Associated Trades and Crafts National Union

National Labor Relations Board - Board Decisions

Mar 1, 1979

240 N.L.R.B. 1100 (N.L.R.B. 1979)

I100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Associated Trades and Crafts National Union (Indus-
trial Elastomers, Inc.) and Keith Early. Case 6-CB-
4460
March 1, 1979
DECISION AND ORDER
BY MEMBERS JENKINS, MURPHY, AND TRUESDALE
Upon a charge filed on July 26, 1978, by Keith
Early, an individual, and duly served on Associated
Trades and Crafts National Union, herein called the
Respondent, the General Counsel of the National
Labor Relations Board, by the Regional Director for
Region 6, issued a complaint and notice of hearing
on September 14, 1978, against Respondent, alleging
that Respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the
meaning of Section 8(b)(1)(A) and Section 2(6) and
(7) of the National Labor Relations Act, as amended.
Copies of the charge, complaint, and notice of hear-
ing before an Administrative Law Judge were duly
served on the parties to this proceeding. Respondent
failed to file an answer to the complaint.
On December 8, 1978, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on December 15,
1978, the Board issued an order transferring the pro-
ceeding to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent did
not file a response to the Notice To Show Cause and
therefore 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 has delegated its au-
thority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Respondent filed neither an answer to the com-
plaint nor a response to the Notice To Show Cause.
Section 102.20 of the Board's Rules and Regulations
provides:
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,
such statement operating as a denial. All allega-
240 NLRB No. 126
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 state 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 served on Re-
spondent specifically stated that unless an answer to
the complaint was filed within 10 days of service
thereof "all of 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 uncontrovert-
ed allegations of the Motion for Summary Judgment,
counsel for the General Counsel on October 31,
1978, by certified mail, notified Respondent that un-
less Respondent filed an answer to the complaint by
November 14, 1978, counsel for the General Counsel
would file a Motion for Summary Judgment. As not-
ed, no answer had been filed as of the date of filing
of the Motion for Summary Judgment. Respondent
has not filed any response to the Notice To Show
Cause.
No good cause for failure to file an answer having
been shown, in accordance with the rule set forth
above, the allegations of the complaint are deemed to
be admitted. Accordingly, we find as true all the alle-
gations of the complaint and we shall grant the Mo-
tion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I THE LABOR ORGANIZATION INVOLVED
Respondent Associated Trades and Crafts Na-
tional Union is now, and has been at all times mate-
rial herein, a labor organization within the meaning
of Section 2(5) of the Act. At all times material
herein, Albert Meranto, business agent, and Phillip
Williams, president, were, and are, agents of Respon-
dent acting on its behalf, and are agents within the
meaning of Section 2(13) of the Act.
II TE BLSINEss OF IE EMPLOYER INVOLVED
Industrial Elastomers, Inc., herein called the Em-
ployer. is a Pennsylvania corporation with its princi-
pal offices located in Monaca, Pennsylvania, where it
is engaged in the business of installing rubber linings
in tanks. During the 12-month period immediatedly
preceding the issuance of the complaint, the Em-
ployer received goods and materials valued in excess
ASSOCIATED TRADES AND CRAFTS NATIONAL UNION I101
of $50,000 directly from points outside the Common-
wealth of Pennsylvania for use at its Monaca, Penn-
sylvania, facility. The Employer is now, 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.
III. CONTRACTIAI. RILATIONSIIP
Respondent and the Employer have been parties
to successive collective-bargaining agreements. the
most recent of which was effective from December I,
1977, through November 30, 1978, inclusive. Pur-
suant to the most recent collective-bargaining agree-
ment a vacation fund was established and main-
tained by Respondent for the benefit of employees.
funded in part by the Employer and in part by em-
ployees.
IV. THE UNFAIR LABOR PRACTICES
Respondent, by its officers, agents, and respresen-
tatives, has restrained and coerced and is restraining
and coercing the employees in the exercise of the
rights guaranteed in Section 7 of the Act by the fol-
lowing acts and conduct:
I. Since on or about July 26, 1978, and continuing
to date, Respondent, acting through Williams, has
withheld payment of vacation benefits from employ-
ees because they filed charges and/or a decertifica-
tion petition under the Act.
2. On or about July 26, 1978, Respondent, acting
through Meranto, informed an employee, by tele-
phone, that he and other employees were being fined
because they filed charges and/or a decertification
petition under the Act.
Accordingly, we find that by the aforesaid conduct
Respondent has restrained and coerced and is re-
straining and coercing employees in the exercise of
their rights guaranteed in Section 7 of the Act, and
thereby has engaged in unfair labor practices within
the meaning of Section 8(b)(I)(A) of the Act.
V. THE EFFECT OF THE UNFAIR ILABOR PRACTI(CES PON
COMMFRCF
The activities of Respondent set forth in section
IV, above, occurring in connection with the opera-
tions of the Employer, and the facts described in sec-
tions II and III, above, respectively, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and tend
to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
VI THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(b)(1)(A) 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 unlawfully with-
held payment of vacation benefits from employees of
Industrial Elastomers. Inc., and fined them because
they exercised their rights under Section 7 of the Act.
we shall order that Respondent grant the payment of
such vacation benefits to said employees, with inter-
est thereon to be computed in the manner set forth in
Florida Steel Corporation, 231 NLRB 651 (1977),' res-
cind the fines imposed on these employees, inform
each employee by written communication of such re-
scission and, in the event these employees paid the
fines, reimburse them with interest thereon to be
computed in the manner set forth above. Finally, Re-
spondent shall be required to post an appropriate no-
tice.
The Board. upon the basis of the foregoing facts
and the entire record, makes the following:
CON('.L SIONS OF LAW
1. Industrial Elastomers. Inc., is an employer en-
gaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Respondent, Associated Trades and Crafts Na-
tional Union, is now, and has been at all times mate-
rial herein, a labor organization within the meaning
of Section 2(5) of the Act.
3. At all times material herein, Respondent and
the Employer have been parties to successive collec-
tive-bargaining agreements, pursuant to the most re-
cent of which a vacation fund has been established
and maintained by Respondent for the benefit of em-
ployees, funded in part by the Employer and in part
by the employees.
4. By the acts described in section IV, above, Re-
spondent has restrained and coerced and is restrain-
ing and coercing employees in the exercise of the
rights guaranteed to them in Section 7 of the Act,
and thereby has engaged in and is engaging in unfair
labor practices within the meaning of Section
8(b)(l)(A) of the Act.
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.
ISee. generally. Iis Plumiing & Helng (Co, 138 NLRB 716 (1962)
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, As-
sociated Trades and Crafts National Union, Youngs-
town, Ohio, its officers, agents, and representatives.
shall:
1. Cease and desist from:
(a) Withholding payment of vacation benefits
from employees of Industrial Elastomers. Inc.. be-
cause they file charges and/,or decertification peti-
tions under the Act.
(b) Fining its members because they file charges
and/or decertification petitions under the Act.
(c) In any like or related manner restraining or
coercing employees in the exercise of their rights
guaranteed by Section 7 of the Act.
2. Take the following affirmative action necessary
to effectuate the policies of the Act:
(a) Grant the payment of vacation benefits that
were withheld from the employees of Industrial Elas-
tomers, Inc., in the manner described in the "Rem-
edy" section of this Decision.
(b) Rescind the fines imposed on employees of In-
dustrial Elastomers, Inc., and notify each of them by
written communication of such rescission and, in the
event they paid the fines, reimburse them with inter-
est thereon in the manner described in the "Remedy"
section of this Decision.
(c) Post at its business office and meeting halls
copies of the attached notice marked "Appendix." 2
Copies of said notice, on forms provided by the Re-
gional Director for Region 6. after being duly signed
by Respondent's representative, shall be posted by
Respondent immediately upon receipt thereof, and
be maintained by it for 60 consecutive days thereaf-
ter, in conspicuous places, including all places where
notices to members are customarily posted. Reason-
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or covered
by any other material.
(d) Deliver to the Board's Regional Director for
Region 6 copies of the aforesaid notice, in sufficient
numbers for posting by Industrial Elastomers, Inc., if
said Employer is willing, at its Monaca, Pennsylva-
nia, facility, where notices to employees are custom-
arily posted.
(e) Notify the Regional Director for Region 6, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply here-
with.
Ill Ihc .etnl tlal thi h Order is enforced h ajudgment of a ited States
Court of Appeal. the words in the notice reading "Posted h Order of he
N.llwinall Labor Relatinll Board''" shall read 'Toted Pursuant to a Judg-
.len, of the 'llited States (Cl trl of ppeals rEnforcing an Order of the
Naltloll I ahour Relation, Board"
APPENDIX
Noi( t To MEMN1BIRS
PosII.t) B ORDER ()I Illt
N ,\ I ION Al LABOR RA IONS BOARD
An Agency of the United States Government
WI wl.l. sol withhold payment of vacation
benefits from employees of Industrial Elastom-
ers, Inc., because they file charges or decertifica-
tion petitions under the National Labor Rela-
tions Act.
WL wlll. Noi fine our members because they
file charges or decertification petitions.
Wi- wii.i NOV in any like or related manner
restrain or coerce employees in the exercise of
their rights guaranteed under Section 7 of the
Act.
Wt[ WII. grant the payment of such vacation
benefits to said employees, with interest thereon.
WF- wit.l rescind all fines assessed against em-
ployees of Industrial Elastomers. Inc., because
they filed charges and/or a decertification peti-
tion, which fines were found unlawful by the
National Labor Relations Board, and WE IL.
notify said employees of such rescission and, in
the event they paid said fines, reimburse them
with interest thereon.
Asso( IA I El) RA)ES ANI) CRA IS NA IONAI.
UNION