Long Island Reelty Group of L.I. Inc., Inc., and its alter ego and successor 15-35 Hempstead Propert, (2011)

Docket Number:29-CA-026436
 
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NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive 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.

Long Island Reelty Group of L.I., Inc. and its alterego and successor 15201335 Hempstead Properties, LLC d/b/a Hemptsead Properties, LLC and Hempstead Properties, LIC; and their alter egos 15201335 Elk Street, L.I.C. Corp.; Jackson Street, Inc.; Jackson 299 Hempstead, LLC; and Steven Kates and Angelina Miller Kates and Local 808, International Brotherhood of Teamsters. Cases 292013CA201326436 and 292013CA201326555

June 23, 2011

SUPPLEMENTAL DECISION AND ORDER

BY CHAIRMAN LIEBMAN AND MEMBERS BECKER AND PEARCE

The General Counsel seeks a default judgment in this case on the ground that the Respondents have failed to file an answer to the compliance specification.

On March 18, 2005, the Board issued an Order1 that, among other things, ordered the Respondent Long Island Reelty Group of L.I., Inc. (Reelty) to make whole employees Angel Bonilla and Jose Cortorreal for any loss of earnings and other benefits, with interest, suffered as a result of their unlawful discharges in violation of Section 8(a)(3) and (1) of the Act. On April 17, 2006, the United States Court of Appeals for the Second Circuit entered its judgment enforcing in full the Board2019s Order.2

A controversy having arisen over the amount of backpay due the discriminatees, on November 18, 2009, the Regional Director for Region 29 issued a compliance specification and notice of hearing alleging the amount of backpay due under the Board2019s Order. Although not parties to the original unfair labor practice litigation, Respondents 1520135 Hempstead Properties, LLC d/b/a Hempstead Properties, LLC, and Hempstead Properties, LIC (Hempstead); 15201335 Elk Street, L.I.C. Corp. (Elk Street); Jackson Street, Inc. (Jackson); and Jackson 299 Hempstead, LLC (Jackson 299); were added to the compliance specification and were alleged to have derivative liability for Reelty2019s unfair labor practices because these entities constitute a single integrated enterprise and a single employer within the meaning of the Act. In addition, Respondents Steven Kates a/k/a Steven Cates (Kates) and Angelina Miller Kates (Miller Kates) were added to the

1 Unpublished Order, adopting, in the absence of exceptions, the decision of Administrative Law Judge D. Barry Morris issued on January 6, 2005 (JD(NY)2013 01201305).

2 No. 0620130556.

compliance specification as alter egos of Respondents Hempstead, Elk Street, Jackson, and Jackson 299.

The compliance specification set forth the following allegations.

The Respondents2019 businesses: The Board2019s Order, as enforced by the Court of Appeals, found, inter alia, that Respondent Reelty is a New York corporation which owned and operated residential apartment buildings. At all material times, Respondent Reelty maintained its principal office and place of business at 70 Broadway, Hicksville, New York.

At all material times, 15201335 Hempstead Properties, LLC d/b/a Hempstead Properties, LLC and Hempstead Properties, LIC (Hempstead) was engaged in the business of owning and operating a residential apartment building. At all material times, Respondent Hempstead maintained its principal office and place of business at 160 Central Park South, New York, New York.

At all material times, 15201335 Elk Street, L.I.C. Corp. (Elk Street) was engaged in the business of owning and operating a residential apartment building. At all material times, Respondent Elk Street maintained its principal office and place of business at 11 White Birch Road, Syosset, New York.

At all material times, Jackson Street, Inc., (Jackson) was engaged in the business of owning and operating a residential apartment building. At all material times, Respondent Jackson maintained its principal office and place of business at 11 White Birch Road, Syosset, New York.

At all material times, Jackson 299 Hempstead, LLC (Jackson 299) was engaged in the business of owning and operating a residential apartment building....

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