Pignotti Sheet Metal

National Labor Relations Board - Board Decisions

Jul 13, 1981

256 N.L.R.B. 1183 (N.L.R.B. 1981)

PIGNOTTI SHEET METAL 1183
Pignotti Sheet Metal and Sheet Metal Workers' In-
ternational Association, Local No. 3. Case 17-
CA-10068
July 13, 1981
DECISION AND ORDER
Upon a charge filed on December 3, 1980, by
Sheet Metal Workers' International Association,
Local No. 3, and duly served on Respondent, Pig-
notti Sheet Metal, the General Counsel of the Na-
tional Labor Relations Board, by the Regional Di-
rector for Region 17, issued a complaint on Janu-
ary 9, 1981, against Respondent, alleging that Re-
spondent had engaged in and was engaging in
unfair labor practices affecting commerce within
the meaning of Section 8(a)(1) and Section 2(6) and
(7) of the National Labor Relations Act, as amend-
ed. Copies of the charge and complaint and notice
of hearing before an administrative law judge were
duly served on the parties to this proceeding. Re-
spondent to date has failed to file an answer to the
complaint.
With respect to the alleged unfair labor prac-
tices, the complaint alleges that Respondent has
violated and is violating Section 8(a)(l) of the Act
by interrogating employees on October 5, 1980,
concerning their own and other employees' union
membership, activities, and desires; by telling em-
ployees on October 16, 1980, it would physically
injure a union representative if the latter spoke to
employees; by informing employees during the
week of December 8, 1980, that it would be futile
for them to select the Union as their bargaining
agent because Respondent would not recognize or
bargain with the Union; by threatening employees
on various dates in early and mid-October 1980
with termination or other reprisals if they did not
tell the Union that they were no longer interested
in representation; and that by the foregoing con-
duct Respondent has interfered with, restrained,
and coerced, and is interfering with, restraining,
and coercing, employees in the exercise of the
rights guaranteed them in Section 7 of the Act, and
that Respondent thereby has been engaging in
unfair labor practices within the meaning of Sec-
tion 8(a)(1) of the Act, and that these unfair labor
practices affect commerce within the meaning of
Section 2(6) and (7) of the Act.
On April 6, 1981, the General Counsel filed di-
rectly with the Board a Motion for Summary Judg-
ment based upon Respondent's failure to file an
answer as required by Section 102.20 of the
Board's Rules and Regulations, Series 8, as amend-
ed. Subsequently, on April 13, 1981, the Board
issued an Order Transferring Proceeding to the
Board and a Notice To Show Cause why the Gen-
256 NLRB No. 180
eral Counsel's Motion for Summary Judgment
should not be granted. Respondent has failed to file
a response to the Notice To Show Cause.
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 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 duly served
on Respondent specifically states that unless an
answer to the complaint is filed by Respondent
within 10 days of service thereof "all of the allega-
tions in the complaint shall be deemed to be ad-
mitted to be true and may be so found by the
Board." The complaint issued on January 9, 1981.
According to the Motion for Summary Judgment,
counsel for the General Counsel, on March 5,
1981, was advised by Respondent by telephone that
it would not file an answer to the complaint. Coun-
sel for the General Counsel informed Respondent
by letter dated March 6, 1981, that unless an
answer was filed by March 11, 1981, the General
Counsel would move for summary judgment by
the Board. Nevertheless, Respondent failed to file
an answer.
As noted, Respondent has not filed an answer to
the complaint, nor did it file a response to the
Notice To Show Cause and, therefore, the allega-
tions of the General Counsel's Motion for Sum-
mary Judgment stand uncontroverted. No good
cause to the contrary having been shown, in ac-
cordance with the rules set forth above, the allega-
tions 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:
PIGNOTTI SHEET METAL
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENT
Respondent is now, and has been at all times ma-
terial herein, a State of Nebraska corporation and is
engaged in the installation and servicing of air-con-
ditioning and heating systems and other sheet metal
products in Omaha, Nebraska. Respondent in the
course and conduct of its business operations
within the State of Nebraska annually purchases
goods and services valued in excess of $50,000, di-
rectly from sources located outside 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, and
that it will effectuate the policies of the Act to
assert jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
Sheet Metal Workers' International Association,
Local No. 3, is a labor organization within the
meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
The 8(a)(l) Violations
On October 5, 1980, Respondent, by its owner
Antonio G. Pignotti, interrogated its employees
about their own and other employees' union mem-
bership, activities, and desires. On October 16,
1980, Respondent, by its owner Antonio G. Pig-
notti, told employees that it would injure a union
representative if the latter spoke to employees. In
the week of December 8, 1980, Respondent, by its
owner Antonio G. Pignotti, informed employees
that it would be futile for them to select the Union
as their bargaining representative because Respond-
ent would not recognize or bargain with the
Union. Finally, on various dates in early and mid-
October 1980, Respondent, by its owner Antonio
G. Pignotti, threatened employees with termination
or other reprisals if they did not tell the Union that
they were no longer interested in representation.
Accordingly, we find that by all of the conduct
described above, Respondent has interfered with,
restrained, and coerced, and is interfering with, re-
straining, and coercing employees in the exercise of
their rights guaranteed in Section 7 of the Act, and
accordingly we find that Respondent did thereby
engage in, and is engaging in, unfair labor practices
within the meaning of Section 8(a)(1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section
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 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)(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.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Pignotti Sheet Metal is an employer engaged
in commerce within the meaning of Section 2(6)
and (7) of the Act.
2. Sheet Metal Workers' International Associ-
ation Local No. 3, is a labor organization within
the meaning of Section 2(5) of the Act.
3. By the acts described in section III, above,
Respondent has interfered with, restrained, and co-
erced, and is interfering with, restraining, and co-
ercing its employees in the exercise of rights guar-
anteed in Section 7 of the Act, and thereby has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(1) of the Act.
4. 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,
Pignotti, Sheet Metal, Omaha, Nebraska, its offi-
cers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Interrogating its employees concerning their
own and other employees' union membership, ac-
tivities, and desires.
(b) Telling employees that it will injure a union
representative if the latter speaks to employees.
(c) Informing employees that it is futile for them
to select the Union as their bargaining representa-
tive because Respondent will not recognize or bar-
gain with the Union.
PIGNOTTI SHEET METAL 1185
(d) Threatening employees with termination or
other reprisals if they do not tell the Union that
they are no longer interested in representation.
(e) 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) Post at its facility in Omaha, Nebraska, copies
of the attached notice marked "Appendix."'
Copies of said notice, on forms provided by the
Regionat 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.
(b) Notify the Regional Director for Region 17,
in writing, within 20 days from the date of this
Order, what steps Respondent has 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
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT interrogate our employees
concerning their own or other employees
union membership, activities, and desires.
WE WILL NOT tell our employees that we
will injure a union representative if he or she
speaks to our employees.
WE WILL NOT inform our employees that it
is futile for them to select the Union as their
representative because we will not recognize
or bargain with the Union.
WE WILL NOT threaten our employees with
termination or other reprisals if they do not
tell the Union that they are no longer interest-
ed in representation.
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.
All our employees are free to become or remain,
or refrain from becoming or remaining members of
the Sheet Metal Workers' International Association
Local No. 3, or any other labor organization.
PIGNOTTI SHEET METAL.
PIGNOTT SHEET METAL