Grand Motel, Inc.

National Labor Relations Board - Board Decisions

Mar 28, 1979

241 N.L.R.B. 532 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Grand Motel, Inc. and Retail Clerks International As-
sociation, Local 1550, AFL-CIO. Case 13-CA-
18080
March 28, 1979
DECISION AND ORDER
BY MEMBERS JENKINS, MURPHY, AND TRUESDALE
Upon a charge filed on September 27, 1978, by Re-
tail Clerks International Association, Local 1550,
AFL-CIO, a labor organization, herein called the
Union, and duly served on Grand Motel, Inc., herein
called Respondent, the General Counsel of the Na-
tional Labor Relations Board, by the Regional Direc-
tor for Region 13, issued a complaint and notice of
hearing on November 9, 1978, against Respondent,
alleging that Respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce
within the meaning of Section 8(a)(l) and (3) 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 proceed-
ing. Respondent failed to file an answer to the com-
plaint.
On January 8, 1979, counsel for the General Coun-
sel filed directly with the Board a Motion for Sum-
mary Judgment. Subsequently, on January 18, the
Board issued an order transferring the proceeding to
the Board and a Notice To Show Cause why the Gen-
eral 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 allega-
tions of the Motion for Summary Judgment stand un-
controverted.
Purusant 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-
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 admit-
ted 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 uncontro-
verted allegations of the Motion for Summary Judg-
ment, counsel for the General Counsel on December
18, 1978, by telegram, notified Respondent that it had
failed to comply with Section 102.20 of the Board's
Rules and Regulations and that if prompt compliance
was not forthcoming counsel for the General Counsel
would file a Motion for Summary Judgment. As
noted, 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 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 RESPONDENT
Grand Motel, Inc., is, and at all times material
herein has been, an Illinois corporation with a place
of business located at 10022 South Halsted Street,
Chicago, Illinois. Respondent operates a second place
of business located at 4929 West Madison Street, Chi-
cago, Illinois, which at all times material herein has
been an Illinois corporation. These corporations are,
and at all times material herein have been, affiliated
businesses with common officers, ownership, direc-
tors, and operators who administer a common labor
policy for both corporations and constitute joint and/
or a single employer. At all times material herein,
Respondent, at its aforesaid places of business, has
been and is engaged in the business of operating mo-
tels. During the 12-month period immediately pre-
ceding the issuance of the complaint, Respondent, in
241 NLRB No. 78
532
GRAND MOTEL. INC.
the course and conduct of its business operations, re-
ceived gross annual revenues in excess of $500,000
and purchased and received within the State of Illi-
nois goods and services which originated directly out-
side the State of Illinois valued at in excess of $5,000.
Respondent 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.
II. THE LABOR ORGANIZATION INVOLVED
The Union is now and at all times material herein
has been a labor organization within the meaning of
Section 2(5) of the Act.
III. THE RESPONDENT'S AGENTS
At all times material herein, Charles F. Moore,
president and owner, and Janet L. McCoy, manager
of the Halsted Street location, have been, and are
now, agents of Respondent acting on its behalf wihin
the meaning of Section 2(13) of the Act, and/or su-
pervisors within the meaning of Section 2(11) of the
Act.
IV. THE UNFAIR LABOR PRACTICES
A. The Independent 8(a)(1) Violation
1. On or about July 31, 1978, Respondent, at the
Halsted Street location, interfered with, restrained,
and coerced its employees in the exercise of their Sec-
tion 7 rights by the following acts and conduct:
(a) Respondent, by its supervisor and/or agent
Charles F. Moore, interrogated employees regarding
said employees' union activities, sympathies and de-
sires.
(b) Respondent, by its supervisor and/or agent
Charles F. Moore, threatened an employee with the
closing of Respondent's business operations should
the Union represent its employees.
(c) Respondent, by its supervisor and/or Agent
Charles F. Moore, threatened an employee with dis-
charge because of said employee's union activities by
informing said employee that previous employees had
been discharged because they had engaged in union
activities.
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(a)(1) of the Act.
B. The 8(a)(3) 'iolations
On or about September 17, 1978, Respondent dis-
charged and has since failed and/or refused to rein-
state its employee Ollie Jimison because Jimison en-
gaged in union and/or protected concerted activities.
Accordingly. we find that b3 the aforesaid conduct
Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8(a)(3)
and () of the Act.
V. THE EFFECT OF THE UNFAIR I.ABOR PRACIi( ES
UPON COMMERCE
The activities of Respondent set forth in section IV.',
above, occurring in connection with its operations de-
scribed in section 1, above, have a close, intimate, and
substantial relationship to trade, traffic, and com-
merce among the several States and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
VI. THE REMhI)Y
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(1) and (3) 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 dis-
charged Ollie Jimison, we shall order that she be of-
fered immediate and full reinstatement to her former
job or, if such position no longer exists, to a substan-
tially equivalent position, without prejudice to her se-
niority or other rights and privileges. We also shall
order that Respondent make employee Ollie Jimison
whole for any loss of pay she may have suffered be-
cause of the discrimination against her, by payment
to her of a sum equal to what she would have earned
from the date of her discharge until she is fully rein-
stated or receives a valid offer of reinstatement, less
any net interim earnings. Backpay shall be computed
in accordance with the formula set forth in F W.
Woolworth Company, 90 NLRB 289 (1950), with in-
terest thereon to be computed in the manner pre-
scribed in Florida Steel Corporation, 231 NLRB 651
(1977).'
Having found that the unfair labor practices com-
mitted by Respondent were of a character which
strike at the very heart of the Act, we shall also order
Respondent to cease and desist from infringing in any
See. generally. Isis Plumbing & He ating Co, 138 NlRB 716 (19621
533
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other manner upon the rights of employees guaran-
teed by Section 7 of the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Grand Motel, Inc., is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. Retail Clerks International Association, Local
1550, AFL-CIO, is now, and has been at all times
material herein, a labor organization within the
meaning of Section 2(5) of the Act.
3. At all times material herein, Charles F. Moore,
president and owner of Grand Motel, Inc., and Janet
L. McCoy, manager of the Halsted Street location,
have been, and are now, agents of Respondent acting
on its behalf within the meaning of Section 2(13) of
the Act, and/or supervisors within the meaning of
Section 2(1 1) of the Act.
4. By the acts described in section IV, B, above,
Respondent has discriminated in regard to the 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 un-
fair labor practices within the meaning of Section
8(a)(3) and (1) of the Act.
5. By the acts described in section IV, A, above,
Respondent has interfered with, restrained, and co-
erced its employees in the exercise of the rights guar-
anteed them in Section 7 of the Act and thereby has
engaged in unfair labor practices within the meaning
of Section 8(a)( ) of the Act.
6. 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 Rela-
tions Board hereby orders that the Respondent,
Grand Motel, Inc., Chicago, Illinois, its officers,
agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Interrogating its employees regarding their
union activities, sympathies, and desires.
(b) Threatening its employees with the closing of
Respondent's business operations in the event Retail
Clerks International Association, Local 1550, AFL-
CIO, becomes their collective-bargaining representa-
tive.
(c) Threatening its employees with discharge be-
cause of their union activities.
(d) Discharging employees, refusing to reinstate
them, or otherwise discriminating against them be-
cause they engage in union or other protected con-
certed activities.
(e) In any other manner interfering with, restrain-
ing, or coercing its employees in the exercise of the
rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action necessary
to effectuate the policies of the Act:
(a) Offer Ollie Jimison immediate and full rein-
statement to her former job or, if such position no
longer exists, to a substantially equivalent position,
without prejudice to her seniority or any other rights
and privileges previously enjoyed, and make her
whole for any losses she may have suffered by reason
of the discrimination against her as set forth in the
section of this Decision entitled "The Remedy."
(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 locations at South Halsted Street and
West Madison Street, Chicago, Illinois, copies of the
attached notice marked "Appendix." 2 Copies of said
notice, on forms provided by the Regional Director
for Region 13, after being duly signed by Respon-
dent's representative, shall be posted by Respondent
immediately upon receipt thereof, and be maintained
by it for 60 consecutive days thereafter, in conspicu-
ous places, including all places where notices to em-
ployees are customarily posted. Reasonable steps
shall be taken by Respondent to insure that said no-
tices are not altered, defaced, or covered by any other
material.
(d) Notify the Regional Director for Region 13, in
writing, within 20 days from the date of this Order,
what steps the 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 discharge, refuse to reinstate, or
otherwise discriminate against our employees be-
534
GRAND MOTEL. INC.
cause they engage in union activities or other
protected concerted activities.
WE WILL NOT interrogate our employees re-
garding their union activities, sympathies. and
desires.
WE WILL NOT threaten our employees with the
closing of our business operations in the event
Retail Clerks International Association, Local
1550, AFL-CIO, becomes their collective-bar-
gaining representative.
WE WILL NOT threaten our employees with
discharge because of their union activities.
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the ex-
ercise of the rights guaranteed them in Section 7
of the National Labor Relations Act, as
amended.
WE WILL offer Ollie Jimison full and immedi-
ate reinstatement to her former job or. if such
position no longer exists, to a substantially
equivalent position, without prejudice to her se-
niority or other rights and privileges: and we will
make her whole for any losses she may have suf-
fered by reason of the discrimination against her.
plus interest.
GRAND MOTEL, INC.
535