Papp and Co., Inc.

National Labor Relations Board - Board DecisionsNov 14, 1974

214 N.L.R.B. 941 (N.L.R.B. 1974)

PAPP AND CO, INC. Papp and Co ., Inc. and Sheet Metal Workers Interna- tional Association, Local Union 17, AFL-CIO. Case 1-CA-9614 November 14, 1974 DECISION AND ORDER By CHAIRMAN MILLER AND MEMBERS FANNING AND PENELLO Upon a charge filed on February 20, 1974, by Sheet Metal Workers International Association, Lo- cal Union 17, AFL-CIO, herein called the Union, and duly served on Papp and Co., Inc., herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 1, issued a complaint on March 22, 1974, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practic- es affecting commerce within the meaning of Section 8(a)(1) and (5) 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 pro- ceeding. With respect to the unfair labor practices the com- plaint alleges, in substance, that since on or about August 31, 1973, the Respondent has refused to rec- ognize or bargain with the Union as the exclusive collective-bargaining representative of its employees in an appropriate collective-bargaining unit and has refused to implement the terms of its collective-bar- gaining agreement with the Union. The Respondent did not file an answer to the complaint. On July 8, 1974, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment based on Respondent's failure to file an answer as required by Section 102.20 of the Board's Rules and Regulations, Series 8, as amended. On July 12, 1974, the Board issued an order transferring the proceeding to the Board and a notice to show cause why the General Counsel's Motion for Sum- mary Judgment should not be granted. Respondent failed to file a response to the 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- 941 tions, Series 8, as amended, provides as follows: 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 ad- mitted 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 the Respondent specifically states that unless an answer to the complaint is filed by the Respondent 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." Further, ac- cording to the Motion for Summary Judgment, on April 1, 1974, a copy of the complaint and notice of hearing was served on Respondent's president at his home by registered mail and was returned un- claimed. On April 24, 1974, a copy of the complaint and notice of hearing was served on Respondent by a United States marshal. When an answer was not re- ceived within the period prescribed by the Board's Rules and Regulations, counsel for the General Counsel informed Respondent by certified mail on June 11, 1974, that unless an answer were forthcom- ing by June 20, 1974, a Motion for Summary Judg- ment would be filed. On June 13, 1974, a copy of the June 11, 1974, letter was served on Respondent by a United States marshal. As noted above, Respondent did not at any time file an answer to the complaint or a response to the notice to show cause. No good cause to the contrary having been shown, in accor- dance with the rules set forth above, the allegations of the complaint are deemed to be admitted and are found to be true. We shall, accordingly, grant the Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Respondent, a Massachusetts corporation with its office and principal place of business in Holbrook, 214 NLRB No. 130 942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Massachusetts, is engaged in the production of venti- lation and duct sheet metal work. Respondent direct- ly performs services valued in excess of $50,000 an- nually in interstate commerce and in excess of $50,000 annually for companies engaged in interstate commerce. Respondent annually receives materials at its Holbrook plant shipped directly from points located outside the Commonwealth of Massachusetts and valued in excess of $50,000. We find, on the basis of the foregoing, that Re- spondent is, and has been at all times material here- in, 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 juris- diction herein. II. THE LABOR ORGANIZATION INVOLVED Sheet Metal Workers International Association, Local Union 17, 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)(5) Violations 1. The unit The following employees of the Respondent con- stitute a unit appropriate for collective -bargaining purposes within the meaning of Section 9 (b) of the Act: All sheet metal workers employed by Respon- dent at its Holbrook plant, exclusive of office clerical and professional employees , guards, and all supervisors as defined in Section 2(11) of the Act. 2. The representative status of the Union At all times material herein the Union has been the exclusive representative for the purposes of collective bargaining of a majority of the employees in the aforesaid appropriate unit. On or about June 11, 1973, Respondent and the Union entered into a col- lective-bargaining agreement which expired at mid- night May 31, 1974. 3. The Respondent's refusal to bargain Commencing on or about August 31, 1973, and continuing at all times thereafter to date Respondent has refused, and continues to refuse, to recognize and bargain with the Union as the exclusive representa- tive of the employees in the aforesaid appropriate unit and has refused, and continues to refuse, to im- plement the terms of the collective-bargaining agree- ment referred to in subparagraph 2, above. Accordingly, we find that by such conduct Re- spondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act. IV. THE EFFECTS OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in sec- tion III, above, occurring in connection with its 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 obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that the 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 take certain affirmative action designed to effectuate the policies of the Act. To remedy Respondent's violations of Section 8(a)(5) and (1) of the Act, we shall order that it cease and desist from recognizing and bargaining with the Union and from refusing to implement the terms of said agreement executed on or about June 11, 1973, and to make back payments to the contractual insur- ance, pension, and vacation funds. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Respondent, Papp and Co., Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Sheet Metal Workers International Association, Local Union No. 17, AFL-CIO, is a labor organiza- tion within the meaning of Section 2(5) of the Act. 3. By the acts described in section III, A, Respon- dent has interfered with, restrained, and coerced its employees in the exercise of rights guaranteed in Sec- tion 7 of the Act and thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) and (5) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the mean- ing of Section 2(6) and (7) of the Act. PAPP AND CO., INC. 943 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, Papp and Co ., Inc., its officers , agents, successors, and assigns , shall: 1. Cease and desist from: (a) Refusing to recognize and bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with Sheet Met- al Workers International Association , Local Union 17, AFL-CIO, as the exclusive collective-bargaining representative of its employees in the following ap- propriate unit: All sheet metal workers employed by Respon- dent at its Holbrook plant , exclusive of office clerical and professional employees , guards, and all supervisors as defined in Section 2(11) of the Act. (b) Refusing to implement the terms of the collec- tive-bargaining agreement , executed on or about June 11, 1973, between Respondent and Sheet Metal Workers International Association , Local Union 17, AFL-CIO, including the payment of contributions into the contractual insurance , pension, and vacation funds. (c) In any like or related manner interfering with, restraining , or coercing employees in the exercise 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 , recognize and bargain with the above -named labor organization as the exclusive bar- gaining representative of all employees in the afore- said appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of em- ployment. (b) Honor and comply with all terms of the collec- tive-bargaining agreement referred to in paragraph 1(b), above , and make all back payments into the contractual insurance , pension , and vacation funds. (c) Post at its place of business at Water Street in Holbrook , Maassachusetts , copies of the attached notice marked "Appendix ." I Copies of said notice, on forms provided by the Regional Director for Re- gion 1 , after being duly signed by Respondent's rep- resentative , shall be posted by Respondent immedi- ately upon receipt thereof , and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employ- ees are customarily posted . Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other materi- al. (d) Notify the Regional Director for Region 1, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply here- with. 1 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 refuse to bargain collectively con- cerning rates of pay, wages, hours, and other terms and conditions of employment with Sheet Metal Workers International Association, Local Union 17, AFL-CIO, as the exclusive represen- tative of the employees in the bargaining unit described below. WE WILL NOT refuse to implement the terms of the collective-bargaining agreement of June 11, 1973, with the above-named Union, including the payment of contributions to the contractual insurance, pension, and vacation funds. WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce employees in the exercise of the rights guaranteed them in Section 7 of the Act. WE WILL, upon request, bargain with the above-named Union as the exclusive representa- tive of all employees in the bargaining unit de- scribed below, with respect to rates of pay, wag- es, hours, and other terms and conditions of em- ployment. The bargaining unit is: All sheet metal workers employed by Re- spondent at its Holbrook plant, exclusive of office clerical and professional employees, guards, and all supervisors as defined in Sec- tion 2(11) of the Act. WE WILL honor and comply with all terms of the collective -bargaining agreement referred to above and make all back payments into the con- tractual insurance, pension , and vacation funds. PAPP AND CO., INC.