Hogan CP, Inc., (2022)

• Date: 13 April 2022

371 NLRB No. 89

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.

Hogan CP, Inc.and Painters District Council No. 14.

Case 13–CA–281569

April 13, 2022

DECISION AND ORDER

BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN

AND WILCOX

The General Counsel seeks a default judgment in this

case on the ground that Hogan CP, Inc. (the Respondent)

has failed to file an answer to the complaint. Upon a

charge filed by Painters’ District Council No. 14 (the

Charging Party or the Union), on August 18, 2021, the

General Counsel issued a complaint and notice of hear-

ing on December 28, 2021, against the Respondent, al-

leging that it has violated Section 8(a)(5) and (1) of the

Act. The Respondent failed to file an answer.

On February 23, 2022, the General Counsel filed with

the National Labor Relations Board a Motion to Transfer

Proceedings to the Board and Motion for Default Judg-

ment. Thereafter, on February 25, 2022, the Board is-

sued an order transferring the proceeding to the Board

and aNotice to Show Cause why the motion should not

be granted. The Respondent filed no response. The alle-

gations 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 affi rmatively stated

that unless an answer was received by January 11, 2022,

the Board may find, pursuant to a motion for default

judgment, that the allegations in the complaint are true.

Further, the undisputed allegations in the General Coun-

sel’s motion disclose that the Region, by letter dated Feb-

ruary 11, 2022, advised the Respondent that unless an

answer was received by February 18, 2022, 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 in 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

FINDINGS OF FACT

I. JURISDICTION

At all material times, the Respondent, an Illinois cor-

poration with an office and place of business in Elk

Grove Village, Illinois (the Respondent’s facility), has

been engaged in commercial painting services.

During the calendar year ending December 31, 2020,

the Respondent performed services valued in excess of

$50,000 for various enterprises located in States other

than the State of Illinois and for McDonald’s Corp. and

Jersey Mike’s, enterprises within the State of Illinois

directly engaged 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 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, Farah Hogan held the position

of the Respondent’s Owner and President and has been a

supervisor of the Respondent within the meaning of Sec-

tion 2(11) of the Act and an agent of the Respondent

within the meaning of Section 2(13) of the Act.

2. The following employees of the Respondent (the

unit)constitute a unit appropriate for the purposes of

collective bargaining within the meaning of Section 9(b)

of the Act:

All journeyman, apprentice and painters, decorators,

paperhangers, drywall tapers and applicators using

tools of the trade to apply or remove materials used for

or preparatory to decorating or protecting surfaces, who

are employed to do such work by the present and future

Employer members of the Association in that area of

Chicago, Cook, Lake, Will and Grundy Counties, Illi-

nois, and whatever additional jurisdiction may be

awarded the Union, and such other work over which

the Union may hereafter acquire jurisdiction; but ex-

cluding all guards, supervisors, and managers.

3. At all material times, the Respondent has recog-

nized the Union as the exclusive collective-bargaining

representative of the unit. This recognition has been em-

bodied in successive collective-bargaining agreements,

the most recent of which is effective from June 1, 2021,

through May 31, 2024.

4. At all material times, based on Section 9(a) of the

Act, the Union has been the exclusive collective-

bargaining representative of the Unit.

5. Since April 27, 2021, the Union has requested in

writing that the Respondent furnish the Union with the

information requested in Attachment Aof the complaint.