Allwork Mfg. Co.

National Labor Relations Board - Board Decisions

Feb 27, 1979

240 N.L.R.B. 974 (N.L.R.B. 1979)

974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Allwork Manufacturing Company and Rogelio Delga-
do. Case 20-CA-- 14090
February 27, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING ANI) MIMBI RS JENKINS
ANdI Pt.N1 l.t)
Upon a charge filed on September 13, 1978, by
Rogelio Delgado, and individual, herein called the
Charging Party, and duly served on Allwork Manu-
facturing Company, herein called Respondent, the
General Counsel of the National Labor Relations
Board, by the Regional Director for Region 20. is-
sued a complaint and notice of hearing on October
30, 1978, against Respondent, alleging that Respon-
dent had engaged in and was engaging in unfair la-
bor practices affecting commerce within the meaning
of Section 8(a)(3) and (I) and Section 2(6) and (7) of
the National Labor Relations Act, as amended. Cop-
ies of the charge, complaint, and notice of hearing
before an administrative law judge were duly served
on the parties to this proceeding.
With respect to the unfair labor practices. the com-
plaint alleges in substance that on or about June 29,
1978, Respondent, by its president, Don Siegerson.
altered Rogelio Delgado's job classification and re-
duced his wage rate. Respondent failed to file an an-
swer to the complaint.
On November 24, 1978, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment with exhibits attached. Subse-
quently, on December 7, 1978, the Board issued an
order transferring the proceeding to the Board and a
Notice To Show Cause why the General Counsel's
Motion for Summary Judgment should not be grant-
ed. Respondent did not file a response to the Notice
To Show Cause so the allegations of the Motion for
Summary Judgment stand uncontroverted.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board makes the following:
Ruling on the Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions, Series 8, as amended, provides as follows:
The respondent shall, within 10 days from the
service of the complaint, file an answer thereto.
The respondent shall specifically admit. deny, or
explain each of the facts alleged in the com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
240 NLRB No. 144
such statement operating as a denial. All allega-
tions in the complaint, if no answer is filed, or
any allegation in the complaint not specifically
denied or explained in an answer filed, unless
the respondent shall stae in the answer that he
is without knowledge, shall be deemed to be ad-
mitted to be true and shall be so found by the
Board, unless good cause to the contrary is
shown.
The complaint and notice of hearing, issued on
October 30, 1978, and duly served on Respondent,'
specifically stated that unless an answer to the com-
plaint is filed by Respondent within 10 days of ser-
vice thereof "all the allegations in the Complaint
shall be deemed to be admitted to be true and may
be so found by the Board." According to the record
herein, and the uncontroverted allegations of the
Motion for Summary Judgment, on November 14,
1978, counsel for the General Counsel by letter ad-
vised Respondent that an answer had not been re-
ceived, requested that an answer be filed promptly,
and advised that, in the event an answer was not
filed, he would recommend that summary judgment
be sought. No answer having been filed by Respon-
dent by November 22, 1978, on that date counsel for
the General Counsel issued the Motion for Summary
Judgment herein which was received by and filed
with the Board in Washington, D.C., on November
24, 1978. As noted above, Respondent did not file an
answer to the complaint, nor did it file a response to
the Notice To Show Cause. No good cause to the
contrary having been shown, in accordance with the
rules set forth above, the allegations of the complaint
are deemed to be admitted and are found to be true.
Accordingly, we grant the Motion for Summary
Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OiF FACT
1. ill BUSINESS Of RESPONDENI
Respondent is, and has been at all times material
herein, a California corporation, engaged in the man-
ufacture. repair, and sale of dies used in the produc-
tion of bumper jacks, scissor jacks, transmission sup-
ports, and various kinds of hinges, with a place of
business located at Benicia Industrial Park, Benicia,
California. During the past calendar year, Respon-
dent, in the course and conduct of its business opera-
I he (;eneral (Counsel states that Respondent .as sersed on October 30.
the exhibits subnlilted estahlish that Respondent receised the complaint
Iand ote of hearing on November 8.
ALLWORK MANUFACTURING COMPANY 975
tions, sold and shipped goods. materials, and sup-
plies valued in excess of $50,000 to customers, each
of which, during the same time period and in the
course and conduct of their nonretail business opera-
tions in California. purchased and received goods,
materials, and supplies valued in excess of $50,000
directly' from suppliers located outside the State of
California and/or sold and shipped goods. materials,
and supplies valued in excess of $50.000 directly to
customers located outside the State of California.
We find on the basis of the foregoing, that Re-
spondent is, and has been at all times material
herein, an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act. and that
it will effectuate the policies of the Act to assert juris-
diction herein.
11 I H I ABOR OR(;ANIZATION IN VOI XI)D
International Association of Machinists and Aero-
space Workers, AFL CIO. District Lodge 115, Local
Lodge 1518. is a labor organization within the mean-
ing of Section 2(5) of the Act.
11 I Ti- ('HAR(ilN(i PRTY
Rogelio Delgado is an employee within the mean-
ing of Section 2(3) of the Act.
IV. 1i11 l INFAIR ILABOR PRA('I('tS
On or about June 29, 1978, Respondent, by Don
Siegerson, president, altered Rogelio Delgado's job
classification and reduced his wage rate because of
his membership in, activities on behalf of, and sup-
port for the Union, and/or because he engaged in
other concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection.
Accordingly, we find that, by the aforesaid con-
duct, Respondent discriminated in regard to the
terms and conditions of employment of its employ-
ees, thereby discouraging membership in a labor or-
ganization and that, by the aforesaid conduct, Re-
spondent engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(3) and
(I) of the Act.
V. liti EFFECT( Ot 1111- t NIFAIR ABOR PRA( 'II('S PON
(OMMIR(C'-.
The activities of Respondent, set forth in section
IV, above, occurring in connection with its opera-
tions described in section 1, above, have a close, inti-
mate, and substantial relationship to trade, traffic,
and commerce among the several States and tend to
lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
I I i RI M])\
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(3) and (I) of the Act, we shall
order that it cease and desist therefrom. and that it
take certain affirmative action as set forth below de-
signed to effectuate the purposes and policies of the
Act.
Having found that Respondent violated Section
8(a)(3) and ( I ) of the Act by discriminatorilv altering
Rogelio Delgado's job classification and by reducing
his wage rate, we shall order Respondent to offer him
immediate and full reinstatement to his former posi-
tion or. if such position no longer exists, to a substan-
tially equivalent position, without prejudice to his se-
niority or other rights and privileges previously
enjoyed, and make him whole for any loss of earn-
ings he may have suffered by payment to him of
sums equal to the amount he normally would have
earned as wages from the date of the discriminator
alteration of his job classification and reduction in
his wage rate to the date of Respondent's offer of
reinstatement, less net earnings, in accordance with
the formula set forth in F. UI Woolworth Compatn.
90 NLRB 289 (1950), with interest as described in
Florida Steel Corporation 231 NLRB 651 (1977).2
The Board. upon the basis of the foregoing facts
and the entire record, makes the following:
CoN( .L SIONS oi: LAW
1. The Respondent, Allwork Manufacturing Com-
pany., is an employer engaged in commerce within
the meaning of Section 2(6) and (7) of the Act.
2. International Association of Machinists and
Aerospace Workers, AFL-CIO, District Lodge 115.
Local Lodge 1518, is a labor organization within the
meaning of Section 2(5) of the Act.
3. Rogelio Delgado is an employee within the
meaning of Section 2(3) of the Act.
4. By the acts described in section IV, above, Re-
spondent has interfered with, restrained, and coerced
employees in the exercise of the rights guaranteed
them in Section 7 of the Act, and discriminated in
regard to their hire or tenure of employment therebh
discouraging membership in a labor organization.
and thereby has engaged in and is engaging in unfair
labor practices within the meaning of Section 8(a)(3)
and (I) of the Act.
Sec. cIgonerII . 1 n /I ,,,'/unr ,< I i# 'l ,. IRS NI RH -it, %19f2)
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Allwork Manufacturing Company, Benicia, Califor-
nia, its officers, agents, successors, and assigns, shall:
I. Cease and desist from:
(a) Discouraging membership in International As-
sociation of Machinists and Aerospace Workers,
AFL-CIO, District Lodge 115, Local Lodge 1518, by
discriminatorily altering the job classifications and
wage rates of employees, or by otherwise discriminat-
ing in regard to hire or tenure of employment or any
term and condition of employment.
(b) In any other manner interfering with, restrain-
ing, or coercing employees in the exercise of their
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Offer immediate and full reinstatement and
wage rate to Rogelio Delgado to his former job or. if
that position no longer exists, to a substantially
equivalent position, without prejudice to his seniority
or other rights and privileges previously enjoyed, and
make him whole for any loss of earnings in the man-
ner set forth in the section herein entitled "The Rem-
edy."
(b) Preserve and, upon request, make available to
the Board or its agents, for examination and copying,
all payroll records, social security payment records,
timecards, personnel records and reports, and all
other records necessary to analyze the amount of
backpay due under the terms of this Order.
(c) Post at its Benicia, California, place of business
copies of the attached notice marked "Appendix."
Copies of said notice, on forms provided by the Re-
gional Director for Region 20. after being duly
signed by Respondent's representative, shall be post-
ed by Respondent immediately upon receipt thereof,
and be maintained by it for 60 consecutive days
thereafter, in conspicuous places, including all places
where notices to employees are customarily posted.
Reasonable steps shall be taken by Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
(d) Notify the Regional Director for Region 20, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply here-
with.
In the esent that this Order is enforced by a judgment of a United States
(ourt of Appeals, the words in the notice reading "Posted by Order of the
National Labor Relations Board" shall read "Posted Pursuant to a Judg-
nmenl of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board"
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NArIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOI discourage membership in Inter-
national Association of Machinists and Aero-
space Workers, AFL-CIO, District Lodge 115,
Local Lodge 1518, or any other labor organiza-
tion, by discriminatorily altering the job classifi-
cations and reducing the wage rates of employ-
ees, or by otherwise discriminating in regard to
hire or tenure of employment or any term or
condition of employment.
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the
exercise of their rights guaranteed them by Sec-
tion 7 of the Act.
WE WILL offer Rogelio Delgado immediate
and full reinstatement to his former position or,
if that position no longer exists, to a substantial-
ly equivalent position, without prejudice to his
seniority or other rights and privileges previous-
ly enjoyed, and WE WII.L make him whole for any
loss of pay suffered as a result of being discrimi-
natorily reclassified, with interest.
ALLWORK MANUFACTURING COMPANY