Advanced Fire Technology, LLC, No. 74 (2005)

Advanced Fire Technology, LLC and Road Sprinkler Fitters UA Local No. 669, a/w United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL–CIO. Case 7–CA–48266

May 9, 2005

DECISION AND ORDER

By Chairman battista and Members Liebman and Schaumber

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. Upon a charge filed by the Union on January 24, 2005, the General Counsel issued the complaint on February 4, 2005, against Advanced Fire Technology, LLC, the Respondent, alleging that it has violated Section 8(a)(1) and (5) of the Act. The Respondent failed to file an answer.

On March 15, 2005, the General Counsel filed a Motion for Default Judgment with the Board. On March 17, 2005, the Board issued 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 allegations 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. In addition, the complaint affirmatively stated that unless an answer was filed by February 18, 2005, all the allegations in the complaint could be considered admitted.

In the absence of good cause being shown for the failure to file a timely answer, 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, a corporation with an office and place of business located at 2582 Ramblewood Drive, Kalamazoo, Michigan, has been a construction contractor engaged in the installation, maintenance, and repair of fire protection systems.Â

During calendar year 2004, the Respondent purchased and received at its facility and at construction sites in the State of Michigan materials and supplies valued in excess of $50,000 directly from suppliers located outside the State of Michigan.

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 Road Sprinkler Fitters UA Local No. 669, a/w United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL–CIO, is a labor organization within the meaning of Section 2(5) of the Act.

ii. alleged unfair labor practices

At all material times, John Phillips has been the RespondentÂ’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 meaning of Section 2(13) of the Act.

The following employees of the Respondent (the unit) constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9(b) of the Act:

All full-time and regular part-time employees engaged in the installation, maintenance, and/or repair of automatic fire protection systems employed out of the RespondentÂ’s place of business located at 2582 Ramblewood Drive, Kalamazoo, Michigan; but excluding all office clerical employees, designers, delivery personnel, casual employees, and guards, professional employees and supervisors as defined in the Act.Â

On November 19, 2004, in Case 7–RC–22462, a majority of the unit designated and selected the Union as their exclusive representative for the purpose of...