Compass Development, Inc. and/or Compass Development, Inc., Debtor in Possession

National Labor Relations Board - Board Decisions

Nov 19, 1982

262 N.L.R.B. 643 (N.L.R.B. 1982)

COMPASS DEVELOPMENT, INC.
Compass Development, Inc. and/or Compass Devel.
opment, Inc., Debtor in Possession and Oil,
Chemical and Atomic Workers International
Union, AFL-CIO. Case 6-CA-15143
November 19, 1982
DECISION AND ORDER
BY CHAIRMAN VAN DE WATER AND
MEMBERS FANNING AND HUNTER
Upon a charge filed on December 7, 1981, by
Oil, Chemical and Atomic Workers International
Union, AFL-CIO, herein called the Union, and
duly served on Compass Development, Inc., herein
called Respondent; an amended charge filed on
January 4, 1982, by the Union and duly served on
Respondent; and a second amended charge filed on
February 16, 1982, and duly served on Respondent
and on Compass Development, Inc., Debtor in
Possession, herein also called Respondent, the Gen-
eral Counsel of the National Labor Relations
Board, by the Acting Regional Director for Region
6, issued a complaint on February 22, 1982, against
Respondent, alleging that Respondent had engaged
in and was engaging in unfair labor practices af-
fecting commerce within the meaning of Section
8(a)(3) and (1) and Section 2(6) and (7) of the Na-
tional Labor Relations Act, as amended. Copies of
the charge and complaint and notice of hearing
before an administrative law judge were duly
served on the parties to this proceeding. Respond-
ent failed to file an answer to the complaint.
On April 1, 1982, counsel for the General Coun-
sel filed directly with the Board a Motion for Sum-
mary Judgment. Subsequently, on April 27, 1982,
the Board issued an order transferring the proceed-
ing 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 in 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
Section 102.20 of the Board's Rules and Regula-
tions, Series 8, as amended, provides:
The respondent shall, within 10 days from the
service of the complaint, file an answer there-
to. The respondent shall specifically admit,
deny, or explain each of the facts alleged in
262 NLRB No. 75
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 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 served on
Respondent herein specifically states that unless an
answer to the complaint is filed within 10 days of
service thereof, "all the allegations in the Com-
plaint shall be deemed to be admitted to be true
and may be found by the Board." Further, accord-
ing to the uncontroverted allegations of the Motion
for Summary Judgment, the Acting Regional At-
torney for Region 6, by letter dated March 9, 1982,
advised Respondent that it had failed to file an
answer to the complaint and that, unless an answer
was received, summary judgment would be sought.
As noted above, Respondent has failed to file an
answer to the complaint and has failed to file a re-
sponse to the Notice To Show Cause.
Accordingly, under the rule set forth above, no
good cause having been shown for the failure to
file a timely answer, the allegations of the com-
plaint are deemed admitted and are found to be
true, and we shall grant the General Counsel's
Motion for Summary Judgment.
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENT
Respondent is, and has been at all times material
herein, a Pennsylvania corporation with an office
and place of business in West Hickory, Pennsylva-
nia, where it has been engaged in the production
and nonretail sale of oil and related products.
During the 12-month period ending September 30,
1981, Respondent, in the course and conduct of its
business operations, purchased and received at its
West Hickory, Pennsylvania, facility products,
goods, and materials valued in excess of S50,000 di-
rectly from points outside the Commonwealth of
Pennsylvania.
Since on or about December 24, 1981, Compass
Development, Inc., Debtor in Possession, has been
duly designated by the United States Bankruptcy
Court for the District of New Jersey as the debtor
in possession with full authority to continue oper-
ation and exercise all powers necessary to the ad-
643
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ministration of the business of Compass Develop-
ment, Inc.
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 jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
Oil, Chemical and Atomic Workers International
Union, AFL-CIO, is a labor organization within
the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The 8(a)(3) and (1) Violations
On or about November 19, 1981, Respondent
laid off and on or about November 23, 1981, Re-
spondent discharged its employees Terry L. Bean,
Michael E. Bowen, Mark A. DeVore, Robert J.
Duncan, William J. Forbes, Charles J. Foster,
Maurice J. McBride, John R. Rowe, and Patrick
G. Yerskey. Respondent engaged in the aforesaid
conduct because the above-named employees
joined, supported, or assisted the Union and en-
gaged in concerted activities for the purposes of
collective bargaining or other mutual aid or protec-
tion.
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
organization, and that by such conduct Respondent
engaged in unfair labor practices within the mean-
ing of Section 8(a)(3) and (1) of the Act.
B. Independent 8(a)(1) Violations
On or about September 1, 1981, Respondent,
acting through its assistant foreman and supervisor,
Richard Burrows, interrogated its employees re-
garding their union membership, activities, and
sympathies and the union membership, activities,
and sympathies of their fellow employees.
On or about October 1, 1981, Respondent, acting
through its foreman and supervisor, Richard Rice,
threatened its employees with more onerous work-
ing conditions if they selected the Union as their
collective-bargaining representative.
On or about November 3, 1981, Respondent,
acting through its foreman and supervisor, Paul
Greathouse, threatened its employees with subcon-
tracting of work and layoffs if they selected the
Union as the collective-bargaining representative.
Accordingly, we find that, by the aforesaid con-
duct, Respondent has interfered with, restrained,
and coerced its employees in the exercise of the
rights guaranteed them by Section 7 of the Act,
and by such conduct Respondent has engaged in
unfair labor practices within the meaning of
Section 8(a)(1) of the Act.
IV. THE EFFECT OF THE UNFAIR L.ABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section
III, above, occurring in connection with the oper-
ations described in section I, above, 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 ob-
structing 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)(3) and (1) of the Act, we
shall order that it cease and desist therefrom and
take affirmative action designed to effectuate the
policies of the Act.
We have found that Respondent discriminated
against those employees named in section III, A,
above, by laying them off on or about November
19, 1981, and by discharging them on or about No-
vember 23, 1981. Accordingly, we shall order that
they be offered immediate and full reinstatement to
their former jobs or, if such positions no longer
exist, to substantially equivalent positions, without
prejudice to their seniority or other rights and
privileges previously enjoyed. We also shall order
that Respondent make these employees whole for
any loss of pay they may have suffered because of
the discrimination against them, to be computed in
the manner prescribed in F. W. Woolworth Compa-
ny, 90 NLRB 289 (1950), with interest as set forth
in Florida Steel Corporation, 231 NLRB 117
(1977). 1 We also shall order that Respondent ex-
punge from its files any reference to the unlawful
layoffs of these employees on or about November
19, 1981, and to their unlawful discharges on or
about November 23, 1981, and notify them that this
has been done and that evidence of Respondent's
unlawful conduct will not be used as a basis for
future personnel actions against them.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Compass Development, Inc. and/or Compass
Development, Inc., Debtor in Possession, is an em-
' See, generally, Isis Plumbing d Heating Co., 138 NLRB 716 (1962).
644
COMPASS DEVELOPMENT, INC.
ployer engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
2. Oil, Chemical and Atomic Workers Interna-
tional Union, AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
3. By the acts described in section III, A, above,
Respondent has discriminated in regard to hire and
tenure of employment of its employees, thereby
discouraging membership in or activities on behalf
of a labor organization, and thereby has engaged in
unfair labor practices within the meaning of
Section 8(a)(3) and (1) of the Act.
4. By the acts described in section III, B, above,
Respondent has interfered with, restrained, and co-
erced its employees in the exercise of the rights
guaranteed them by Section 7 of the Act, and
thereby has engaged in unfair labor practices
within the meaning of Section 8(a)(1) of the Act.
5. The aforesaid unfair labor practices are unfair
labor practices affecting commerce 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 Re-
lations Board hereby orders that the Respondent,
Compass Development, Inc. and/or Compass De-
velopment, Inc., Debtor in Possession, West Hick-
ory, Pennsylvania, its officers, agents, successors,
and assigns, shall:
1. Cease and desist from:
(a) Laying off and discharging its employees, or
otherwise discriminating against them, because they
joined, supported, or assisted the Oil, Chemical and
Atomic Workers International Union, AFL-CIO,
or any other labor organization, and engaged in
concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
(b) Interrogating employees about their union
membership, activities, and sympathies or the union
membership, activities, and sympathies of other em-
ployees.
(c) Threatening employees with more onerous
working conditions if they selected the Union, or
any other labor organization, as their collective-
bargaining representative.
(d) Threatening employees with subcontracting
of work and layoffs if they select the Union, or any
other labor organization, as their collective-bar-
gaining representative.
(e) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the 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 to em-
ployees Terry L. Bean. Michael E. Bowen, Mark
A. DeVore, Robert J. Duncan, William J. Forbes,
Charles J. Foster, Maurice J. McBride, John R.
Rowe, and Patrick G. Yerskey to their former jobs
or, if such positions no longer exist, to substantially
equivalent positions, without prejudice to their se-
niority or other rights and privileges previously en-
joyed, and make them whole for any losses they
may have suffered by reason of the discrimination
against them as set forth in the section of this Deci-
sion entitled "The Remedy."
(b) Expunge from its files any reference to the
unlawful layoffs of tihe above-named employees on
November 19, 1981, and to their unlawful dis-
charges on November 23, 1981. and notify them in
writing that this has been done and that evidence
of Respondent's unlawful conduct will not be used
as a basis for future personnel actions against them.
(c) Preserve and, upon request, make available to
the Board or its agents, for examination and copy-
ing, all payroll records, social security payment
records, timecards, personnel records and reports,
and all other records necessary to analyze the
amount of backpay which may be due under the
terms of this Order.
(d) Post at its West Hickory, Pennsylvania, facili-
ty copies of the attached notice marked "Appen-
dix."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 Re-
spondent to ensure that said notices are not altered,
defaced, or covered by any other material.
(e) Notify the Regional Director for Region 6, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
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 Pursu-
ant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board
645
DECISIONS OF 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 lay off or discharge employ-
ees because they join, support, or assist Oil,
Chemical and Atomic Workers International
Union, AFL-CIO, or any other labor organi-
zation, and engage in concerted activities for
the purpose of collective bargaining or other
mutual aid or protection.
WE WILL NOT interrogate employees about
their union membership, activities, and sympa-
thies or the union membership, activities, and
sympathies of other employees.
WE WILL NOT threaten our employees with
more onerous working conditions if they select
the Union, or any other labor organization, as
their collective-bargaining representative.
WE WILL NOT threaten our employees with
subcontracting of work and layoffs if they
select the Union, or any other labor organiza-
tion, as their collective-bargaining representa-
tive.
WE WILL NOT in' any like or related manner
interfere with, restrain, or coerce our employ-
ees in the exercise of the rights guaranteed
them by Section 7 of the National Labor Rela-
tions Act.
WE WILL offer to Terry L. Bean, Michael
E. Bowen, Mark A. DeVore, Robert J.
Duncan, William J. Forbes, Charles J. Foster,
Maurice J. McBride, John R. Rowe, and Pat-
rick G. Yerskey immediate and full reinstate-
ment to their former jobs or, if their former
positions no longer exist, to substantially
equivalent positions of employment without
prejudice to their seniority or other rights and
privileges previously enjoyed, and WE WILL
make them whole for any loss of pay they
may have suffered by reason of the discrimina-
tion against them, with interest.
WE WILL expunge from our files any refer-
ence to the layoffs on November 19, 1981, and
the discharges on November 23, 1981, of the
above-named employees, and WE WILL notify
them that this has been done and that evidence
of this unlawful conduct will not be used as a
basis for future personnel actions against them.
COMPASS DEVELOPMENT, INC. AND/-
OR COMPASS DEVELOPMENT, INC.,
DEBTOR IN POSSESSION
646