Premier Environmental Solutions, LLC

National Labor Relations Board - Board Decisions

Jan 25, 2018

366 NLRB No. 8 (N.L.R.B. 2018)

366 NLRB No. 8
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.
Premier Environmental Solutions, LLC and Team-
sters Local Union No. 838, affiliated with Inter-
national Brotherhood of Teamsters. Case 14–
CA–198879
January 25, 2018
DECISION AND ORDER
BY CHAIRMAN KAPLAN AND MEMBERS MCFERRAN
AND EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the complaint, compliance specification,
and notice of hearing. Upon a charge and amended
charge filed by Teamsters Local Union No. 838, affiliat-
ed with International Brotherhood of Teamsters (the Un-
ion), on May 16 and August 7, 2017, respectively, the
General Counsel issued a complaint, compliance specifi-
cation, and notice of hearing on August 25, 2017, and an
amendment to the complaint, compliance specification,
and notice of hearing on August 28, 2017, alleging that
the Respondent has violated Section 8(a)(5) and (1) of
the National Labor Relations Act. The Respondent
failed to file an answer to the complaint, compliance
specification, and notice of hearing or the amendment.
On September 28, 2017, the General Counsel filed
with the National Labor Relations Board a Motion to
Transfer Proceeding to Board and for Default Judgment.
On October 2, 2017, the Board issued an order transfer-
ring the proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The Re-
spondent filed no response. The allegations in the mo-
tion are therefore undisputed.
The Board has delegated its authority in this proceed-
ing 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
of 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 compliance
specification will be taken as true if an answer is not
filed within 21 days from service of the compliance spec-
ification. In addition, the complaint, compliance specifi-
cation, and notice of hearing and the amendment both
affirmatively stated that unless an answer was received
by September 15 and 18, 2017, respectively, the Board
may find, pursuant to a motion for default judgment, that
the allegations in the documents are true. Further, the
undisputed allegations in the General Counsel’s motion
disclose that the Region, by letter dated September 19,
2017, advised the Respondent that unless an answer was
received by September 26, 2017, a motion for default
judgment would be filed. Nevertheless, the Respondent
failed to file an answer.
In the absence of good cause being shown for the fail-
ure to file an answer to the complaint, compliance speci-
fication, and notice of hearing or the amendment, we
deem the allegations 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 has been a lim-
ited liability company with its principal office in Sterling
Heights, Michigan, and has operated at customer facili-
ties throughout the United States, including the Recycle
Center at the Ford Kansas City Assembly Plant located
in Kansas City, Missouri, where it was engaged in
providing environmental recycling services.
In conducting its operations during the 12-month peri-
od ending March 24, 2017, the Respondent performed
services valued in excess of $50,000 in states other than
the State of Missouri.
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, Duane Jones held the position of
the Respondent’s president and has been a supervisor of
the Respondent within the meaning of Section 2(11) of
the Act and an agent of the Respondent within the mean-
ing of Section 2(13) of the Act.
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:
All full-time and regular part-time warehouse equip-
ment operators employed by the Respondent in the Re-
cycle Center at the Ford Kansas City Assembly Plant
located in Kansas City, Missouri.
At all material times, the Respondent has recognized
the Union as the exclusive collective-bargaining repre-
sentative of the unit. This recognition has been embod-
ied in a collective-bargaining agreement, which is effec-
tive by its terms from January 7, 2015, to January 6,
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
2017. About January 9, 2017, the Respondent and the
Union, in writing, extended this agreement until termi-
nated, by either party, with at least 7 days written notice
of an intention to terminate. Neither party exercised their
right to terminate the agreement.
At all times since January 7, 2015, based on Section
9(a) of the Act, the Union has been the exclusive collec-
tive-bargaining representative of the unit.
The Respondent engaged in the following conduct giv-
ing rise to these proceedings:
1. On or about March 3, 2017, the Respondent failed to
continue in effect all the terms and conditions of the col-
lective-bargaining agreement described above by deduct-
ing dues from unit employees’ pay in excess of what
employees owed.
2. From January 1 through March 20, 2017, the Re-
spondent failed to continue in effect all the terms and
conditions of the collective-bargaining agreement de-
scribed above by failing to remit to the Union dues
and/or initiation fees deducted from unit employees’ pay.
3. On or about March 24, 2017, the Respondent failed
to continue in effect all the terms and conditions of the
collective-bargaining agreement described above by fail-
ing to pay unit employees’ wages under the terms of the
agreement.
4. The terms and conditions of employment described
above in paragraphs 1 through 3 are mandatory subjects
for the purposes of collective bargaining.
5. The Respondent engaged in the conduct described
above in paragraphs 1 through 3 without the Union’s
consent.
CONCLUSION OF LAW
By the conduct described above in paragraphs 1
through 5, the Respondent has failed and refused to bar-
gain collectively and in good faith with the exclusive
collective-bargaining representative of its employees
within the meaning of Section 8(d) of the Act in violation
of Section 8(a)(5) and (1) of the Act. The unfair labor
practices of the Respondent described above affect com-
merce 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) by, contrary to the terms of the collective-bargaining
agreement still in effect, (1) deducting dues from unit
employees’ pay in excess of what employees owed and
(2) failing to pay unit employees’ wages under the terms
of the agreement, we shall order the Respondent to make
unit employees whole in the amount set forth in Attach-
ment A to this Decision and Order, plus interest accrued
until 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
6 (2010), minus tax withholdings required by Federal
and State laws. In addition, we shall order the Respond-
ent to compensate unit employees for any adverse tax
consequences of receiving lump-sum backpay awards
and to file a report with the Regional Director for Region
14 allocating backpay to the appropriate calendar year.
AdvoServ of New Jersey, Inc., 363 NLRB No. 143
(2016). Having found that the Respondent violated Sec-
tion 8(a)(5) and (1) by, contrary to the terms of the col-
lective-bargaining agreement still in effect, failing to
remit to the Union dues and/or initiation fees deducted
from unit employees’ pay, we shall order the Respondent
to remit to the Union the amount set forth in Attachment
A to this Decision and Order, plus interest accrued until
the date of payment at the rate prescribed in New Hori-
zons, supra, compounded daily as prescribed in Kentucky
River Medical Center, supra.
ORDER
The National Labor Relations Board orders that Prem-
ier Environmental Solutions, LLC, Sterling Heights,
Michigan, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Failing to bargain collectively and in good faith
with Teamsters Local Union No. 838, affiliated with In-
ternational Brotherhood of Teamsters (the Union), as the
exclusive collective-bargaining representative of the unit
employees by, without the Union’s consent, failing to
continue in effect the terms and conditions of the collec-
tive-bargaining agreement effective since January 7,
2015, by (1) failing to pay unit employees according to
the terms of the agreement; (2) deducting union dues
from unit employees’ paychecks in excess of the
amounts provided for in the agreement, and (3) failing to
remit, as provided for in the agreement, unit employees’
union dues and/or initiation fees that were properly de-
ducted from their paycheck. The unit is:
All full-time and regular part-time warehouse equip-
ment operators employed by the Respondent in the Re-
cycle Center at the Ford Kansas City Assembly Plant
located in Kansas City, Missouri.
(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.
PREMIER ENVIRONMENTAL SOLUTIONS, LLC 3
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Make unit employees whole for unpaid wages and
excess deductions for union dues in the amounts set forth
in Attachment A to this decision, plus interest accrued to
the date of payment, and minus tax withholding required
by Federal and State laws, as set forth in the remedy sec-
tion of this decision.
(b) Compensate unit employees for the adverse tax
consequences, if any, of receiving lump-sum backpay
awards, and file with the Regional Director for Region
14, within 21 days of the date the amount of backpay is
fixed, either by agreement or Board order, a report allo-
cating the backpay award to the appropriate calendar
year.
(c) Remit to the Union unit employees’ union dues
and/or initiation fees that were properly deducted from
their paychecks in the amount of $1158, as set forth in
Attachment A to this decision, with interest in the man-
ner set forth in the remedy section of this decision.
(d) Within 14 days after service by the Region, dupli-
cate and mail, at its own expense and after being signed
by the Respondent’s authorized representative, copies of
the attached notice marked “Appendix”1 to all employees
who were employed by the Respondent at its Kansas
City, Missouri facility at any time since January 1, 2017.
In addition to physical mailing of paper notices, notices
shall be distributed electronically, such as by email, post-
ing on an intranet or an internet site, and/or other elec-
tronic means, if the Respondent customarily communi-
cates with its employees by such means.
(e) Within 21 days after service by the Region, file
with the Regional Director for Region 14 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. January 25, 2018
______________________________________
Marvin E. Kaplan, Chairman
______________________________________
Lauren McFerran, Member

1 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Mailed by Order of the Na-
tional Labor Relations Board” shall read “Mailed Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
______________________________________
William J. Emanuel, 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 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 to bargain collectively and in good
faith with Teamsters Local Union No. 838, affiliated
with International Brotherhood of Teamsters (the Union),
as the exclusive collective-bargaining representative of
the unit employees by, without the Union’s consent, fail-
ing to continue in effect the terms and conditions of the
collective-bargaining agreement effective since January
7, 2015, by (1) failing to pay unit employees according to
the terms of the agreement; (2) deducting union dues
from unit employees’ paychecks in excess of the
amounts provided for in the agreement, and (3) failing to
remit, as provided for in the agreement, unit employees’
union dues and/or initiation fees that were properly de-
ducted from their paycheck. The unit is:
All full-time and regular part-time warehouse equip-
ment operators employed by the Respondent in the Re-
cycle Center at the Ford Kansas City Assembly Plant
located in Kansas City, Missouri.
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 make unit employees whole for unpaid wag-
es and excess deductions for union dues in the amounts
set forth in Attachment A to the Board’s decision, plus
interest accrued to the date of payment, and minus tax
withholding required by Federal and State laws.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
WE WILL compensate unit employees for the adverse
tax consequences, if any, of receiving lump-sum backpay
awards, and file with the Regional Director for Region
14, within 21 days of the date the amount of backpay is
fixed, either by agreement or Board order, a report allo-
cating the backpay award to the appropriate calendar
year.
WE WILL remit to the Union unit employees’ union
dues and/or initiation fees that were properly deducted
from their paychecks in the amount of $1158, as set forth
in Attachment A to this decision, with interest in the
manner set forth in the remedy section of this decision.
PREMIER ENVIRONMENTAL SOLUTIONS, LLC
The Board’s decision can be found at
http://www.nlrb.gov/case/14–CA–198879 or by using the
QR code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.
ATTACHMENT A
Unit Employee/
Charging Party
Union Dues
(Refund to Employees)
Union Dues
(Remit to Union)
Unpaid Wages
Teamsters Local Union No. 838 $1158
Armstrong, John $107 $500
Cady, Brent 107
James, Joseph 80 575
Luna, Brian 80
Mcquillen, Holden 107 401.75
Norman, Andrew 80 913.28
Short, Kevin 107 460
Stigall, Miles 107 650
Stone, Cody 107
Vanwinkle, Victor 80 502.04
Wilson, Darren 80
$1042 $1158 $4002.07