ECS Roofing Professionals, Inc., (2023)

• Date: 08 November 2023

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

13–CA–301694

November 8, 2023

DECISION AND ORDER

BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN

AND PROUTY

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

I. JURISDICTION

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-

ion:

(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

representatives.

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