Presidential Maintenance, LLC

National Labor Relations Board - Board Decisions

Aug 8, 2011

357 NLRB No. 42 (N.L.R.B. 2011)

357 NLRB No. 42
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.
Presidential Maintenance, LLC and Denise Booker
and David Dowdell. Cases 5–CA–36428 and 5–CA–
36429
August 9, 2011
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS BECKER
AND PEARCE
The Acting General Counsel seeks a default judgment
in this case on the ground that the Respondent has failed
to file an answer to the consolidated complaint. Upon
separate charges filed on February 9, 2011, by Denise
Booker and David Dowdell, respectively, the Acting
General Counsel issued the consolidated complaint on
April 19, 2011, against Presidential Maintenance, LLC
(the Respondent) alleging that it has violated Section 8(a)
(1) of the Act. The Respondent failed to file an answer.
On June 14, 2011, the Acting General Counsel filed a
Motion for Default Judgment with the Board. On June
16, 2011, 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. On July 21, 2011 the
Board issued a revised Notice to Show Cause. The Re-
spondent filed no response. The allegations in the mo-
tion 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 complaint affirmatively stated
that unless an answer was received by May 3, 2011, the
Board may find, pursuant to a motion for default judg-
ment, that the allegations in the complaint are true. Fur-
ther, the undisputed allegations in the Acting General
Counsel’s motion disclose that the Region, by a tele-
phone conversation on May 25, 2011, reiterated to the
Respondent the complaint allegations and requested a
response from the Respondent. When the Respondent
stated that it had not received the complaint, the Region
granted the Respondent an extension of time until June 8,
2011, to file an answer. By certified letter that same day
the Region repeated that unless the Respondent filed an
answer by June 8 a motion for default judgment would
be filed. A copy of the complaint was included with the
Region’s letter, which was sent by certified mail. The
United States Postal Service confirmed delivery on May
31, 2011. Despite its receipt of the complaint and the
extension of time, the Respondent failed to file an an-
swer.
In the absence of good cause being shown for the fail-
ure to file an answer, we grant the Acting General Coun-
sel’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, a Virginia cor-
poration with an office and place of business in Rich-
mond, Virginia, and a worksite at the Virginia Depart-
ment of Motor Vehicles facility located at 2300 West
Broad Street in Richmond, Virginia, the DMV facility,
has been engaged in the business of providing contracted
janitorial services.
During the 12-month period preceding issuance of the
complaint, a representative period, the Respondent, in
conducting its business operations described above, per-
formed services valued in excess of $50,000 to the
Commonwealth of Virginia, an entity which is directly
involved 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.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Luther R. Palmer has held the
position of the Respondent’s owner and sole supervisor
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 meaning of Section 2(13) of the
Act.
1. Since about August 23, 2010, employees circulated
a petition among themselves discussing and disputing
employees’ wages, hours, and working conditions.
2. On about August 27, 2010, the Respondent, by Lu-
ther R. Palmer, at the DMV facility in Richmond, Vir-
ginia:
(a) interrogated employees about their participation in
the employee petition described above;
(b) told employees he was mad at them for circulating
the petition described above;
(c) threatened employment by telling employees he
was going to discharge them for circulating the petition
described above; and
(d) told employee David Dowdell he was destroying
the company by circulating the petition described above.
3. On about August 27, 2010, after the discharge of
employee David Dowdell on that same date, the Respon-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
dent, by Luther R. Palmer, at a meeting with employees,
engaged in the following conduct:
(a) interrogated employees about why they signed the
petition described above;
(b) told employees he could fire them at any time; and
(c) threatened employees with job loss because they
engaged in protected, concerted activity regarding the
petition described above.
4. On about the dates indicated below, the Respon-
dent, by Luther R. Palmer, at the DMV facility in Rich-
mond, Virginia:
(a) at some point during the first week of September
2010, interrogated employees with regard to their par-
ticipation in the petition described above;
(b) on about October 13, 2010, told Charging Party
Booker she was being terminated for engaging in pro-
tected, concerted activity by signing the petition de-
scribed above.
5. On about August 27, 2010, the Respondent termi-
nated the employment of Charging Party Dowdell.
6. On about October 13, 2010, the Respondent termi-
nated the employment of Charging Party Booker.
7. The Respondent engaged in the conduct described
in paragraphs 5 and 6 above, because its employees De-
nise Booker and David Dowdell engaged in protected
concerted activities, and to discourage employees from
engaging in those activities, in violation of Section
8(a)(1) of the Act.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
interfered with, restrained, and coerced employees in the
exercise of the rights guaranteed in Section 7 of the Act,
in violation of Section 8(a)(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 has violated Section 8(a)(1) of
the Act by discharging employees David Dowdell and
Denise Booker because they engaged in protected con-
certed activities, we shall order the Respondent to offer
these employees full reinstatement to their former jobs,
or, if those jobs no longer exist, to substantially equiva-
lent or similar positions, without prejudice to their sen-
iority or other rights or privileges previously enjoyed,
and to make Booker and Dowdell whole for any loss of
earnings and other benefits suffered as a result of the
Respondent’s unlawful actions against them. 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),
compounded daily as prescribed in Kentucky River Medi-
cal Center, 356 NLRB No. 8 (2010). The Respondent
shall also be required to remove from its files any and all
references to the unlawful terminations of Booker and
Dowdell and to notify these employees in writing that
this has been done and that the terminations will not be
used against them in any way.
ORDER
The National Labor Relations Board orders that the
Respondent, Presidential Maintenance, LLC, Richmond,
Virginia, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Interrogating employees about their participation
in and their reasons for signing an employee petition
discussing and disputing employees’ wages, hours, and
working conditions.
(b) Telling employees that the Respondent was mad at
them for circulating the petition.
(c) Threatening employees with discharge because
they engaged in protected concerted activity regarding
the petition.
(d) Telling employees that they are destroying the
Company by circulating the petition.
(e) Telling employees that the Respondent could fire
them at any time.
(f) Threatening employees with job loss because
they engaged in protected, concerted activity regarding
the petition.
(g) Telling employees that they are being discharged
for engaging in protected concerted activity by signing
the petition.
(h) Discharging or otherwise discriminating against
employees because they engaged in concerted activities,
and to discourage employees from engaging in these or
other concerted activities.
(i) 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) Within 14 days from the date of this Order, offer
David Dowdell and Denise Booker reinstatement to their
former jobs, or, if those jobs no longer exist, to substan-
tially equivalent positions, without prejudice to their sen-
iority or any other rights or privileges previously en-
joyed.
(b) Make David Dowdell and Denise Booker whole
for any loss of earnings and other benefits suffered as a
PRESIDENTIAL MAINTENANCE, LLC 3
result of the discrimination against them, with interest, in
the manner set forth in the remedy section of this deci-
sion.
(c) Within 14 days from the date of this Order, re-
move from its files any references to the unlawful dis-
charges of employees David Dowdell and Denise
Booker, and within 3 days thereafter, notify these em-
ployees in writing that this has been done and that the
unlawful discharges will not be used against them in any
way.
(d) 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 re-
cords 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 backpay due under
the terms of this Order.
(e) Within 14 days after service by the Region, post at
its facility in Richmond, Virginia, copies of the attached
notice marked “Appendix”.1 Copies of the notice, on
forms provided by the Regional Director for Region 5,
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. In the event that, during the pend-
ency of these proceedings, the Respondent has gone out
of business or closed the facility involved in these pro-
ceedings, the Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by the Respondent
at any time since August 27, 2010.
(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-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. August 9, 2011

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.”
Wilma B. Liebman, Chairman
Craig Becker, Member
Mark Gaston Pearce, 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 interrogate employees about their par-
ticipation in and their reasons for signing an employee
petition discussing and disputing their wages, hours, and
working conditions.
WE WILL NOT tell employees we are mad at them for
circulating the petition.
WE WILL NOT threaten employees with discharge for
engaging in protected concerted activity regarding the
petition.
WE WILL NOT tell employees that they are destroying
the Company by circulating the petition.
WE WILL NOT tell employees that we could fire them at
any time.
WE WILL NOT threaten employees with job loss be-
cause they engaged in protected, concerted activity re-
garding the petition.
WE WILL NOT tell employees that they are being dis-
charged for engaging in protected concerted activity by
circulating the petition.
WE WILL NOT discharge or otherwise discriminate
against employees because they engaged in protected
concerted activities for the purpose of mutual aid and
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
protection and to discourage employees from engaging in
these and other concerted activities.
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, within 14 days from the date of the Board’s
Order, offer David Dowdell and Denise Booker full rein-
statement to their former jobs, or, if those jobs no longer
exist, to substantially equivalent positions, without
prejudice to their seniority or any other rights or privi-
leges previously enjoyed.
WE WILL make David Dowdell and Denise Booker
whole for any loss of earnings and other benefits suffered
as a result of our discrimination against them, with inter-
est.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any references to the
unlawful discharges of David Dowdell and Denise
Booker, and WE WILL, within 3 days thereafter, notify
Dowdell and Booker in writing that this has been done
and that the unlawful discharges will not be used against
them in any way.
PRESIDENTIAL MAINTENANCE, LLC