Cavert Wire, Inc.

National Labor Relations Board - Board DecisionsMay 9, 1977

229 N.L.R.B. 526 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Cavert Wire, Inc. and United Steelworkers of America AFL-CIO-CLC. Case 6-CA-9730 May 9, 1977 DECISION AND ORDER BY MEMBERS JENKINS, PENELLO, AND WALTHER Upon a charge filed on November 9, 1976, by United Steelworkers of America, AFL-CIO-CLC, herein called the Union, and duly served on Cavert Wire, Inc., 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 January 21, 1977, against Respondent, alleging that Respondent has engaged in, and was engaging in, unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before an Administrative Law Judge were duly served on the parties to this proceeding. Respondent failed to file an answer to the complaint. On February 23, 1977, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. The Board subsequently 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 granted. Respondent failed to 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 National Labor Relations Board has delegated its authority 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 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 complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. All allegations 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 229 NLRB No. 90 respondent shall state in the answer that he is without knowledge, shall be deemed to be admitted 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 January 21, 1977, and served on the Respondent specifically states that unless an answer to the complaint is filed by the Respondent within 10 days of service thereof "all of the allegations in the Complaint shall be deemed to be admitted by it to be true and may be so found by the Board." Further, according to the uncontroverted allegations of the Motion for Summary Judgment, on February 16, 1977, counsel for the General Counsel mailed to Respondent by registered mail a letter confirming a telephone call of the previous day, notifying it of its failure to file an answer, requesting that Respondent file an answer and advising that unless an answer were filed by February 22, 1977, counsel for the General Counsel would move for summary judg- ment. No reply had been received by the date of this motion. Accordingly, under the rule set forth above, no good cause having been shown for failure to file an answer, the allegations of the complaint are deemed admitted and are found to be true, and we shall grant the Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Respondent, a Pennsylvania corporation with offices in Pittsburgh, Pennsylvania is engaged in the manufacture and nonretail sale of wire products. During the past year, it received goods and materials valued in excess of $50,000 for use at its Pittsburgh, Pennsylvania, facility, shipped directly from points outside the Commonwealth of Pennsylvania. We find, on the basis of the foregoing, that Respondent is 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 jurisdiction herein. II. THE LABOR ORGANIZATION INVOLVED United Steelworkers of America, AFL-CIO-CLC, is a labor organization within the meaning of Section 2(5) of the Act. 526 CAVERT WIRE, INC. III. THE UNFAIR LABOR PRACTICES A. The Unit and the Union's Representative Status At all times material herein the Union has been the recognized and contractual exclusive bargaining representative of Respondent's employees in the following appropriate unit: All production and maintenance employees em- ployed by Respondent at its Steel City Products Division, excluding office clerical employees, truckdrivers, chauffeurs, and guards, professional employees and supervisors as defined in the Act. B. The Request and Refusal To Bargain Respondent and the Union were parties to a collective-bargaining agreement, covering the wages, hours, and working conditions of the unit employees, which expired June 30, 1976, by which date the parties had reached agreement on the terms of a new contract. Since on or about August 1, 1976, and continuing until on or about December 27, 1976, Respondent failed and refused to execute a contract embodying the terms of the new agreement, and since on or about August 1, 1976, Respondent has failed and refused to put into effect the terms of the aforesaid new agreement although requested to do so by the Union. By the aforesaid conduct Respondent, since August 1, 1976, has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (I) of the Act.' IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with its opera- tions described in section I, above, have a close, intimate, 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 com- merce. V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act, by refusing on August 1, 1976, to execute and put into effect the agreement reached with the Union on June 30, 1976, we shall order that it cease and desist therefrom, and, upon request, execute the collective- ' San Joaquin Convalescent Hospital, Inc., d/b/a Tracy Convalescent Hospital, 226 NLRB 1016(1976). bargaining agreement as of August 1, 1976, and give retroactive effect to the agreement from the August 1, 1976, effective date and make employees whole for any losses, if any, they may have suffered as a result of the failure to execute the agreement plus interest at 6 percent per annum as prescribed in Isis Plumbing & Heating Co., 138 NLRB 716 (1962). The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW I. Cavert Wire, Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. United Steelworkers of America, AFL-CIO- CLC, is a labor organization within the meaning of Section 2(5) of the Act. 3. All production and maintenance employees employed by Respondent, at its Steel City Products Division, excluding office clerical employees, truck- drivers, chauffeurs, and guards, professional employ- ees and supervisors as defined in the Act, constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9(b) of the Act. 4. At all times material herein and continuing to date, Respondent has been, and is now, the exclusive bargaining representative of all employees in the aforesaid appropriate unit for the purposes of collective bargaining within the meaning of Section 9(a) of the Act. 5. By refusing since on or about August 1, 1976, until about December 27, 1976, to execute the collective-bargaining agreement reached with the Union on or about June 30, 1976, covering employ- ees in the aforesaid appropriate unit and by refusing since August 1, 1976, to put into effect the terms of the agreement, Respondent has engaged in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act. 6. By the aforesaid conduct described in para- graph 5, above, Respondent has interfered with, restrained, and coerced and is interfering with, restraining, and coercing its employees in the exercise of rights guaranteed in Section 7 of the Act, and thereby has engaged in, and is engaging in, unfair labor practices within the meaning 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 Relations Board hereby orders that the Respondent, 527 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Cavert Wire, Inc., Pittsburgh, Pennsylvania, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Failing and refusing to execute and give effect to the collective-bargaining agreement covering the wages, hours, and working conditions of the unit employees, on which it reached agreement on June 30, 1976, and which it refused to execute and put into effect on August 1, 1976, with United Steelworkers of America, AFL-CIO-CLC, as the exclusive bargain- ing representative of its employees in the following appropriate unit: All production and maintenance employees em- ployed by Respondent at its Steel City Products Division, excluding office clerical employees, truckdrivers, chauffeurs, and guards, professional employees and supervisors as defined in the Act. (b) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of their rights guaranteed in Section 7 of the National Labor Relations Act, as amended. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Upon request, execute, deliver, and give effect to the collective-bargaining agreement described in paragraph l(a) and give retroactive effect to it from the August 1, 1976, effective date and make employ- ees whole for any losses suffered as a result of the failure to execute the said collective-bargaining agreement or make it effective in the manner set forth in the section of this Decision entitled "The Remedy." (b) Post at its Pittsburgh, Pennsylvania, facility copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional 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 thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respon- dent to insure that said notices are not altered, defaced, or covered by any other material. (c) 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. 2 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment 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 NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT fail and refuse to execute and give effect to the collective-bargaining agreement covering the wages, hours, and working condi- tions of the unit employees, on which we reached agreement on June 30, 1976, and which we refused to execute and put into effect on August 1, 1976, with United Steelworkers of America, AFL-CIO-CLC, as the exclusive bargaining representative of its employees in the following appropriate unit: All production and maintenance employees employed by Respondent at its Steel City Products Division, excluding office clerical employees, truckdrivers, chauffeurs, and guards, professional employees and supervi- sors as defined in the Act. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of their rights guaranteed in Section 7 of the Act. WE WILL, upon request, execute, deliver, and give effect to the collective-bargaining agreement described above and give retroactive effect to it from the August 1, 1976, effective date and make employees whole for any losses suffered as a result of the failure to execute the said collective- bargaining agreement with interest at the rate of 6 percent per annum. CAVERT WIRE, INC. 528