Pittsburgh Athletic Association

National Labor Relations Board - Board Decisions

Dec 24, 2013

360 NLRB No. 18 (N.L.R.B. 2013)

360 NLRB No. 18
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.
Pittsburgh Athletic Association and UNITE HERE
Local 57. Cases 06–CA–105460 and 06–CA–
105461
December 24, 2013
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS JOHNSON
AND SCHIFFER
The General Counsel seeks a default judgment in this
case on the ground that Pittsburgh Athletic Association,
the Respondent, has failed to file an answer to the con-
solidated complaint. Upon charges filed on May 20,
2013, by UNITE HERE Local 57 (the Union), the Gen-
eral Counsel, on August 29, 2013, issued the consolidat-
ed complaint against the Respondent alleging that it vio-
lated Section 8(a)(5) and (1) of the National Labor Rela-
tions Act. The Respondent failed to file an answer.
On October 22, 2013, the General Counsel filed a Mo-
tion for Default Judgment with the Board.1 On October
23, 2013, the Board issued an order transferring the pro-
ceeding to the Board and a Notice to Show Cause why
the motion should not be granted. The Respondent filed
no response. The allegations in the motions are therefore
undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
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 consolidated complaint affirma-
tively stated that unless an answer was received by Sep-
tember 12, 2013, the Board may find, pursuant to a mo-
tion for default judgment, that the allegations in the com-
plaint are true. Further, the undisputed allegations in the
General Counsel’s motion disclose that the Region, by
letter dated September 23, 2013, notified the Respondent
that unless an answer was received by the close of busi-
ness on the third business day following receipt of that
letter, a motion for default judgment would be filed.
Nevertheless, the Respondent failed to file an answer.

1 On October 23, 2013, the General Counsel filed a Motion to Cor-
rect Motion for Default Judgment to include in the Motion for Default
Judgment a more accurate description of the consolidated complaint
allegations.
In the absence of good cause being shown for the fail-
ure to file an answer, we deem the allegations in the con-
solidated complaint to be admitted as true, and we grant
the General Counsel’s Motion for Default Judgment and
his Motion to Correct.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a non-profit
Pennsylvania corporation, with an office and place of
business in Pittsburgh, Pennsylvania (the facility), has
been engaged in the operation of a private club, which
supplies food and beverage services, athletic services,
and related services to members and their guests.
In conducting its operations during the 12-month peri-
od ending April 30, 2013, the Respondent derived gross
revenues in excess of $500,000, and purchased and re-
ceived at its facility goods valued in excess of $50,000
from other enterprises, including Sysco Food Service,
located within the Commonwealth of Pennsylvania,
which other enterprise had received these goods directly
from points outside the Commonwealth of Pennsylvania.
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, the following individuals held
the positions set forth opposite their respective names
and have been supervisors of the Respondent within the
meaning of Section 2(11) of the Act and agents of the
Respondent within the meaning of Section 2(13) of the
Act:
Joseph Dengler General Manager
Robert Dauer President, Board of Directors
John Freyvogel Vice President, Board of Direc-
tors
James Sheehan Secretary, Board of Directors
Mike McSorely Treasurer, Board of Directors
For many years, the Respondent has recognized the
Union as the exclusive collective-bargaining representa-
tive of all food and beverage and housekeeping employ-
ees of the Respondent, the unit. This recognition has
been embodied in successive collective-bargaining
agreements, the most recent of which is effective by its
terms from March 1, 2012, to February 28, 2015 (the
Agreement). The unit, as set forth in the Agreement,
constitutes a unit appropriate for the purposes of collec-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
tive bargaining within the meaning of Section 9(b) of the
Act. At all material times, based on Section 9(a) of the
Act, the Union has been the exclusive collective-
bargaining representative of the unit.
Article I, section 2 of the Agreement reads as follows:
The employer shall make monthly deductions for dues
and fees as instructed by the Secretary-Treasurer of the
union from the first paycheck of every month. If the
wages are insufficient to make the deduction, the em-
ployer shall make the deduction that month from the
next paycheck, which has sufficient wages for the de-
duction. If no deduction is made for union dues in the
month, the employer will make up the deduction in the
following month from the paycheck following the
paycheck from which deduction for current dues were
made.
Except for the deduction of the initiation fee, reinstate-
ment fee or other special fees as instructed by the Sec-
retary-Treasurer of the union, in no case shall the em-
ployer deduct more than two months dues during any
one month, or more than one month’s dues from any
single paycheck. Deductions for missed dues payments
shall be made at the rate of one extra deduction per
month until the missed dues are paid.
No later than the tenth day of each month, the employer
shall submit one check for the previous month’s dues
deductions together with one list of all bargaining unit
employees, showing their names, their social security
numbers, their dates of hire, hours worked, the total
amount deducted from each employee each month, the
reason if no deduction was made. The employer shall
deposit the list in an electronic format approved by the
Union on the Union’s FTP site.
Since about November 2012, the Respondent failed to
continue in effect all terms and conditions of the Agree-
ment by failing to remit to the Union dues and fees de-
ducted from the unit employees’ wages.
The terms and conditions of employment described
above are mandatory subjects for the purposes of collec-
tive bargaining.
The Respondent engaged in the conduct described
above without the Union’s consent.
Since about April 16, 2013, the Union has requested
orally and in writing to Dengler that the Respondent fur-
nish it with the following information:
(a) Payroll summaries for each employee
(Monthly) for the years of 2011, 2012, and 2013.
(b) Bargaining Unit Lists Monthly for the years
2011, 2012, and 2013.
(c) Year-end summaries for all bargaining unit
employees for 2011, 2012, and 2013.
The information requested by the Union is necessary
for, and relevant to, the Union’s performance of its duties
as the exclusive collective-bargaining representative of
the unit.
From about April 16 to June 14, 2013, the Respondent
unreasonably delayed in furnishing the Union with the
information requested by it.
CONCLUSION OF LAW
By failing to continue in effect all terms and conditions
of the Agreement by failing, since about November
2012, to remit to the Union dues and fees deducted from
the unit employees’ wages, and by unreasonably delay-
ing in furnishing the Union with the information it re-
quested on about April 16, 2013, the Respondent failed
and refused to bargain collectively and in good faith with
the exclusive collective-bargaining representative of its
employees in violation of Section 8(a)(5) and (1) of the
Act, and has thereby engaged in unfair labor practices
affecting 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)(5) and
(1) of the Act by failing and refusing to continue in effect
all terms and conditions of the Agreement by, since
about November 2012, failing to remit to the Union dues
and fees deducted from unit employees’ wages, as re-
quired by article I, section 2 of the Agreement, we shall
order the Respondent to remit such withheld dues and
fees to the Union, with interest as prescribed in New Ho-
rizons for the Retarded, 283 NLRB 1173 (1987), com-
pounded daily as prescribed in Kentucky River Medical
Center, 356 NLRB No. 8 (2010).
ORDER
The National Labor Relations Board orders that the
Respondent, Pittsburgh Athletic Association, Pittsburgh,
Pennsylvania, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively with
UNITE HERE Local 57 as the exclusive collective-
bargaining representative of its unit employees by, since
about November 2012, failing and refusing to remit dues
and fees to the Union as required by article I, section 2 of
its 2012–2015 collective-bargaining agreement with the
3
PITTSBURGH ATHLETIC ASSN.
Union. The unit consists of all of the Respondent’s food
and beverage and housekeeping employees.
(b) Unreasonably delaying in furnishing the Union
with requested information that is relevant and necessary
to the Union’s performance of its duties as the exclusive
collective-bargaining representative of the unit employ-
ees.
(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 all dues and fees as required by
article I, section 2 of the 2012–2015 collective-
bargaining agreement that have been deducted from unit
employees’ wages and that have not been remitted since
about November 2012, with interest, in the manner set
forth in the remedy section of this decision.
(b) Within 14 days after service by the Region, post at
its facility in Pittsburgh, Pennsylvania, copies of the at-
tached notice marked “Appendix.”2 Copies of the notice,
on forms provided by the Regional Director for Region
6, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous plac-
es including all places where notices to employees are
customarily 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
customarily communicates with its employees by such
means. Reasonable steps shall be taken by the Respond-
ent 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 Respondent has
gone out of business or closed the facility involved in
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at any time since November 2012.
(c) Within 21 days after service by the Region, file
with the Regional Director for Region 6 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.

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.”
Dated, Washington, D.C. December 24, 2013
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Harry I. Johnson, III, Member
______________________________________
Nancy Schiffer, 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
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT fail and refuse to bargain collectively
with UNITE HERE Local 57 as the exclusive collective-
bargaining representative of our unit employees by, since
about November 2012, failing and refusing to remit dues
and fees to the Union as required by article I, section 2 of
our 2012–2015 collective-bargaining agreement with the
Union. The unit consists of all food and beverage and
housekeeping employees employed by us.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
WE WILL NOT unreasonably delay in furnishing the Un-
ion with requested information that is relevant and neces-
sary to the Union’s performance of its duties as the ex-
clusive collective-bargaining representative of the unit
employees.
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 all dues and fees as re-
quired by article I, section 2 of the 2012–2015 collective-
bargaining agreement that have been deducted from unit
employee’s wages and that have not been remitted since
in or about November 2012, with interest.
PITTSBURGH ATHLETIC ASSOCIATION