Omaha Dressed Beef Co.

National Labor Relations Board - Board Decisions

Aug 27, 1980

251 N.L.R.B. 1333 (N.L.R.B. 1980)

OMAHA DRESSED EEF C.. 1 333
Omaha Dressed Beef Co., Inc. and District Union
271, United Food and Commercial Workers In-
ternational Union, AFL-CIO, CLC. Case 17-
CA-9369
August 27, 1980
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND TRUESDALE
Upon a charge filed on December 26, 1979, by
District Union 271, United Food and Commercial
Workers International Union, AFL-CIO, CLC,
herein called the Union, and duly served on
Omaha Dressed Beef Co., Inc., herein called Re-
spondent, the General Counsel of the National
Labor Relations Board, by the Regional Director
for Region 17, issued a complaint and notice of
hearing on February 6, 1980, against Respondent,
alleging that Respondent had engaged in and was
engaging in unfair labor practices affecting com-
merce 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
and the 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 June 19, 1980, counsel for the General Coun-
sel filed directly with the Board a Motion for Sum-
mary Judgment. Subsequently, on June 24, 1980,
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 Notice To Show Cause.
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 as follows:
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
the complaint, unless the respondent is without
knowledge, in which case the respondent shall
so state, such statement operating as a denial.
All the allegations in the complaint, if no
answer is filed, or any allegation in the com-
plaint not specifically denied or explained in
251 NLRB No. 178
an answer filed, unless the respondent shall
state in the answer that he is without knowl-
edge, 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 of the allegations in the com-
plaint shall be deemed to be admitted to be true
and may be so found by the Board." Further, ac-
cording to the uncontroverted allegations of the
Motion for Summary Judgment, Respondent was
notified by letter dated June 4, 1980, that an
answer had not been received and that such an
answer had been due by February 18, 1980. On
June 12, 1980, Respondent's president notified
counsel for the General Counsel that he could not
file an answer. As noted, Respondent did not file
an answer to the complaint or a response 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 grant the General Counsel's Motion
for Su;mmary Judgment.
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
At all times material herein, Respondent has
been a Nebraska corporation with a place of busi-
ness located in Omaha, Nebraska, where it is en-
gaged in meat packing. During the past year, Re-
spondent, in the course and conduct of its business
operations, purchased goods and services valued in
excess of $50,000 directly from sources located out-
side the State of Nebraska.
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.
II. THE LABOR ORGANIZATION INVOLVED
At all times material herein, District Union 271,
United Food and Commercial Workers Internation-
al Union, AFL-CIO, CLC, has been a labor orga-
nization within the meaning of Section 2(5) of the
Act.
OMAHA DRESSED BEEF C
13.134 DECISIONS O()F NATIONAL LABOR RELATIONS B()OARI)
III. THE UNFAIR LABOR PRACTICES
A. The Unit
The following employees of Respondent consti-
tute a unit appropriate for purposes of collective
bargaining within the meaning of Section 9(b) of
the Act:
All full-time and regular part-time employees
employed by Respondent at its Omaha, Ne-
braska facility, excluding office clerical em-
ployees, truck drivers, salesmen, cattle buyers,
and supervisors as defined in the Act.
B. Representative Status of the Union
Since January 1965, and at all times material
herein, the Union or its predecessor, Amalgamated
Meat Cutters and Butcher Workmen of North
America, AFL-CIO, Local Union No. 730, has
been designated and recognized as the exclusive
representative of the employees in the unit set forth
above, for the purpose of collective bargaining
with respect to rates of pay, wages, hours, and
other terms and conditions of employment. Re-
spondent and the Union or its predecessor have
been, at all times since 1965, parties to collective-
bargaining agreements covering the employees in
the unit set forth above, the most recent of which
was in effect for the period of July 15, 1975, to
July 15, 1976.
C. The Request To Bargain and To Furnish the
Union With Certain Information, and
Respondent's Refusal
Commencing on or about May 2, 1979, and var-
ious times thereafter, the Union has requested Re-
spondent to bargain collectively with it as the ex-
clusive collective-bargaining representative of the
employees in the above-described unit, and to fur-
nish it with certain information relevant to and
necessary for the Union's performance as the col-
lective-bargaining representative of the above-de-
scribed unit employees. Since on or about June 26,
1979, Respondent has failed and refused to bargain
with the Union as the exclusive collective-bargain-
ing representative of the employees in the above-
described unit, and to supply the Union with the
requested information concerning employee names,
addresses, seniority dates, rates of pay, and benefits
for the purpose of negotiations.
Accordingly, we find that, by the aforesaid con-
duct, Respondent has engaged in and is engaging in
unfair labor practices within the meaning of Sec-
tion 8(a)(5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section
II, above, occurring in connection with its oper-
ations described in section 1, 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)(5) and (1) of the Act, we
shall order that it cease and desist therefrom, and,
upon request, bargain collectively with the Union
as the exclusive representative of all employees in
the appropriate unit, and, if an understanding is
reached, embody such understanding in a signed
agreement. We shall further order Respondent to
supply the Union, upon request, with information
relevant to and necessary for the Union's perform-
ance of its function as the collective-bargaining
representative of the unit employees.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Omaha Dressed Beef Co., Inc., is an employer
engaged in commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
2. District Union 271, United Food and Com-
mercial Workers International Union, AFL-CIO,
CLC, is a labor organization within the meaning of
Section 2(5) of the Act.
3. All full-time and regular part-time employees
employed by Respondent at its Omaha, Nebraska,
facility, excluding office clerical employees, truck
drivers, salesmen, cattle buyers, and supervisors as
defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the
meaning of Section 9(b) of the Act.
4. Since January 1965 the above-named labor or-
ganization has been and now is the certified and ex-
clusive representative of all employees in the afore-
said appropriate unit for the purpose of collective
bargaining within the meaning of Section 9(a) of
the Act.
5. By refusing on or about June 26, 1979, and at
all times thereafter, to bargain collectively with the
above-named labor organization as the exclusive
bargaining representative of all the employees of
Respondent in the appropriate unit, and to supply
the Union with certain requested information rele-
OMAHAIA DSSED 13EEF C. . is5
vant to and necessary for the Union's performance
as the collective-bargaining representative of the
unit employees Respondent has engaged in and is
engaging in unfair labor practices within the mean-
ing of Section 8(a)(5) of the Act.
6. By the aforesaid refusal to bargain, and to
supply certain requested information, Respondent
has interfered with, restrained, and coerced, and is
interfering with, restraining, and coercing, employ-
ees in the exercise of the rights guaranteed them in
Section 7 of the Act, and thereby has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(a)(1) of the Act.
7. 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,
Omaha Dressed Beef Co., Inc., Omaha, Nebraska,
its officers, agents, successors, and assigns, shall:
I. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages, hours, and other terms and
conditions of employment with District Union 271,
United Food and Commercial Workers Internation-
al Union, AFL-CIO, CLC, as the exclusive bar-
gaining representative of its employees in the fol-
lowing appropriate unit:
All full-time and regular part-time employees
employed by Respondent at its Omaha, Ne-
braska, facility, excluding office clerical em-
ployees, truck drivers, salesmen, cattle buyers,
and supervisors as defined in the Act.
(b) Refusing to provide the Union, upon request,
information relevant to and necessary for its per-
formance as the collective-bargaining representa-
tive of the unit employees.
(c) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them in Section 7 of
the Act.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the
Act:
(a) Upon request, bargain with the above-named
labor organization as the exclusive representative
of all employees in the aforesaid appropriate unit
with respect to rates of pay, wages, hours, and
other terms and conditions of employment, and, if
an understanding is reached, embody such under-
standing in a signed agreement, and provide the
Union, upon request, information concerning em-
ployee names, addresses, seniority dates, rates of
pay, and benefits, and all other information rele-
vant to and necessary for the Union's performance
as the collective-bargaining representative of the
unit employees.
(b) Post at its Omaha, Nebraska, facility copies
of the attached notice marked "Appendix."'
Copies of said notice, on forms provided by the
Regional Director for Region 17, 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 insure that said notices are not altered,
defaced, or covered by any other material.
(c) Notify the Regional Director for Region 17,
in writing, within 20 days from the date of this
Order, what steps have been taken to comply here-
with.
In the eventl that Ihis (Order is enforced h i a Jtldgitelt ,I' . llti
Statc Court of Appeal. the lrd, il It lc tlti rt adll g "'-Iwedl h,
()rder of the National I abohr Rctlionl Board" hall read "l'Itcel P'uris
nt to a; Judgmi tIl o(f the Inited Sialtes (ouri iof appila enlt;,rcing al
Order f Ihc Natinal I abtor Ratliln, oard-
APPENDIX
No-rc'I. To EPIOYEEIES
PoSTrI) BY ORDIIR Or THE
NATIONAI LABOR REI.AIONs BOARD
An Agency of the United States Government
WI wil.l NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and
other terms and conditions of employment
with District Union 271, United Food and
Commercial Workers International Ulnion.
AFL-CIO, CLC, as the exclusive representa-
tive of the employees in the bargaining unit
described below.
WE W'ILL Nor refuse to provide the above-
named Union with information relevant to and
necessary for collective bargaining.
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 Act.
WE WII., upon request, bargain with the
above-named Union, as the exclusive repre-
sentative of all employees in the bargaining
unit described below, with respect to rates of
pay, wages, hours, and other terms and condi-
tions of employment, and, if an understanding
is reached, embody such understanding in a
signed agreement. The bargaining unit is:
OMAHA DRESSLI) 1313FF CC) 335
133 I)fCISIONS OF NATIONAL LABO()R RELATIONS BOARD
All full-time and regular part-time employ-
ees employed by us at our Omaha, Nebraska
facility, excluding office clerical employees,
truck drivers, salesmen, cattle buyers, and
supervisors as defined in the Act.
OMAHA DRESSED BEEF CO., INC.