🗞️ Board Orders Delaware Contractor to Hand Over Records After It Stopped Answering the Union
The NLRB granted default judgment against Everyone Can Achieve Corp. after the Delaware traffic control firm missed the terms of a 2024 settlement, ordering it to give Local 199 the payroll and job data the union sought and to post a notice to workers.
The National Labor Relations Board has ruled against Everyone Can Achieve Corporation, a Wilmington, Delaware based flagging, traffic control and construction consulting firm, after it failed to live up to a settlement it signed with Local 199 of the Laborers International Union of North America. The dispute traces back to March and May of 2024, when the union asked the company for detailed records on highway construction jobs, including where employees were assigned, their wage rates and benefit contributions, and whether workers had come through the union hiring hall. The company entered an informal settlement in October 2024 promising to turn the material over, post a notice to employees and confirm compliance with the agency's Region 04 office. When it did not follow through, even after a formal warning and extended deadlines, the Regional Director issued a complaint invoking the settlement's default provision, a standard NLRB mechanism under which a company that breaks a settlement is treated as having admitted the underlying allegations. Because Everyone Can Achieve did not respond to the Board's subsequent notice to show cause, the three member panel found the allegations undisputed and entered judgment without a hearing.
The Board concluded the company violated Section 8(a)(5) and (1) of the National Labor Relations Act, which requires employers to bargain in good faith and to supply information a union reasonably needs to represent workers, a duty the Supreme Court has recognized in cases such as Detroit Edison Co. v. NLRB. The order directs the company to furnish the outstanding records, post an employee notice for 60 days at its Wilmington facility, and certify its compliance to the Regional Director within three weeks.
Key Points
- The Board granted a default judgment, meaning the case was resolved on the paperwork alone, without a trial, because the company did not contest the allegations or respond to the show cause notice.
- Local 199 first requested job assignment, payroll and hiring hall referral data in March 2024, then broadened the request in May 2024 to cover a longer period and private jobs.
- Everyone Can Achieve signed a settlement in October 2024 agreeing to provide the information, but missed deadlines even after a February 2025 warning letter from the Regional Director.
- The Board found the company violated Section 8(a)(5) and (1) of the National Labor Relations Act by failing and unreasonably delaying in furnishing information relevant to the union's bargaining duties.
- The order requires the company to turn over the remaining records, post a notice to employees for 60 consecutive days, and certify compliance within 21 days.
- The decision was issued July 24, 2026 by Chairman James R. Murphy and Members David M. Prouty and Scott A. Mayer.
Primary Source Author: National Labor Relations Board, Chairman James R. Murphy and Members David M. Prouty and Scott A. Mayer
Primary Source: Everyone Can Achieve Corporation and Local 199, Laborers International Union of North America, AFL CIO, 375 NLRB No. 9, Cases 04 CA 338985 and 04 CA 344415 (July 24, 2026)
Primary Source Link: https://www.nlrb.gov/case/04-CA-338985
