial security payment records, timecards, personnel re- cords and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order. (e) Within 14 days after service by the Region, post at its facility in Washington, D.C., copies of the attached notice marked “Appendix.”1 Copies of the notice, on 1 If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading “Posted by Order of the Na- tional Labor Relations Board” shall read “Posted Pursuant to a Judg- forms provided by the Regional Director for Region 5, after being signed by the Respondent’s authorized repre- sentative, shall be posted by the Respondent and main- tained for 60 consecutive days in conspicuous places, including all places where notices to employees are cus- tomarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Re- spondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall du- plicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Respondent at any time since November 23, 2004. (f) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a re- sponsible official on a form provided by the Region at- testing to the steps that the Respondent has taken to comply. Dated, Washington, D.C. September 12, 2005 Robert J. Battista, Chairman Wilma B. Liebman, Member Peter C. Schaumber, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” HAWK ONE SECURITY, INC. 3 Act together with other employees for your benefit and protection Choose not to engage in any of these protected activities. WE WILL NOT suspend or discharge employees because they assist United Government Security Officers of America, International Union, Local #21, or any other labor organization, or engage in concerted activities. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act. WE WILL, within 14 days from the date of the Board’s Order, offer Edward Epps full reinstatement to his for- mer job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights and privileges previously enjoyed. WE WILL make Edward Epps whole for any loss of earnings and other benefits suffered as a result of his unlawful suspension and discharge, with interest. WE WILL, within 14 days from the date of the Board’s Order, remove from our files all references to the unlaw- ful suspension and discharge of Edward Epps, and WE WILL, within 3 days thereafter, notify him in writing that this has been done, and that the unlawful suspension and discharge will not be used against him in any way. HAWK ONE SECURITY, INC.