Sneva's Rent-A-Car

National Labor Relations Board - Board Decisions

Jan 14, 1981

254 N.L.R.B. 321 (N.L.R.B. 1981)

SNEVA'S RENT-A-CAR
Sneva's Rent-A-Car and Coronet Enterprises, Inc.
and Paul Sheffield. Case 19-CA- 12146
January 14, 1981
DECISION AND ORDER
BY MEMBERS JENKINS, PENELLO, AND
TRUESDALE
Upon a charge filed on March 3, 1980,1 and
amended on April 14, by Paul Sheffield, an individ-
ual, and duly served on Sneva's Rent-A-Car and
Coronet Enterprises, Inc., herein collectively called
Respondent, the General Counsel of the National
Labor Relations Board, by the Regional Director
for Region 19, issued a complaint on April 16
against Respondent, alleging that Respondent had
engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of
Section 8(a)(3) and (1) and Section 2(6) and (7) of
the National Labor Relations Act, as amended.
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, however, failed to file an answer to the
complaint.
On September 5, counsel for the General Coun-
sel filed directly with the Board a motion to trans-
fer the case to the Board and Motion for Summary
Judgment. Thereafter, on September 11, the parties
entered into an informal settlement agreement
which was approved by the Acting Regional Di-
rector. On September 12, counsel for the General
Counsel withdrew his motion to transfer the case
to the Board and Motion for Summary Judgment.
On October 24, having determined that Respon-
dent had not complied in any respect with the set-
tlement agreement, the Regional Director notified
the parties that he was withdrawing approval of
the settlement agreement, issued an order reissuing
the complaint and resetting the hearing, and re-
issued the complaint and notice of hearing. Respon-
dent again failed to answer the complaint, and, on
November 18, counsel for the General Counsel
filed with the Board a motion to transfer the case
to the Board and Motion for Summary Judgment.
Subsequently, on December 1, the Board issued an
order transferring the proceeding to the Board and
a Notice To Show Cause why the General Coun-
sel's Motion for Summary Judgment should not be
granted. Respondent did not 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-
I All dates herein are in 1980
254 NLRB No. 36
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 Motion for Summary Judgment
Section 102.20 of the National Labor Relations
Board Rules and Regulations, 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 served on
Respondent after approval of the settlement agree-
ment was withdrawn specifically states that unless
an answer to the complaint is filed within 10 days
of the service thereof "all of the allegations in said
Complaint shall be deemed to be admitted to be
true and may be so found by the Board." Respon-
dent has not filed an answer to the complaint,
moved for an extension of time for the filing of an
answer, or otherwise sought to communicate with
the Regional Office regarding the same. Accord-
ingly, under the rule set forth above, no good
cause having been shown for the failure to file a
timely answer, the allegations of the complaint are
deemed admitted and are found to be true, and we
grant the General Counsel's Motion for Summary
Judgment.
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
Respondent Sneva's Rent-A-Car and Coronet
Enterprises, Inc., are Washington corporations
with offices and places of business located in Spo-
kane, Wasington. Sneva's Rent-A-Car is engaged in
providing taxicab service to the general public.
Coronet Enterprises, Inc., holds the operating per-
mits for all taxicab service provided in Spokane. At
all times material herein, the two Companies have
321
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
been affiliated business enterprises with common
officers, directors, management, and supervison;
have formulated and administered a common labor
policy affecting employees of said operations; have
shared common facilities; have provided services
for and made sales to each other; have inter-
changed personnel with each other; and have held
themselves out to the public as a single integrated
business enterprise. Accordingly, we find that
Sneva's Rent-A-Car and Coronet Enterprises, Inc.,
constitute a single integrated business enterprise
and a single employer within the meaning of the
Act.
During the year preceding issuance of the com-
plaint, a representative period, Respondent, in the
course and conduct of its business operations, had
gross sales of goods and services valued in excess
of $500,000. During the same period, Respondent
purchased and caused to be transferred and deliv-
ered to its facilities within the State of Washington
goods and materials valued in excess of $50,000 di-
rectly from sources outside said State or from sup-
pliers within said State which in turn obtained such
goods and materials directly from sources outside
said State.
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
Teamsters Union Local No. 582, affiliated with
the International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, is a
labor organization within the meaning of Section
2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
On or about February 22, Respondent dis-
charged employee Paul Sheffield, and since that
time has refused to reinstate him to his former or
substantially equivalent position of employment,
because he supported or assisted the Union and en-
gaged in concerted activities for the purpose of
collective bargaining or other mutual aid and pro-
tection, and, also, because Respondent sought to
discourage employees from engaging in similar ac-
tivities. By this conduct, Respondent violated Sec-
tion 8(a)(3) and (1) of the Act.
In addition, on or about March 2, Respondent,
through Blaine Sneva, president and general man-
ager of Sneva's Rent-A-Car and a supervisor
within the meaning of Section 2(11) of the Act,
threatened an employee with loss of wages because
of that employee's activities on behalf of the
Union. Respondent thereby violated Section 8(a)(1)
of the Act.
IV. THE I:FFECT OF THE. UNFAIR ABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section
III, 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)(3) and (1) of the Act, we
shall order that it cease and desist therefrom, and
take certain affirmative action designed to effectu-
ate the policies of the Act. We have found that Re-
spondent discharged employee Paul Sheffield be-
cause he supported or assisted the Union and en-
gaged in protected concerted activities. According-
ly, we shall order that Respondent offer Paul Shef-
field immediate and full reinstatement to his former
job or, if that job no longer exists, to a substantiall-
ly equivalent position, without prejudice to his se-
niority or any other rights and privileges previous-
ly enjoyed, and make him whole for any loss of
pay suffered because of his unlawful discharge.
The backpay shall be computed in accordance with
the formula approved in F. W. Woolworth Compa-
ny, 90 NLRB 289 (1950), with interest computed as
provided in Florida Steel Corporation, 231 NLRB
651 (1977).2
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
I. Respondent Sneva's Rent-A-Car and Coronet
Enterprises, Inc., is an employer engaged in com-
merce within the meaning of Section 2(6) and (7)
of the Act.
2. Teamsters Union Local No. 582, affiliated
with the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of Amer-
ica, is a labor organization within the meaning of
Section 2(5) of the Act.
3. By discharging employee Paul Sheffield be-
cause he supported or assisted the Union and en-
2 See, generally, Iis Plumbhirg & Hearing Co., 138 NLRB 716 (1962).
Member Jenkins would compute interest in the manner set forth in his
partial dissent in Olynpic Medial Corporatlion, 250 NLRB 146 (1980).
322
SNEVA'S RENT-A-CAR
gaged in protected concerted activities, Respon-
dent violated Section 8(a)(3) and (1) of the Act.
4. By threatening an employee with loss of
wages because of that employee's union activities,
Respondent violated Section 8(a)(1) of the Act.
5. 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,
Sneva's Rent-A-Car and Coronet Enterprises, Inc.,
Spokane, Washington, its officers, agents, succes-
sors, and assigns, shall:
1. Cease and desist from:
(a) Discharging or otherwise discriminating
against employees because such employees support
or assist Teamsters Union Local No. 582, affiliated
with the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of Amer-
ica, or any other labor organization, or because
such employees engaged in protected concerted ac-
tivity.
(b) Threatening employees with loss of wages
because of their union activities.
(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) Offer Paul Sheffield immediate and full rein-
statement to his former job or, if that job no longer
exists, to a substantially equivalent position, with-
out prejudice to his seniority or any other rights or
privileges previously enjoyed.
(b) Make Paul Sheffield whole for any loss of
earnings that he may have suffered due to the dis-
crimination practiced against him by paying him a
sum equal to what he would have earned, less any
net interim earnings, plus interest, in the manner
provided in the section entitled "The Remedy."
(c) Preserve and, upon request, make available to
the Board or its agents, for examination and copy-
ing, all payroll records, social security payment re-
cords, timecards, personnel records and reports,
and all other records necessary to analyze the
amount of backpay due under the terms of this
Order.
(d) Post at its Spokane, Washington, facility
copies of the attached notice marked "Appendix. " "
:' In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the words in he notice reading "Posted by
Copies of said notice, on forms provided by the
Regional Director for Region 19, after being duly
signed by Respondent's authorized representative,
shall be posted by Respondent immediately upon
receipt thereof, and be maintained by it for 60 con-
secutive days thereafter, in conspicuous places, in-
cluding all places where notices to employees are
customarily posted. Reasonable steps shall be taken
by Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(e) Notify the Regional Director for Region 19,
in writing, within 20 days from the date of this
Order, what steps Respondent has taken to comply
herewith.
()rder f the National Labor Rclatillon Hoard" shall read ioled I'ursu-
alit to a Judgment or the United Sta;lic Court of Appeals Enfolrcing an
Order of the Nati onal Labor R;lation,s Board.
APPENDIX
NOrTICE To EMPI.OYEIEIS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT discharge or otherwise dis-
criminate against employees because such em-
ployees support or assist Teamsters Union
Local No. 582, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, or any
other labor organization, or because such em-
ployees engage in protected concerted activ-
ity.
WE WILL NOT threaten any employee with
loss of wages because of that employee's union
activities.
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 National Labor Rela-
tions Act, as amended.
WE WILL offer Paul Sheffield immediate and
full reinstatement to his former job or, if his
job is no longer available, to a substantially
equivalent job, without prejudice to his senior-
ity and other rights and privileges previously
enjoyed.
WE WIlt. make Paul Sheffield whole for
any loss of earnings that he may have suffered
as a result of our discrimination against him,
together with interest.
SNEVA'S RE.NT-A-CAR ANI) CORONET
ENTERPRISES, INC.
323