Pas LLC

National Labor Relations Board - Board Decisions

Oct 31, 2016

364 NLRB No. 139 (N.L.R.B. 2016)

364 NLRB No. 139
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.
PAS LLC and International Brotherhood of Team-
sters Local Union No. 727. Cases 13–CA–143764
and 13–CA–144968
October 31, 2016
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA
AND MCFERRAN
The General Counsel seeks a default judgment in this
case on the ground that Pas LLC, the Respondent, has
failed to file an answer to the first amended consolidated
complaint and compliance specification. Upon charges
filed on January 2, and 23, 2015, by International Broth-
erhood of Teamsters, Local Union No. 727, the Union,
the General Counsel issued a first amended consolidated
complaint, compliance specification, and notice of hear-
ing (the consolidated complaint and compliance specifi-
cation) on June 17, 2015, alleging that the Respondent
has violated Section 8(a)(5) and (1) of the Act. The Re-
spondent failed to file an answer.
On July 20, 2015, the General Counsel filed with the
National Labor Relations Board a Motion to Transfer
Proceedings to the Board and a Motion for Default
Judgment. Thereafter, on July 22, 2015, the Board is-
sued an order transferring the proceeding to the Board
and a Notice to Show Cause why the motion should not
be granted. The Respondent filed no response. The alle-
gations 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. Similarly, Section 102.56 of the Board’s Rules
and Regulations provides that the allegations in a com-
pliance specification will be taken as true if an answer is
not filed within 21 days from service of the compliance
specification. In addition, the consolidated complaint
and compliance specification affirmatively stated that,
unless an answer was received by July 8, 2015, the Board
may find, pursuant to a motion for default judgment, that
the allegations in the consolidated complaint and compli-
ance specification are true. Further, the undisputed alle-
gations in the General Counsel’s motion disclose that the
Region, by letter dated July 9, 2015, notified the Re-
spondent that unless an answer was received by July 13,
2015, a motion for default judgment would be filed.
Accordingly, in the absence of good cause being
shown for the failure to file an answer, we deem the alle-
gations in the consolidated complaint and compliance
specification to be admitted as true, and 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, an Illinois lim-
ited liability company with an office and place of busi-
ness in Chicago, Illinois, has been engaged in the busi-
ness of providing parking valet services for commercial
buildings and retail enterprises. During the calendar year
preceding the issuance of the consolidated complaint and
compliance specification, the Respondent, in conducting
its business operations described above, provided ser-
vices valued in excess of $50,000 at various retail restau-
rants located within the State of Illinois that are directly
engaged in interstate commerce.
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 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, George Ongay held the position
of the Respondent’s operations manager and has been a
supervisor of the Respondent within the meaning of Sec-
tion 2(11) of the Act and an agent of the Respondent
within the meaning of Section 2(13) of the Act.
The following employees of the Respondent (collec-
tively, the units) constitute units appropriate for the pur-
poses of collective bargaining within the meaning of Sec-
tion 9(b) of the Act:
Unit A: All full-time and part-time employees who
perform valet services at locations which have no park-
ing facilities; but excluding all clerical employees, pro-
fessional employees, guards, and supervisors as defined
in the National Labor Relations Act;
Unit B: Cashiers, hikers, attendants, porters, mainte-
nance men/custodians, drive men, washers, collectors,
customer service representatives (excluding those who
do sales and/or marketing), drivers, dispatchers, bell-
men, doormen and supervisors who perform bargaining
unit work, but excluding clerical employees, guards,
professional employees and supervisors as defined in
the National Labor Relations Act, who do not perform
bargaining unit work.
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Since about July 1, 2013, and at all material times, the
Respondent has recognized the Union as the exclusive
collective-bargaining representative of Unit A. This
recognition has been embodied in a collective-bargaining
agreement between the Respondent and the Union effec-
tive from July 1, 2013, through June 20, 2018.
Since December 19, 2013, and at all material times,
the Respondent has recognized the Union as the exclu-
sive collective-bargaining representative of Unit B. This
recognition has been embodied in a collective-bargaining
agreement between the Respondent and the Union effec-
tive from November 1, 2011, through October 31, 2016.
At all times since about July 1, 2013, based on Section
9(a) of the Act, the Union has been the exclusive collec-
tive-bargaining representative of Unit A.
At all times since about December 19, 2013, based on
Section 9(a) of the Act, the Union has been the exclusive
collective-bargaining representative of Unit B.
The collective-bargaining agreements described above
(the collective-bargaining agreements) contain the fol-
lowing provision:
Section 2.2: When specifically authorized in writing
by each employee, the Employer will deduct, from the
first paycheck of each month, dues and/or fees owing
the Union and forward them to the Secretary-Treasurer
of the Union, not later than ten (10) days after each
monthly deduction. Such authorization, once given,
shall be irrevocable for a period of not less than one (1)
year or the term of this Agreement, whichever occurs
sooner.
Since about July 2014, the Respondent has failed to
remit dues to the Union for all bargaining unit employees
who have specifically authorized the deduction of dues
from their paychecks in the units described above.
On December 8, 2014, the Union, orally and in writ-
ing, requested from the Respondent’s agent George On-
gay and the Respondent’s attorney, Douglas Wexler,
(i) A seniority list of all employees performing
bargaining unit work from July 2013 – present;
and
(ii) A list of all current accounts held by Pas, LLC.
On December 15, 2014, the Union orally informed the
Respondent’s agent, George Ongay, that the information
the Union requested was still outstanding.
The information requested by the Union, as described
above, is necessary for, and relevant to, the Union’s per-
formance of its duties as the exclusive collective-
bargaining representative of the unit.
Since about December 15, 2014, the Respondent has
unreasonably delayed in providing, and has failed to pro-
vide, the Union with the requested information.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively with the
exclusive collective-bargaining representative of its em-
ployees in violation of Section 8(a)(5) and (1) of the Act,
and has thereby engaged in unfair labor practices affect-
ing 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 has violated Section 8(a)(5)
and (1) by, since about July 2014, failing to remit dues to
the Union for all bargaining unit employees who have
specifically authorized the deduction of dues from their
paychecks as provided in Section 2.2 of the collective-
bargaining agreements, we shall order the Respondent to
remit to the Union the amount set forth in Attachment A
of the consolidated complaint and compliance specifica-
tion, attached to this decision, plus interest accrued to the
date of payment at the rate prescribed in New Horizons,
283 NLRB 1173 (1987), compounded daily as prescribed
in Kentucky River Medical Center, 356 NLRB 8 (2010).
Additionally, having found that the Respondent has
violated Section 8(a)(5) and (1) by unreasonably delay-
ing in providing and failing to provide the Union with
requested necessary and relevant information since De-
cember 15, 2014, we shall order the Respondent to pro-
vide the Union with the requested information.
ORDER
The National Labor Relations Board orders that the
Respondent, Pas LLC, Chicago, Illinois, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively and in
good faith with the International Brotherhood of Team-
sters, Local Union No. 727 as the exclusive collective-
bargaining representative of the employees in the follow-
ing units by failing to remit dues to the Union for all bar-
gaining unit employees who have specifically authorized
the deduction of dues from their paychecks as provided
in Section 2.2 of the collective-bargaining agreements.
The units are:
Unit A: All full-time and part-time employees who
perform valet services at locations which have no park-
PAS LLC 3
ing facilities; but excluding all clerical employees, pro-
fessional employees, guards, and supervisors as defined
in the National Labor Relations Act;
Unit B: Cashiers, hikers, attendants, porters, mainte-
nance men/custodians, drive men, washers, collectors,
customer service representatives (excluding those who
do sales and/or marketing), drivers, dispatchers, bell-
men, doormen and supervisors who perform bargaining
unit work, but excluding clerical employees, guards,
professional employees and supervisors as defined in
the National Labor Relations Act, who do not perform
bargaining unit work.
(b) Refusing to bargain collectively with the Union by
unreasonably delaying in providing, and failing to pro-
vide, the Union with certain requested information that is
relevant and necessary to the Union’s performance of its
functions as the collective-bargaining representative of
the Respondent’s unit employees.
(c) 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) Remit to the Union the dues for all bargaining unit
employees who have specifically authorized the deduc-
tion of dues from their paychecks as provided in Section
2.2 of the collective-bargaining agreements, in the
amount of $4555, as set forth in Attachment A of the
consolidated complaint and compliance specification,
with interest in the manner set forth in the remedy sec-
tion of this decision.
(b) Provide the Union with the relevant and necessary
information it requested on December 8, 2014.
(c) 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 rec-
ords and reports, and all other records including an elec-
tronic copy of such records if stored in electronic form,
necessary to analyze the amount of dues remittances due
the Union under the terms of this Order.
(d) Within 14 days after service by the Region, post at
its facility in Chicago, Illinois, copies of the attached
notice marked “Appendix.”1 Copies of the notice, on
forms provided by the Regional Director for Region 13,

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-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
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. In addition to physical posting of paper
notices, notices shall be distributed electronically, such
as by email, posting on an intranet or an internet site,
and/or other electronic means, if the Respondent custom-
arily communicates with its employees by such means.
Reasonable steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced or covered
by any other material. If the Respondent has gone out of
business or closed the facility involved in these proceed-
ings, the Respondent shall duplicate 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 July 1, 2014.
(e) Within 21 days after service by the Region, file
with the Regional Director for Region 13 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. October 31, 2016
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Philip A. Miscimarra, Member
______________________________________
Lauren McFerran, 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
4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected activi-
ties.
WE WILL NOT fail and refuse to bargain collectively
and in good faith with International Brotherhood of
Teamsters Local Union No. 727 as the exclusive collec-
tive-bargaining representative of our employees in the
following units by failing to remit to the Union the dues
for all bargaining unit employees who have specifically
authorized the deduction of dues from their paychecks as
provided in Section 2.2 of the collective-bargaining
agreements. The units are:
Unit A: All full-time and part-time employees who per-
form valet services at locations which have no parking
facilities; but excluding all clerical employees, profes-
sional employees, guards, and supervisors as defined in
the National Labor Relations Act;
Unit B: Cashiers, hikers, attendants, porters, mainte-
nance men/custodians, drive men, washers, collectors,
customer service representatives (excluding those who
do sales and/or marketing), drivers, dispatchers, bell-
men, doormen and supervisors who perform bargaining
unit work, but excluding clerical employees, guards,
professional employees and supervisors as defined in
the National Labor Relations Act, who do not perform
bargaining unit work.
WE WILL NOT unreasonably delay in providing, or fail
to provide, the union with relevant and necessary infor-
mation requested by the Union.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL remit to the Union the dues for all bargaining
unit employees who have specifically authorized the de-
duction of dues from their paychecks pursuant to Section
2.2 of our collective-bargaining agreements in the
amount totaling $4555, plus interest.
WE WILL provide the Union with the relevant and nec-
essary information requested by the Union on December
8, 2014.
PAS LLC
The Board’s decision can be found at
www.nlrb.gov/case/13–CA–143764 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1015 Half Street, S.E., Washington,
D.C. 20570, or by calling (202) 273–1940.
ATTACHMENT A
Last
Name
First
Name
Months Dues
Rate/Mo.
Gross
Dues
Bastidas Eduardo 12 $45.00 $540
Davis Arthur 12 $45.00 $540
Garcic Mufid 12 $45.00 $540
Rebollar Javier 12 $45.00 $540
Sanchez Uriel 12 $45.00 $540
Tabango Ivan 12 $45.00 $540
Vasilev Hristo 12 $45.00 $540
Vasquez Luis 12 $45.00 $540
Yanez Victor 12 $45.00 $540
Gurdiel Mark 12 $45.00 $540
Total Gross Dues = $5,400
Dues Paid by the Em-
ployer
Month check was written
to Union
$720.00 September 2014
$125.00 January 2015
Total Interim Remittances = $845.00
Net Dues = Total Gross Dues – Total Interim Remit-
tances
Net Dues = $4,555