JKJ WORKFORCE AGENCY, INC.

National Labor Relations Board - Unpublished Board Decisions

Dec 28, 2017

01-CA-129948 (N.L.R.B. Dec. 28, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
JKJ WORKFORCE AGENCY, INC.
and Case 01-CA-129948
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
BIG O AMUSEMENTS, INC.
and Case 01-CA-129951
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
BIG ROCK AMUSEMENTS, LLC
and Case 01-CA-130002
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
BROWN’S AMUSEMENTS, INC.
and Case 01-CA-130009
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
CARSON & BARNES CIRCUS CO., INC.
and Case 01-CA-130072
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
2
CASEY’S RIDES, INC.
and Case 01-CA-130078
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
CHUCKWAGON
and Case 01-CA-130872
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
CULPEPPER ENTERTAINMENT, LLC. D/B/A
CULPEPPER & MERRIWEATHER CIRCUS
and Case 01-CA-130083
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
FAMILY ATTRACTIONS AMUSEMENT CO., LLC
and Case 01-CA-130086
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
FRANK JOSEPH & SONS, INC. D/B/A
JOLLY SHOWS
and Case 01-CA-130111
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
3
GILLETTE SHOWS, INC.
and Case 01-CA-130120
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
GUADAGNO & SONS D/B/A G & S SHOWS
and Case 01-CA-130122
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
HELM & SONS AMUSEMENTS, INC.
and Case 01-CA-130126
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
KASTL AMUSEMENTS
and Case 01-CA-130134
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
KELLY-MILLER BROS CIRCUS, LTD
and Case 01-CA-130124
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
4
MARK FANELLI’S TRAVELING AMUSEMENT
PARK, INC
and Case 01-CA-130082
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
MITCHELL BROTHER’S & SON’S, INC
and Case 01-CA-130106
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
MOORE’S GREATER SHOWS, LLC
and Case 01-CA-130116
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
NETTERFIELD’S POPCORN & LEMONADE, INC.
and Case 01-CA-129950
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
PARADISE AMUSEMENTS, INC.
and Case 01-CA-129960
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
PUGH’S CONCESSIONS, INC.
and Case 01-CA-130865
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
5
ROCKWELL AMUSEMENTS & PROMOTIONS, INC.
and Case 01-CA-129964
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
S & S AMUSEMENTS, INC.
and Case 01-CA-129987
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
S.J. ENTERTAINMENT, INC.
and Case 01-CA-129990
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
SMOKEY’S GREATER SHOWS, INC.
and Case 01-CA-129998
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
STEVE LISKO D/B/A PREMIUM SHOWS
OF AMERICA
and Case 01-CA-130004
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
6
STRATES FINE FOODS
and Case 01-CA-130013
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
SWYEAR AMUSEMENTS, INC.
and Case 01-CA-130018
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
TALLEY AMUSEMENTS, INC.
and Case 01-CA-130022
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
TINSLEY’S AMUSEMENTS, INC.
and Case 01-CA-130027
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
W. SCOTT MILLER D/B/A MILLER AMUSEMENTS
and Case 01-CA-130031
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
WAGNER’S CARNIVAL, LLC
and Case 01-CA-130058
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
7
WINDY CITY AMUSEMENTS, INC.
and Case 01-CA-130061
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
WOLD AMUSEMENTS, INC. D/B/A AMERICAN
TRAVELING SHOWS
and Case 01-CA-130063
COMITE DE APOYO A LOS TRABAJADORES
AGRICOLAS
DECISION AND ORDER
Statement of the Cases
On November 6, 2017, the above-captioned Employers (collectively, the
Respondents), Charging Party Comite de Apoyo a Los Trabajadores Agricolas, and the
General Counsel of the National Labor Relations Board entered into a Formal
Settlement Stipulation, subject to the Board’s approval, providing for the entry of a
consent order by the Board regarding the unfair labor practice allegations and further
providing for the Board’s full authority to determine a remedy, and the Board’s authority
to issue an Order confirming any finding with respect to a remedy, if any, to be
enforceable by any United States Court of Appeals with jurisdiction over the parties.
The parties waived all further and other proceedings before the Board to which they
may be entitled under the National Labor Relations Act and the Board’s Rules and
Regulations with respect to the determination of liability; provided, however, that the
Respondents retain the right to challenge a Board finding with respect to the remedy.
Further, the parties waived their rights to contest the merits of the alleged violations
contained in the above-captioned unfair labor practice charges and admitted that
sufficient facts exist to warrant Board findings that the Respondents violated Section
8(a)(3), (2), and (1) by the conduct described below.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
8
for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.1

1 On December 16, 2015, the Regional Director for Region 1 approved a partial informal
settlement in the above-captioned cases, except for Case 01-CA-129948, pursuant to
which the Respondent Employers agreed: not to provide unlawful assistance or support
to Association of Mobile Entertainment Workers (AMEW) or any other union; not to
recognize or deal with AMEW or any other union as their employees’ exclusive
collective-bargaining representative unless the union represents an uncoerced majority
of their employees; that they have withdrawn their recognition of AMEW as their
employees’ exclusive collective-bargaining representative; to rescind their collective
bargaining agreements with AMEW; and to provide the NLRB the pro rata amount of
dues and initiation fees, if any, not provided by AMEW to the NLRB that were previously
deducted from employee wages on behalf of AMEW and forwarded by the Respondents
to AMEW. The issue of backpay, if any, was specifically reserved.
In addition, on November 27, 2015, the Regional Director for Region 1 approved
a partial informal settlement in Case 01-CB-130161, pursuant to which AMEW agreed
not to accept unlawful assistance or support from any employer or anyone acting on
behalf of any employer; not to enter into, maintain, or enforce a collective-bargaining
agreement that requires employees to join AMEW, or that permits an employer to
withhold union dues from employees’ wages, unless AMEW represents an uncoerced
majority of its employees; not to accept recognition from any employer as its employees’
exclusive collective-bargaining representative unless AMEW represents an uncoerced
majority of its employees; to dissolve and stop maintaining or enforcing the collective-
bargaining agreements that AMEW entered into with the Respondent Employers during
the 2014 carnival season; and together with the Respondent Employers, to reimburse
employees for all dues and initiation fees that they paid directly to the Union, or that the
Respondent Employers deducted from their wages.
Both informal settlement agreements, among other things, provided for mailing of
notices to employees and members in both English and Spanish, emailing of those
notices, and compliance with the provisions of the notices. The same provisions would
normally be included in the instant settlement stipulation; however, the parties agreed
that only the affirmative provisions in our Order below would be included in the formal
settlement stipulation submitted to the Board. In addition, the Regional Director has
informed the Board of severe and highly unusual difficulties in communicating with the
parties here, due to the seasonal and mobile nature of the Respondents’ operations.
Considering those extraordinary circumstances, as well as the fact that the earlier
informal settlements relating to the issues in the above-captioned cases contained
provisions that would normally be included in, but are absent from, this formal
settlement stipulation, we have concluded that the absence of cease-and-desist
provisions and a notice-posting provision here do not require rejection of the substantial
settlement and admissions of liability in the anomalous circumstances of these
particular cases. Here, all parties have expressed strong interests in resolving the
merits of these unfair labor practice cases without further delay and proceeding to the
compliance stage for a more expeditious determination of the amounts of backpay, if
any, that are due to the employees. In light of that shared interest, we find that approval
9
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondents’ businesses
(a) (i) At all material times, Respondent JKJ Workforce Agency, Inc. has
been a corporation with an office and place of business in Rio Hondo, Texas, and has
been assisting its clients in securing foreign workers to staff their seasonal operations in
the U.S., and facilitating the consular processing of those workers through the H-2B visa
process.
(ii) At all material times, Respondent Big O Amusements, Inc. has been a
corporation with an office and place of business in Cardington, Ohio, and has been
engaged in the operation of a mobile seasonal amusement business.
(iii) At all material times, Respondent Big Rock Amusements, LLC has
been a corporation with an office and place of business in Chesaning, Michigan, and
has been engaged in the operation of a mobile seasonal amusement business.
(iv) At all material times, Respondent Brown’s Amusements has been a
corporation with an office and place of business in Mesa, Arizona, and has been
engaged in the operation of a mobile seasonal amusement business.
(v) At all material times, Respondent Carson & Barnes Circus Co., Inc.
has been a corporation with an office and place of business in Hugo, Oklahoma, and
has been engaged in the operation of a mobile seasonal amusement business.
(vi) At all material times, Respondent Casey’s Rides, Inc. has been a
corporation with an office and place of business in Utica, Kentucky, and has been
engaged in the operation of a mobile seasonal amusement business.
(vii) At all material times, Respondent Chuckwagon has been a
corporation with an office and place of business in Alta Loma, California, and has been
engaged in the operation of a mobile seasonal amusement business.
(viii) At all material times, Respondent Culpepper Entertainment, Inc.
d/b/a Culpepper & Merriweather Circus has been a corporation with an office and place
of business in Powderly, Texas, and has been engaged in the operation of a mobile
seasonal amusement business.

of the formal settlement stipulation here effectuates the purposes of the Act in the
peculiar circumstances of these cases.
10
(ix) At all material times, Respondent Family Attractions Amusement Co.,
LLC has been a corporation with an office and place of business in Valdosta, Georgia,
and has been engaged in the operation of a mobile seasonal amusement business.
(x) At all material times, Respondent Frank Joseph & Sons, Inc. d/b/a
Jolly Shows has been a corporation with an office and place of business in Annapolis,
Maryland, and has been engaged in the operation of a mobile seasonal amusement
business.
(xi) At all material times, Respondent Gillette Shows has been a
corporation with an office and place of business in Pittsfield, Massachusetts, and has
been engaged in the operation of a mobile seasonal amusement business.
(xii) At all material times, Respondent Guadagno & Sons d/b/a G&S
Shows has been a corporation with an office and place of business in Garden Grove,
California, and has been engaged in the operation of a mobile seasonal amusement
business.
(xiii) At all material times, Respondent Helm & Sons Amusements, Inc.
has been a corporation with an office and place of business in Colton, California, and
has been engaged in the operation of a mobile seasonal amusement business.
(xiv) At all material times, Respondent Kastl Amusements has been a
corporation with an office and place of business in Casa Grande, Arizona, and has been
engaged in the operation of a mobile seasonal amusement business.
(xv) At all material times, Respondent Kelly Miller Brothers Circus, Ltd.
has been a corporation with an office and place of business in Hugo, Oklahoma, and
has been engaged in the operation of a mobile seasonal amusement business.
(xvi) At all material times, Respondent Mark Fanelli’s Traveling
Amusement Park, Inc. has been a corporation with an office and place of business in
Rindge, New Hampshire, and has been engaged in the operation of a mobile seasonal
amusement business.
(xvii) At all material times, Respondent Mitchell Brothers & Sons, Inc. has
been a corporation with an office and place of business in Slidell, Louisiana, and has
been engaged in the operation of a mobile seasonal amusement business.
(xviii) At all material times, Respondent Moore’s Greater Shows, LLC has
been a corporation with an office and place of business in Lyford, Texas, and has been
engaged in the operation of a mobile seasonal amusement business.
(xix) At all material times, Respondent Netterfield’s Popcorn & Lemonade,
Inc. has been a corporation with an office and place of business in Land O’Lakes,
11
Florida, and has been engaged in the operation of a mobile seasonal amusement
business.
(xx) At all material times, Respondent Paradise Amusements, Inc. has
been a corporation with an office and place of business in Ocala, Florida, and has been
engaged in the operation of a mobile seasonal amusement business.
(xxi) At all material times, Respondent Pugh’s Concessions, Inc. has
been a corporation with an office and place of business in Lithia, Florida, and has been
engaged in the operation of a mobile seasonal amusement business.
(xxii) At all material times, Respondent Rockwell Amusements &
Promotions, Inc. has been a corporation with an office and place of business in North
Scituate, Rhode Island, and has been engaged in the operation of a mobile seasonal
amusement business.
(xxiii) At all material times, Respondent S&S Amusements has been a
corporation with an office and place of business in Scott Township, Pennsylvania, and
has been engaged in the operation of a mobile seasonal amusement business.
(xxiv) At all material times, Respondent S.J. Entertainment, Inc. has been
a corporation with an office and place of business in New Braunfels, Texas, and has
been engaged in the operation of a mobile seasonal amusement business.
(xxv) At all material times, Respondent Smokey’s Greater Shows, Inc.
has been a corporation with an office and place of business in Bangor, Maine, and has
been engaged in the operation of a mobile seasonal amusement business.
(xxvi) At all material times, Respondent Steve Lisko d/b/a Premium
Shows of America has been a corporation with an office and place of business in
Hubbard, Ohio, and has been engaged in the operation of a mobile seasonal
amusement business.
(xxvii) At all material times, Respondent Strates Fine Foods has been a
corporation with an office and place of business in Mt. Airy, Maryland, and has been
engaged in the operation of a mobile seasonal amusement business.
(xxviii) At all material times, Respondent Swyear Amusements, Inc. has
been a corporation with an office and place of business in New Athens, Illinois, and has
been engaged in the operation of a mobile seasonal amusement business.
(xxix) At all material times, Respondent Talley Amusements, Inc. has
been a corporation with an office and place of business in Fort Worth, Texas, and has
been engaged in the operation of a mobile seasonal amusement business.
12
(xxx) At all material times, Respondent Tinsley’s Amusements, Inc. has
been a corporation with an office and place of business in High Hill, Missouri, and has
been engaged in the operation of a mobile seasonal amusement business.
(xxxi) At all material times, Respondent W. Scott Miller d/b/a Miller
Amusements has been a corporation with an office and place of business in Webster,
New Hampshire, and has been engaged in the operation of a mobile seasonal
amusement business.
(xxxii) At all material times, Respondent Wagner’s Carnival, LLC has
been a corporation with an office and place of business in Aransas Pass, Texas, and
has been engaged in the operation of a mobile seasonal amusement business.
(xxxiii) At all material times, Respondent Windy City Amusements, Inc.
has been a corporation with an office and place of business in St. Charles, Illinois, and
has been engaged in the operation of a mobile seasonal amusement business.
(xxxiv) At all material times, Respondent Wold Amusements, Inc. d/b/a
America’s Traveling Shows has been a corporation with an office and place of business
in Hanford, California, and has been engaged in the operation of a mobile seasonal
amusement business.
(b) (i) Annually, in conducting its business operations, Respondent JKJ
Workforce Agency provides services valued in excess of $50,000 in aggregate to
enterprises located outside the State of Texas.
(ii) Annually, in conducting its business operations, Respondent Big O
Amusements, Inc. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Ohio.
(iii) Annually, in conducting its business operations, Respondent Big Rock
Amusements, LLC provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Michigan.
(iv) Annually, in conducting its business operations, Respondent Brown’s
Amusements, Inc. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Arizona.
(v) Annually, in conducting its business operations, Respondent Carson &
Barnes Circus Co., Inc. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Oklahoma.
(vi) Annually, in conducting its business operations, Respondent Casey’s
Rides, Inc. provides services valued in excess of $5,000 in aggregate to enterprises
outside the State of Kentucky.
13
(vii) Annually, in conducting its business operations, Respondent
Chuckwagon provides services valued in excess of $5,000 in aggregate to enterprises
outside the State of California.
(viii) Annually, in conducting its business operations, Respondent
Culpepper Entertainment, Inc. d/b/a Culpepper & Merriweather Circus provides services
valued in excess of $5,000 in aggregate to enterprises outside the State of Texas.
(ix) Annually, in conducting its business operations, Respondent Family
Attractions Amusement Co., LLC provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of Georgia.
(x) Annually, in conducting its business operations, Respondent Frank
Joseph & Sons, Inc. d/b/a Jolly Shows provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of Maryland.
(xi) Annually, in conducting its business operations, Respondent Gillette
Shows provides services valued in excess of $5,000 in aggregate to enterprises outside
the Commonwealth of Massachusetts.
(xii) Annually, in conducting its business operations, Respondent
Guadagno & Sons d/b/a G&S Shows provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of California.
(xiii) Annually, in conducting its business operations, Respondent Helm &
Sons Amusements, Inc. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of California.
(xiv) Annually, in conducting its business operations, Respondent Kastl
Amusements provides services valued in excess of $5,000 in aggregate to enterprises
outside the State of Arizona.
(xv) Annually, in conducting its business operations, Respondent Kelly
Miller Brothers Circus, Ltd. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Oklahoma.
(xvi) Annually, in conducting its business operations, Respondent Mark
Fanelli’s Traveling Amusement Park, Inc. provides services valued in excess of $5,000
in aggregate to enterprises outside the State of New Hampshire.
(xvii) Annually, in conducting its business operations, Respondent
Mitchell Brothers & Sons, Inc. provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of Louisiana.
14
(xviii) Annually, in conducting its business operations, Respondent
Moore’s Greater Shows, LLC provides services valued in excess of $5,000 in aggregate
to enterprises outside the State of Texas.
(xix) Annually, in conducting its business operations, Respondent
Netterfield’s Popcorn & Lemonade, Inc. provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of Florida.
(xx) Annually, in conducting its business operations, Respondent
Paradise Amusements, Inc. provides services valued in excess of $5,000 in aggregate
to enterprises outside the State of Florida.
(xxi) Annually, in conducting its business operations, Respondent Pugh’s
Concessions provides services valued in excess of $5,000 in aggregate to enterprises
outside the State of Florida.
(xxii) Annually, in conducting its business operations, Respondent
Rockwell Amusements & Promotions, Inc. provides services valued in excess of $5,000
in aggregate to enterprises outside the State of Rhode Island.
(xxiii) Annually, in conducting its business operations, Respondent S&S
Amusements provides services valued in excess of $5,000 in aggregate to enterprises
outside the State of Pennsylvania.
(xxiv) Annually, in conducting its business operations, Respondent S.J.
Entertainment, Inc. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Texas.
(xxv) Annually, in conducting its business operations, Respondent
Smokey’s Greater Shows, Inc. provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of Maine.
(xxvi) Annually, in conducting its business operations, Respondent Steve
Lisko d/b/a Premium Shows of America provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of Ohio.
(xxvii) Annually, in conducting its business operations, Respondent
Strates Fine Foods provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Maryland.
(xxviii) Annually, in conducting its business operations, Respondent
Swyear Amusements, Inc. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Illinois.
15
(xxix) Annually, in conducting its business operations, Respondent Talley
Amusements, Inc. provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Texas.
(xxx) Annually, in conducting its business operations, Respondent
Tinsley’s Amusements, Inc. provides services valued in excess of $5,000 in aggregate
to enterprises outside the State of Missouri.
(xxxi) Annually, in conducting its business operations, Respondent W.
Scott Miller d/b/a Miller Amusements provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of New Hampshire.
(xxxii) Annually, in conducting its business operations, Respondent
Wagner’s Carnival, LLC provides services valued in excess of $5,000 in aggregate to
enterprises outside the State of Texas.
(xxxiii) Annually, in conducting its business operations, Respondent
Windy City Amusements, Inc. provides services valued in excess of $5,000 in
aggregate to enterprises outside the State of Illinois.
(xxxiv) Annually, in conducting its business operations, Respondent Wold
Amusements, Inc. d/b/a America’s Traveling Shows provides services valued in excess
of $5,000 in aggregate to enterprises outside the State of California.
(c) The Respondents are now, and have at all material times been, employers
engaged in commerce within the meaning of Section 2(2), 2(6), and 2(7) of the Act.
2. The labor organization involved
At all material times, the Association of Mobile Entertainment Workers (AMEW)
has been a labor organization within the meaning of Section 2(5) of the Act.
Facts
1. (a) At all material times, the following individuals held the positions set forth
opposite their respective names, and have been supervisors of Respondent JKJ
Workforce Agency (“Respondent JKJ”) within the meaning of Section 2(11) of the Act
and/or agents of Respondent JKJ within the meaning of Section 2(13) of the Act:
James Kendrick Judkins Owner
(b) At all material times, the following individuals have been agents of
Respondent JKJ within the meaning of Section 2(13) of the Act:
(i) Jorge Sanchez Vazquez
(ii) Victor Apolinar Barrios
16
(iii) Liliana Isabel Santos Huesca
(iv) Carlos Agustín Apolinar Barrios
(v) JesÚs Apolinar Barrios
2. At all material times, the following individuals held the positions set forth with
their respective names, and have been supervisors within the meaning of Section 2(11)
of the Act and agents within the meaning of Section 2(13) of the Act of the Respondent
Employer opposite their name (collectively, the Respondent Employers):
(i) Big O Amusements, Inc. Judy Otterbacher, Owner
(ii) Big Rock Amusements, LLC Kelly McDonagh, Owner
(iii) Brown’s Amusements, Inc. Danny Brown, Owner
(iv) Carson & Barnes Circus Co., Inc. Barbara Miller Byrd and
Geary Byrd, Owners
(v) Casey’s Rides, Inc. J.D. Green, Owner
(vi) Chuckwagon Irene Dugan, President
(vii) Culpepper Entertainment, LLC
d/b/a Culpepper & Merriweather Circus Eugene E. Key, III, President
(viii) Family Attractions Amusement Co., LLC Dominic and Ruby Macaroni,
Owners
(ix) Frank Joseph & Sons, Inc.
d/b/a Jolly Shows Peter Joseph, President
(x) Gillette Shows, Inc. Betty Gillette, President
(xi) Guadagno & Sons d/b/a G&S Shows Anthony Guadagno, Sr.,
President
(xii) Helm & Sons Amusements, Inc. Debby Helm, CFO
(xiii) Kastl Amusements Frank Kastl, Owner
(xiv) Kelly-Miller Bros. Circus Ltd. James Royal, General Manager
(xv) Mark Fanelli’s Traveling
Amusement Park, Inc. Mark Fanelli, President
(xvi) Mitchell Bros. & Sons, Inc. Gus Mitchell, Owner
(xvii) Moore’s Greater Shows, LLC Ricky Moore, Owner
(xviii) Netterfield’s Popcorn & Lemonade, Inc. Ronald Netterfield, Owner
(xix) Paradise Amusements, Inc. Michael Parks, Owner
(xx) Pugh’s Concessions, Inc. Beau Pugh, Owner
(xxi) Rockwell Amusements &
Promotions, Inc. Harold Fera, President
(xxii) S&S Amusements, Inc. Stephen Swika, Jr., President
(xxiii) S.J. Entertainment, Inc. Steve Vander Vorste, President
(xxiv) Smokey’s Greater Shows, Inc. Jeanette Gilmore, President
(xxv) Steve Lisko d/b/a
Premium Shows of America Steven Lisko, Owner
(xxvi) Strates Fine Foods Nick Strates, President
(xxvii) Swyear Amusements Terry Swyear, President
(xxviii) Talley Amusements, Inc. Mary Talley, Owner
(xxix) Tinsley’s Amusements, Inc. Richard Tinsley, Owner
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(xxx) W. Scott Miller d/b/a Miller Amusements W. Scott Miller, Owner
(xxxi) Wagner’s Carnival, LLC Jason Wagner, Owner
(xxxii) Windy City Amusements, Inc. Tony and Ruth Salerno, Owners
(xxxiii) Wold Amusements, Inc. d/b/a
America’s Traveling Shows Jason Wold, Owner
3. At all material times, the following individuals held the positions set forth
opposite their respective names, and have been officers and/or agents of the
Association of Mobile Entertainment Workers (AMEW) within the meaning of Section
2(13) of the Act:
(i) Liliana Isabel Santos Huesca Director and President,
Executive Committee
(ii) Jesus Ernesto Alarcon Barrios Director and Vice President,
Executive Committee
(iii) Carlos Agustin Apolinar Barrios Director and Treasurer,
Executive Committee
(iv) Jesús Apolinar Barrios Director and Secretary,
Executive Committee
(v) Isauro Colio Apodaca Director
(vi) Antonio Cruz Villa Director
(vii) Jairo Nahum Huesca del Moral Director
(viii) Jorge Sánchez Vazquez Association Representative
4. Between about the fall of 2013 and about February 2014, the Respondent
Employers, by their agent Judkins, at various locations throughout the United States,
gave assistance and support to AMEW, by:
(i) advising AMEW about which Respondent Employers would be receptive to
working with the Union;
(ii) providing free transportation and lodging to Union representative Jorge
Sanchez Vazquez while traveling with him to visit the various Respondent Employers;
(iii) introducing Sanchez Vazquez to the Respondent Employers prior to or
following his meetings with their employees;
(iv) serving as an intermediary between AMEW and the Respondent Employers
when AMEW requested recognition from the Respondent Employers;
(v) suggesting his sister, Deborah Judkins, for the position of office manager for
AMEW;
(vi) reviewing collective-bargaining agreements proposed by AMEW with the
Respondent Employers with the intent to encourage the Respondent Employers to
execute said agreements;
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(vii) serving as an advisor and translator for AMEW’s Board of Directors by
participating in its meetings of its Executive Board.
5. Between about the fall of 2013 and about February 2014, the Respondent
Employers gave assistance and support to AMEW by:
(i) authorizing Union representative Jorge Sanchez Vazquez to meet with their
employees, during working hours, to discuss their support for and solicit their
membership in the Union;
(ii) recognizing AMEW as the exclusive collective-bargaining representative of
certain of their employees.
6. Between about the fall of 2013 and about January 2014, the Respondent
Employers granted recognition to, entered into, and since then, at all relevant times,
have maintained and enforced collective-bargaining agreements with AMEW as the
exclusive collective-bargaining representative of the following of their employees:
All mobile amusement and recreation attendants employed by the
Respondent Employers at all of their itinerant locations throughout the
United States, but excluding all office, clerical, supervisory and executive
employees and non-itinerant employees (Article 02, Bargaining Unit and
Unit Recognition).
7. The Respondent Employers and Respondent JKJ engaged in the conduct
described above in paragraphs 5 and 6 even though AMEW did not demonstrate
majority status to the Employers in each respective bargaining unit.
8. The collective-bargaining agreements described above in paragraph 6 provide
as follows:
(i) Association Membership (Article 03)
Good standing membership in the Association shall be a condition of
employment with Company for all bargaining unit employees who have
such membership on the effective date of this Agreement; it shall also be
a condition of employment with the Company for all other bargaining unit
employees on or after the thirtieth (30th) day following the effective date of
this Agreement, or on or after the thirtieth (30th) day following the
beginning of their employment, whichever is later. If the foregoing is
prohibited by law, then at the corresponding time all employees shall be
required as a condition of employment (unless prohibited by law) to pay to
the Association a service charge to reimburse it for the cost of negotiating
and administering this Agreement.
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Good standing membership in the Association means such membership in
Association of Mobile Entertainment Workers or affiliate of Association of
Mobile Entertainment Workers.
In the event that [the first paragraph of this section] may not be lawfully
applied, all employees shall be informed by the Company of the existence
of this Agreement and the terms thereof and shall be advised by the
Company that, in its opinion, good labor-management relations are and
will be best served and promoted if such employees become and remain
members of the Association. The Company agrees to implement and
promote this provision by posting copies of the following notice in English
and Spanish in prominent locations and including this with the employees
[sic] pay for each of the first 4 pay periods that any covered employee is
on payroll:
“NOTICE TO ALL MOBILE AMUSEMENT & RECREATION
ATTENDANTS”
This Mobile Amusement Company is being operated under the terms of
an Agreement with the Association of Mobile Entertainment Workers. All
wages and conditions of employment are regulated by the terms of this
Agreement.
Good labor management relations will be best served and promoted, in
our opinion, if all of our employees covered by this agreement become
and remain members of this Association.
Signed: _________________________________
Name of Employer: ________________________
(ii) Check-Off (Article 13)
Subject to the requirements of law concerning authorization and
assignment by the employees individually, the Company shall deduct
membership dues (which shall be deemed to include periodic fixed dues,
initiation fees and assessments) or, to the extent permitted by law, service
charges, from the earnings of its employees at each pay period and
transmit the same to the Association promptly.
Sums deducted by the Company under the provisions of [the above]
paragraph shall be kept separate and apart from the general funds of the
Company and shall be held in trust for the benefit of the Association.
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9. The Respondent Employers and Respondent JKJ engaged in the conduct
described above in paragraphs 5 and 6 even though the Union was not the lawfully
recognized exclusive collective-bargaining representative of the units.
10. The Respondent Employers and Respondent JKJ admit that as a result of
their conduct described above in paragraphs 4, 5, and 6, sufficient facts exist to warrant
a Board finding that they have encouraged their employees to join AMEW.
11. The Respondent Employers and Respondent JKJ admit that as a result of
their conduct described above in paragraphs 4, 5, 6, 7, and 8, sufficient facts exist to
warrant a Board finding that they have been rendering unlawful assistance and support
to a labor organization in violation of Section 8(a)(2) and (1) of the Act.
12. The Respondent Employers and Respondent JKJ admit that, as a result of
their conduct described above in paragraphs 6, 7, and 8, sufficient facts exist to warrant
a Board finding that they have been discriminating in regard to the hire or tenure or
terms or conditions of employment of their employees, thereby encouraging
membership in a labor organization in violation of Section 8(a)(3) and (1) of the Act.
13. The Respondent Employers and Respondent JKJ admit that the unfair labor
practices described above affect commerce within the meaning of Section 2(6) and (7)
of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondents,2 their officers, agents,
successors and assigns, shall

2 JKJ Workforce Agency, Inc., Rio Hondo, Texas; Big O Amusements, Inc., Cardington,
Ohio; Big Rock Amusements, LLC, Chesaning, Michigan; Brown’s Amusements, Mesa,
Arizona; Carson & Barnes Circus Co., Inc., Hugo, Oklahoma; Casey’s Rides, Inc., Utica,
Kentucky; Chuckwagon, Alta Loma, California; Culpepper Entertainment, Inc. d/b/a
Culpepper & Merriweather Circus, Powderly, Texas; Family Attractions Amusement Co.,
LLC, Valdosta, Georgia; Frank Joseph & Sons, Inc. d/b/a Jolly Shows, Annapolis,
Maryland; Gillette Shows, Pittsfield, Massachusetts; Guadagno & Sons d/b/a G&S
Shows, Garden Grove, California; Helm & Sons Amusements, Inc., Colton, California;
Kastl Amusements, Casa Grande, Arizona; Kelly Miller Brothers Circus, Ltd., Hugo,
Oklahoma; Mark Fanelli’s Traveling Amusement Park, Inc., Rindge, New Hampshire;
Mitchell Brothers & Sons, Inc., Slidell, Louisiana; Moore’s Greater Shows, LLC, Lyford,
Texas; Netterfield’s Popcorn & Lemonade, Inc., Land O’Lakes, Florida; Paradise
Amusements, Inc., Ocala, Florida; Pugh’s Concessions, Inc., Lithia, Florida; Rockwell
Amusements & Promotions, Inc., North Scituate, Rhode Island; S&S Amusements,
Scott Township, Pennsylvania; S.J. Entertainment, Inc., New Braunfels, Texas;
Smokey’s Greater Shows, Inc., Bangor, Maine; Steve Lisko d/b/a Premium Shows of
America, Hubbard, Ohio; Strates Fine Foods, Mt. Airy, Maryland; Swyear Amusements,
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1. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Preserve and, within 21 days of a request or such additional time as the
Regional Director may allow for good cause shown, provide at a reasonable place
designated by the Board or its agents all payroll records, social security payment
records, timecards, personnel records 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 to their employees employed during the 2014 carnival season
under the terms of the Board’s Order.
(b) In lieu of production of the documents listed in paragraph (a), the Respondents
may produce, within 21 days of a request or such additional time as the Regional
Director may allow for good cause shown, a sworn statement, notarized or signed under
penalty of perjury, affirming: (i) that they have already provided the Region with all
responsive documents; and (ii) if accurate, that they do not possess, and did not
maintain, any records of hours worked by their employees during the 2014 season.
(c) Within 21 days from the date of the Board's Order, make whole their
employees employed during the 2014 carnival season, except that if the amounts, if
any, due to employees are not yet agreed upon, a compliance proceeding will be
commenced as soon as practicable to litigate the amount of backpay due, if any, to said
employees. Interest on any backpay owed shall be computed in accordance with the
formula set forth in New Horizons, 283 NLRB 1173 (1987).

Inc., New Athens, Illinois; Talley Amusements, Inc., Fort Worth, Texas; Tinsley’s
Amusements, Inc., High Hill, Missouri; W. Scott Miller d/b/a Miller Amusements,
Webster, New Hampshire; Wagner’s Carnival, LLC, Aransas Pass, Texas; Windy City
Amusements, Inc., St. Charles, Illinois; and Wold Amusements, Inc. d/b/a America’s
Traveling Shows, Hanford, California.
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(d) Within 21 days after service by the Region, file with the Regional Director for
Region 1 a sworn certification, on a form provided by the Region, attesting to the steps
that the Respondents have taken to comply.
Dated, Washington, D.C., December 28, 2017.
___________________________________
Mark Gaston Pearce, Member
___________________________________
Lauren McFerran, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD