Club Deportivo De Ponce

National Labor Relations Board - Board Decisions

Sep 20, 2004

342 N.L.R.B. 114 (N.L.R.B. 2004)

342 NLRB No. 114
Club Deportivo De Ponce, Inc. and Union De Traba-
jadores De La Industria Gastronomica De
Puerto Rico, Local 610, HEREIU, AFL–CIO.
Case 24–CA–9840
September 20, 2004
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS WALSH
AND MEISBURG
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the complaint. Upon a charge and amended
charge filed by the Union on April 6 and May 24, 2004,
respectively, the General Counsel issued the complaint
on June 25, 2004,1 against Club Deportivo De Ponce,
Inc., the Respondent, alleging that it has violated Section
8(a)(1) and (5) of the Act. The Respondent failed to file
an answer.
On July 30, 2004, the General Counsel filed a Motion
for Default Judgment with the Board. On August 3,
2004, the Board issued an order transferring the proceed-
ing 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.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
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 filed by July 9, 2004, all the
allegations in the complaint would be considered admit-
ted. Further, the undisputed allegations in the General
Counsel’s motion disclose that the Region, by letter
dated July 16, 2004, notified the Respondent that unless
an answer was received by July 23, 2004, a motion for
default judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s Motion for Default Judgment.
On the entire record, the Board makes the following

1 The General Counsel’s motion inadvertently states that the com-
plaint issued on May 25, 2004, rather than June 25, 2004.
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a Puerto Rico
corporation, with an office and place of business in
Ponce, Puerto Rico (the facility) has been engaged in the
operation of a social club and the sale of food, drinks,
and services to members and guests.
During the calendar year preceding issuance of the
complaint, the Respondent, in conducting its business
operations described above, derived gross revenues in
excess of $500,000 and purchased and received at its
facility goods valued in excess of $50,000 from other
enterprises, including Destileria Serralles and Progreso
Cash and Carry, located within the Commonwealth of
Puerto Rico, each of which other enterprises had received
these goods directly from points outside the Common-
wealth of Puerto Rico.
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 Union de Trabajadores de la In-
dustria Gastronomica, Local 610, HEREIU, AFL–CIO is
a labor organization within the meaning of Section 2(5)
of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times Jose Cangiano held the position
of the Respondent’s President, and has been a supervisor
of the Respondent within the meaning of Section 2(11)
of the Act and an agent of the Respondent within the
meaning of Section 2(13) of the Act.
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:

INCLUDED: All service and maintenance employees
employed by the Respondent at its place of business in
Ponce, Puerto Rico.
EXCLUDED: All other employees, guards and super-
visors as defined in the Act.

Since at least about December 22, 1970, and at all ma-
terial times, the Union has been the designated exclusive
collective-bargaining representative of the unit and since
then the Union has been recognized as the representative
by the Respondent. This recognition has been embodied
in successive collective-bargaining agreements, the most
recent of which is effective from June 30, 2002, to June
30, 2005.
At all material times, and at least since December 22,
1970, based on Section 9(a) of the Act, the Union has
been the exclusive collective-bargaining representative of
the Respondent’s employees in the unit.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
About February 17, 2004, the Union, by letter, re-
quested that the Respondent bargain collectively with the
Union as the exclusive collective-bargaining representa-
tive of the unit.
Since about February 17, 2004, the Respondent has
failed and refused to meet and bargain with the Union as
the exclusive collective-bargaining representative of the
unit.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees, and has thereby engaged in
unfair labor practices affecting commerce within the
meaning of Section 8(a)(5) and (1) and Section 2(6) and
(7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act.2 Specifically, having
found that the Respondent has violated Section 8(a)(5)
and (1) by failing and refusing since about February 17,
2004, to meet and bargain with the Union, we shall order
the Respondent, on request, to meet and bargain in good
faith with the Union as the exclusive collective–
bargaining representative of the unit, and, if an under-
standing is reached, to embody the understanding in a
signed agreement.
ORDER
The National Labor Relations Board orders that the
Respondent, Club Deportivo De Ponce, Inc., Ponce,
Puerto Rico, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Failing and refusing to meet and bargain collec-
tively and in good faith with Union de Trabajadores de la
Industria Gastronomica de Puerto Rico, Local 610,
HEREIU, AFL–CIO, as the exclusive collective-
bargaining representative of the employees in the follow-
ing unit:

INCLUDED: All service and maintenance employees
employed by the Respondent at its place of business in
Ponce, Puerto Rico.
EXCLUDED: All other employees, guards and super-
visors as defined in the Act.

2 At the General Counsel’s request, we have provided for a Spanish
language translation of the Board’s notice.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, meet and bargain with the Union as the
exclusive collective-bargaining representative of the unit
employees on terms and conditions of employment and,
if an understanding is reached, embody the understand-
ing in a signed agreement.
(b) Within 14 days after service by the Region, post at
its facility in Ponce, Puerto Rico, copies of the attached
notice marked “Appendix.”3 Copies of the notice, on
forms provided by the Regional Director for Region 24,
after being signed by the Respondent’s authorized repre-
sentative, shall be translated into Spanish and both Span-
ish and English notices shall be posted by the Respon-
dent and maintained for 60 consecutive days in con-
spicuous places including all places where notices to
employees are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material. In the event that, during the pendency of these
proceedings, the Respondent has gone out of business or
closed the facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at any time
since February 17, 2004.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board has found that we vio-
lated Federal labor law and has ordered us to post and obey
this notice.

FEDERAL LAW GIVES YOU THE RIGHT TO

Form, join, or assist any union

3 If 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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
CLUB DEPORTIVO DE PONCE, INC. 3
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT fail and refuse to meet and bargain col-
lectively and in good faith with Union de Trabajadores
de la Industria Gastronomica, Local 610, HEREIU,
AFL–CIO, as the exclusive collective-bargaining repre-
sentative of the employees in the following unit:

INCLUDED: All service and maintenance employees
employed by us at our place of business in Ponce, Puerto
Rico.
EXCLUDED: All other employees, guards and super-
visors as defined in the Act.

WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL, on request, meet and bargain with the Union
as the exclusive collective-bargaining representative of
the unit employees on terms and conditions of employ-
ment and put in writing and sign any agreement reached.
CLUB DEPORTIVO DE PONCE