REFLECTIONS CLEANING SERVICES LLC, (2017)

Docket Number:18-CA-182827
 
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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.

Reflections Cleaning Services, LLC and Laborers International Union of North America (LIUNA), Local 563. Case 18–CA–182827

March 10, 2017

DECISION AND ORDER

BY ACTING CHAIRMAN MISCIMARRA AND MEMBERS PEARCE AND MCFERRAN

The General Counsel seeks a default judgment in this case on the ground that Reflections Cleaning Services, LLC (the Respondent) failed to file an answer to the complaint. Upon a charge and an amended charge filed by Laborers International Union of North America (LIUNA), Local 563 (the Union) on August 24, and September 27, 2016, respectively, the General Counsel issued a complaint on October 26, 2016, alleging that it has violated Section 8(a)(5) and (1) of the National Labor Relations Act. The Respondent failed to file an answer.

On December 6, 2016, the General Counsel filed with the National Labor Relations Board a Motion for Default Judgment. Thereafter, on December 8, 2016, 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 the 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 received by November 9, 2016, the Board may find, pursuant to a motion for default judgment, that the allegations in the complaint are true. Further, undisputed allegations in the General Counsel’s motion disclose that by letter dated November 16, 2016, counsel for the General Counsel notified the Respondent that unless an answer was received by November 28, 2016, a motion for default judgment would be filed. Nevertheless, the Respondent failed to file an answer.

In the absence of good cause being shown for the failure to file an answer, we deem the allegations of the complaint to be admitted as true, and we grant the General Counsel’s Motion for Default Judgment.

On the entire record, the Board makes the following

FINDINGS OF FACT

  1. JURISDICTION

    At all material times, the Respondent, a Minnesota limited liability company with an office and principal place of business in Minneapolis, Minnesota, has been engaged in the building and construction industry as a cleaning company.

    During the calendar year preceding issuance of the complaint, the Respondent, in conducting its business operations described above, provided services valued in excess of $50,000 directly to customers located outside the State of Minnesota.

    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...

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