Lib Industries

National Labor Relations Board - Board Decisions

Apr 30, 1998

325 N.L.R.B. 711 (N.L.R.B. 1998)

711
325 NLRB No. 130
LIB INDUSTRIES
Lib Industries, Inc. and Joseph Pezzano. Case 22–
CA–21880
April 30, 1998
DECISION AND ORDER
BY CHAIRMAN GOULD AND MEMBERS FOX AND
LIEBMAN
Upon a charge, first amended charge and second
amended charge filed by Joseph Pezzano, an individual
on February 19 and September 12, 1997, and January
27, 1998, respectively, the Acting General Counsel of
the National Labor Relations Board issued a complaint
on February 11, 1998, against Lib Industries, Inc., the
Respondent, alleging that it has violated Section
8(a)(1) and (3) of the National Labor Relations Act.
Although properly served copies of the charges and
complaint, the Respondent failed to file an answer.
On April 6, 1998, the Acting General Counsel filed
a Motion for Summary Judgment with the Board. On
April 8, 1998, the Board issued an order transferring
the proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The Re-
spondent filed no response. The allegations in the mo-
tion are therefore undisputed.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules
and Regulations provide that the allegations in the
complaint shall be deemed admitted if an answer is not
filed within 14 days from service of the complaint, un-
less good cause is shown. In addition, the complaint
affirmatively notes that unless an answer is filed within
14 days of service, all the allegations in the complaint
will be considered admitted. Further, the undisputed al-
legations in the Motion for Summary Judgment dis-
close that the Region, by letter dated March 5, 1998,
notified the Respondent that unless an answer were re-
ceived by March 19, 1998, a Motion for Summary
Judgment would be filed.
In the absence of good cause being shown for the
failure to file a timely answer, we grant the General
Counsel’s Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation,
with an office and place of business in Roselle, New
Jersey, has been engaged in the transportation of solid
waste. During the 12-month period preceding issuance
of the complaint, the Respondent, in conducting its
business operations, purchased and received at its Ro-
selle, New Jersey facility goods and materials valued
in excess of $50,000 directly from suppliers located
outside the State of New Jersey. We find that the Re-
spondent is an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act
and that Teamsters Local 945, International Brother-
hood of Teamsters, AFL–CIO (the Union) is a labor
organization within the meaning of Section 2(5) of the
Act.
II. ALLEGED UNFAIR LABOR PRACTICES
On several dates beginning in October 1996, and
intermittently through December 27, 1996, the Re-
spondent threatened its employees that the Employer
would shut down if they supported the Union. On sev-
eral dates beginning in October 1996, and intermit-
tently through December 27, 1996, the Respondent
told its employees that it would be futile to support the
Union.
On February 12, 1997, the Respondent discharged
its employee Joseph Pezzano because he joined and as-
sisted the Union and engaged in concerted activities
and to discourage employees from engaging in these
activities.
CONCLUSIONS OF LAW
By the acts and conduct described above, the Re-
spondent has been interfering with, restraining, and co-
ercing employees in the exercise of the rights guaran-
teed in Section 7 of the Act, and has thereby engaged
in unfair labor practices affecting commerce within the
meaning of Section 8(a)(1) and Section 2(6) and (7) of
the Act.
By discharging Joseph Pezzano, the Respondent has
also been discriminating in regard to the hire or tenure
or terms and conditions of employment of its employ-
ees, thereby discouraging membership in a labor orga-
nization, and has thereby engaged in unfair labor prac-
tices affecting commerce within the meaning of Sec-
tion 8(a)(3) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in
certain unfair labor practices, we shall order it to cease
and desist and to take certain affirmative action de-
signed to effectuate the policies of the Act. Specifi-
cally, having found that the Respondent has violated
Section 8(a)(3) and (1) by discharging Joseph Pezzano
on February 12, 1997, we shall order the Respondent
to offer him immediate and full reinstatement to his
former job or, if that job no longer exists, to a substan-
tially equivalent position, without prejudice to his se-
niority or any other rights or privileges previously en-
joyed, and to make him whole for any loss of earnings
and other benefits suffered as a result of the discrimi-
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712 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 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
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.’’
nation against him. Backpay shall be computed in ac-
cordance with F. W. Woolworth Co., 90 NLRB 289
(1950), with interest as prescribed in New Horizons for
the Retarded, 283 NLRB 1173 (1987). The Respond-
ent shall also be required to expunge from its files any
and all references to the unlawful discharge, and to no-
tify the discriminatee in writing that this has been
done.
ORDER
The National Labor Relations Board orders that the
Respondent, Lib Industries, Inc., Roselle, New Jersey,
its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Threatening its employees that it will shut down
if the employees support Teamsters Local 945, Inter-
national Brotherhood of Teamsters, AFL–CIO or tell-
ing its employees that it would be futile to support the
Union.
(b) Discharging employees because they join or as-
sist the Union or engage in concerted activities or to
discourage employees from engaging in these activi-
ties.
(c) 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) Within 14 days from the date of this Order, offer
Joseph Pezzano full reinstatement to his former job or,
if that job no longer exists, to a substantially equiva-
lent position, without prejudice to his seniority or any
other rights or privileges previously enjoyed.
(b) Make Joseph Pezzano whole, with interest, for
any loss of earnings and other benefits suffered as a
result of the discrimination against him, in the manner
set forth in the remedy section of this Decision.
(c) Within 14 days from the date of this Order, ex-
punge from its files any and all references to the un-
lawful discharge of Joseph Pezzano, and, within 3 days
thereafter, notify him in writing that this has been
done.
(d) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination
and copying, all payroll records, social security pay-
ment records, timecards, personnel records and reports,
and all other records necessary to analyze the amount
of backpay due under the terms of this Order.
(e) Within 14 days after service by the Region, post
at its facility in Roselle, New Jersey, copies of the at-
tached notice marked ‘‘Appendix.’’1 Copies of the no-
tice, on forms provided by the Regional Director for
Region 22, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent and maintained for 60 consecutive days in
conspicuous 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 pro-
ceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current
employees and former employees employed by the Re-
spondent at any time since October 1, 1996.
(f) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a
responsible official on a form provided by the Region
attesting 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
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT threaten our employees that we will
shut down if they support Teamsters Local 945, Inter-
national Brotherhood of Teamsters, AFL–CIO or tell
our employees that it would be futile to support the
Union.
WE WILL NOT discharge employees because they
join or assist the Union or engage in concerted activi-
ties or to discourage employees from engaging in these
activities.
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, within 14 days from the date of the
Board’s Order, offer Joseph Pezzano full reinstatement
to his former job or, if that job no longer exists, to a
substantially equivalent position, without prejudice to
his seniority or any other rights or privileges pre-
viously enjoyed.
WE WILL make Joseph Pezzano whole, with interest,
for any loss of earnings and other benefits suffered as
a result of the discrimination against him.
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713LIB INDUSTRIES
WE WILL, within 14 days from the date of the
Board’s Order, expunge from our files any and all ref-
erences to the unlawful discharge of Joseph Pezzano,
and, within 3 days thereafter, notify him in writing that
this has been done.
LIB INDUSTRIES, INC.
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