372 NLRB No. 154
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.
ECS Roofing Professionals, Inc. and Laborers Inter-
national Union of North America, Local 1. Case
November 8, 2023
DECISION AND ORDER
BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN
The General Counsel seeks a default judgment in this
case on the ground that ECS Roofing Professionals, Inc.
(the Respondent) has failed to file an answer to the com-
plaint. Upon a charge filed by Laborers International
Union of North America, Local 1 (the Union), on August
18, 2022, the General Counsel issued a complaint and
notice of hearing on July 28, 2023,1against the Respond-
ent, alleging that it has violated Section 8(a)(1) of the
Act. The Respondent failed to file an answer.
On September 6, 2023, the General Counsel filed with
the National Labor Relations Board a Motion for Default
Judgment. On September 11, 2023, the Board issued an
order transferring the proceeding to the Board and a No-
tice to Show Cause why the motion should not be grant-
ed. The Respondent filed no response. The allegations
in the motion 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 states
that unless an answer is received on or before August 11,
2023, the Board may find, pursuant to a motion for de-
fault judgment, that the allegations in the complaint are
true. Further, the undisputed allegations in the General
Counsel’s motion disclose that the Region, by letter dat-
ed August 25, 2023, advised the Respondent that unless
an answer was received by August 31, 2023, a motion for
default judgment would be filed. Nevertheless, the Re-
spondent failed to file an answer.
In the absence of good cause being shown for the fail-
ure to file an answer, we deem the allegations of the
complaint to be admitted as true, and we grant the Gen-
eral Counsel’s Motion for Default Judgment.
On the entire record, the Board makes the following
1 The General Counsel’s Motion for Default Judgment, at fn. 1, in-
advertently states that the correct date for service of the complaint was
July 23, 2023, rather than the correct date of July 28, 2023.
FINDINGS OF FACT
At all material times, the Respondent has been a cor-
poration with an office and place of business in
Waukegan, Illinois, and has been engaged in the business
of providing roofing services.
During the 12-month period preceding issuance of the
complaint (a representative period), the Respondent, in
conducting its business operations described above, pur-
chased and received at its facility goods valued in excess
of $50,000 directly from points located outside of the
State of Illinois.
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
1. At all material times, Josh Herion has held the posi-
tion of the Respondent’s president and has been a super-
visor of the Respondent within the meaning of Section
2(11) of the Act and/or an agent of the Respondent with-
in the meaning of Section 2(13) of the Act.
2. About July 26, 27, August 18 and 19, 2022, Union
Representatives Rogelio Dominguez and Paul Fosco en-
gaged in union and concerted activities for mutual aid or
protection by engaging in a demonstration on a public
parkway near the Respondent’s facility over Total Pav-
ing Company’s failure to pay area standard wages.
3. About July 26 and 27, 2022, the Respondent, by an
agent, interfered with the union representatives’ demon-
stration by setting out boulders and dug-up trees on a
public parkway near the Respondent’s facility.
4. About July 26, 2022, the Respondent, by Josh Her-
(a) In a telephone conversation, threatened to make
the union representatives’ lives miserable if they demon-
strated near the Respondent’s facility;
(b) On a public parkway near the Respondent’s facili-
ty, interfered with the union representatives’ demonstra-
tion by telling them to move and falsely stating that they
were on private property;
(c) On a public parkway near the Respondent’s facili-
ty, threatened to call the police and fire departments on
demonstrating union representatives; and
(d) Called the fire department on demonstrating union
5. About July 27, 2022, the Respondent, by Josh Her-
ion, on a public parkway near the Respondent’s facility:
(a) Surveilled the union representatives’ demonstra-
tion by taking pictures of them; and
(b) Interfered with the union representatives’ demon-
stration by telling them “why don’t you leave”and that
“this isn’t the place for you.”
6. About July or August 2022, the Respondent inter-
fered with the union representatives’ demonstration by