Metro Detroit Valet Parking

National Labor Relations Board - Board Decisions

Jul 11, 2001

334 N.L.R.B. 71 (N.L.R.B. 2001)

334 NLRB No. 71
1
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.
Metro Detroit Valet Parking, Inc.; Greektown Casino
LLC and Joint Council 43, International Broth-
erhood of Teamsters, AFL–CIO. Case 7–CA–
43633
July 11, 2001
DECISION AND ORDER
BY CHAIRMAN HURTGEN AND MEMBERS
LIEBMAN AND WALSH
Upon a charge and an amended charge filed by the Un-
ion on January 3 and February 15, 2001, the Acting Ge n-
eral Counsel of the National Labor Relations Board is-
sued a complaint on March 22, 2001 against Metro De-
troit Valet Parking, Inc. (Respondent Metro) and Greek-
town Casino LLC (Respondent Casino). The complaint
alleges that Respondent Metro has violated Section
8(a)(1) and (3) of the National Labor Relations Act, and
that Respondent Casino is a successor to Respondent
Metro and is jointly liable with Respondent Metro for
affirmatively remedying the alleged unfair labor prac-
tices pursuant to Golden State Bottling Co. v. NLRB, 414
U.S. 168 (1973). On April 10, 2001, Respondent Casino
filed an answer to the complaint. Although properly
served copies of the charges and complaint, Respondent
Metro failed to file an answer.
On May 18, 2001, the Acting General Counsel filed a
Motion for Partial Summary Judgment with the Board,
regarding the complaint allegations concerning Respon-
dent Metro.1 On May 25, 2001, the Board issued an or-
der transferring the proceeding to the Board and a Notice
to Show Cause why the motion should not be granted.
Respondent Metro filed no response. The allegations in
the motion are therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Partial Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide that the allegations in the 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 notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered

1 The General Counsel does not seek summary judgment against Re-
spondent Casino, and we do not pass on whether it is liable for Respon-
dent Metro’s unfair labor practices. See B/E Aerospace, 323 NLRB
604 (1997).
admitted. Further, the undisputed allegations in the Mo-
tion for Partial Summary Judgment disclose that the Re-
gion, by letter dated April 25, 2001, notified Respondent
Metro that unless an answer were received by May 2,
2001, a Motion for Default Summary Judgment would be
filed. To date, Respondent Metro has not filed an an-
swer.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the Acting General
Counsel’s Motion for Partial Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, Respondent Metro, a Michigan
corporation with an office and place of business at 719
Griswold Street, Detroit, Michigan, has been engaged in
the furnishing of valet automobile parking services. At
all material times, Respondent Metro has maintained a
place of business at 400 Monroe Street, Detroit, Michi-
gan (at Respondent Casino’s site) (the Monroe facility),
which is the only facility involved in this proceeding.
Based on a projection of its operations since about No-
vember 10, 2000, at which time Respondent Metro
commenced its operations at the Monroe facility, Re-
spondent Metro, in conducting its business operations
described above, would annually have provided services
valued in excess of $50,000 to Respondent Casino.
At all material times, Respondent Casino, a Michigan
corporation with an office and place of business at the
Monroe facility has been engaged in the operation of a
gambling casino.
Based on a projection of its operations since about No-
vember 10, 2000, at which time Respondent Casino
commenced its operations, Respondent Casino, in con-
ducting its business operations described above, will an-
nually derive gross revenues in excess of $500,000 and
will annually purchase and receive at its Monroe facility
goods valued in excess of $5000 directly from points
outside the State of Michigan.
We find that, at all material times, Respondent Metro
has been an employer engaged in commerce within the
meaning of Section 2(2), (6), and (7) of the Act, and that
Joint Council 43, International Brotherhood of Team-
sters, AFL–CIO (the Union) has been a labor organiza-
tion within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals held
the positions set forth opposite their names and have
been supervisors of Respondent Metro within the mean-
ing of Section 2(11) of the Act, and agents of Respon-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
dent Metro within the meaning of Section 2(13) of the
Act.

Myron Hooker General Manager
Bernie DeSantis Supervisor

On about December 30, 2000, Respondent Metro, by
and through its agent Bernie DeSantis, discharged its
Monroe facility employee Ronnie Peter. Respondent
Metro discharged Peter because of his support for, and
activities and sympathies on behalf of, the Union, and to
discourage employees from engaging in these and other
protected concerted activities.
CONCLUSION OF LAW
By the acts and conduct described above, Respondent
Metro has discriminated in regard to the hire or tenure or
terms or conditions of employment of its employees,
thereby discouraging membership in a labor organization
in violation of Section 8(a)(3) and (1). The unfair labor
practice described above affects commerce within the
meaning of Section 2(6) and (7) of the Act.
REMEDY
Having found that Respondent Metro has engaged in
certain 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 Respondent Metro has violated Section
8(a)(3) and (1) by discharging Ronnie Peter, we shall
order Respondent Metro to offer Peter full reinstatement
to his former job or, if that job no longer exists, to a sub-
stantially equivalent position, without prejudice to his
seniority or any other rights or privileges previously en-
joyed. Further, we shall order Respondent Metro to
make Peter whole for any loss of earnings and other
benefits suffered as a result of the discrimination against
him. Backpay shall be computed in accordance with F.
W. Woolworth Co., 90 NLRB 289 (1950), with interest
as prescribed in New Horizons for the Retarded, 283
NLRB 1173 (1987). Respondent Metro also shall be
required to remove from its files any reference to Peter’s
unlawful discharge, and to notify Peter in writing that
this has been done and that the discharge will not be used
against him in any way.
ORDER
The National Labor Relations Board orders that the
Respondent, Metro Detroit Valet Parking, Inc., Detroit,
Michigan, its officers, agents, successors, and assigns,
shall
1.Cease and desist from
(a) Discharging or otherwise discriminating against
employees because they support a union or engage in
union or protected concerted activities.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exe rcise 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
Ronnie Peter 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 or privileges previously enjoyed.
(b) Make Ronnie Peter whole for any loss of earnings
and other benefits suffered as a result of his unlawful
discharge, in the manner set forth in the remedy section
of this decision.
(c) Within 14 days from the date of this Order, remove
from its files any reference to the unlawful discharge of
Ronnie Peter, and within 3 days thereafter, notify him in
writing that this has been done and that the unlawful dis-
charge will not be used against him in any way.
(d) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment re-
cords, timecards, personnel records and reports, and all
other records, including an electronic copy of such re-
cords 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 Detroit, Michigan, copies of the attached
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 7,
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 December 30, 2000.
(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-

2 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-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
METRO DETROIT VALET PARKING, INC. 3
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. July 11, 2001

Peter J. Hurtgen, Chairman

Wilma B. Liebman, Member

Dennis P. Walsh, 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 vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT discharge or otherwise discriminate
against you because you support a union or engage in
union or protected 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 Ronnie Peter 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 or privileges previously enjoyed.
WE WILL make Ronnie Peter whole for any loss of
earnings and other benefits suffered as a result of his
unlawful discharge, with interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful discharge of Ronnie Peter, and WE WILL, within 3
days thereafter, notify him in writing that this has been
done and that the unlawful discharge will not be used
against him in any way.
METRO DETROIT VALET PARKING, INC.