Tru-Link Commercial

National Labor Relations Board - Board Decisions

Jun 26, 2002

337 N.L.R.B. 108 (N.L.R.B. 2002)

337 NLRB No. 108
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Tru-Link Commercial, Inc. and Pedro Lopez. Case
13–CA–39621
June 26, 2002
DECISION AND ORDER
BY MEMBERS LIEBMAN, COWEN, AND BARTLETT
The General Counsel in this case seeks summary
judgment on the ground that the Respondent has failed to
file an answer to the complaint. On a charge filed by
Pedro Lopez on August 30, 2001, the General Counsel
issued the complaint on November 14, 2001, against Tru-
Link Commercial, Inc., the Respondent, alleging that it
has violated Section 8(a)(1) of the Act. The Respondent
failed to file an answer.
On February 26, 2002, the Ge neral Counsel filed a
Motion for Summary Judgment with the Board. On Feb-
ruary 28, 2002, 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 Respondent
filed no response. The allegations in the motion 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, unless good cause
is shown. In addition, the complaint affirmatively states
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Further, the undisputed allegations in the Mo-
tion for Summary Judgment disclose that the Region, by
letter dated January 25, 2002, notified the Respondent
that unless an answer were received by February 1, 2002,
a Motion for Summary Judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’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, an Illinois cor-
poration, with an office and place of business in Chicago,
Illinois, has been engaged in the installation of fencing
and ironworks. During the 12-month period preceding
the issuance of the complaint, the Respondent in con-
ducting its operations derived gross revenues in excess of
$500,000, and purchased and received goods and valued
in excess of $50,000 directly from suppliers located out-
side the State of Illinois. We find that the Respondent is
an employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Wayne Walls has been the Presi-
dent of the Respondent, and has been a supervisor of the
Respondent within the meaning of Section 2(11) of the
Act and an agent of the Respondent within the meaning
of Section 2(13) of the Act.
About August 28, 2001, the Respondent’s employees
Pedro Lopez, Gumaro Hernandez, Martin Segoviano,
and Isaias Torres concertedly complained to the Respon-
dent regarding the wages, hours, and working conditions
of the Respondent’s employees by refusing to work until
the Respondent told its employees when they would be
paid.
About August 28, 2001, the Respondent discharged
Pedro Lopez, Gumaro Hernandez, Martin Segoviano,
and Isaias Torres.
The Respondent engaged in the conduct described
above because Pedro Lopez, Gumaro Hernandez, Martin
Segoviano, and Isaias Torres engaged in protected, con-
certed activity, and to discourage employees from engag-
ing in these or other concerted activities.
CONCLUSION OF LAW
By discharging Pedro Lopez, Gumaro Hernandez,
Martin Segoviano, and Isaias Torres because they con-
certedly complained to the Respondent regarding em-
ployee wages, hours, and working conditions by refusing
to work until the Respondent told employees when they
would be paid, the Respondent has been interfering with,
restraining, and coercing employees in the exercise of the
rights guaranteed 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.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent has violated Section 8(a)(1) of
the Act by discharging Pedro Lopez, Gumaro Hernandez,
Martin Segoviano, and Isaias Torres on August 28, 2001,
because they concertedly complained to the Respondent
regarding employee wages, hours, and working condi-
tions by refusing to work until the Respondent told em-
ployees when they would be paid, we shall order the Re-
spondent to offer Pedro Lopez, Gumaro Hernandez, Mar-
tin Segoviano, and Isaias Torres full reinstatement to
their former positions or, if those positions no longer
exist, to substantially equivalent positions, without
prejudice to their seniority or any other rights or privi-
leges previously enjoyed, and to make them whole for
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
any loss of earnings and other benefits suffered as a re-
sult of the Respondent’s unlawful conduct. Backpay
shall be computed in accordance with F.W. Woolworth
Co., 90 NLRB 289 (1950), with interest as prescribed in
New Horizons for the Retarded, 283 NLRB 1173 (1987).
The Respondent shall also be required to expunge from
its files any and all references to the unlawful discharges,
and to notify Lopez, Hernandez, Segoviano, and Torres
in writing that this has been done.
ORDER
The National Labor Relations Board orders that the
Respondent, Tru-Link Commercial, Inc., Chicago, Illi-
nois, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Discharging employees because they complain
about employee wages, hours, and working conditions by
refusing to work until the Respondent tells employees
when they will be paid.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exe rcise 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
Pedro Lopez, Gumaro Hernandez, Martin Segoviano,
and Isaias Torres full reinstatement to their former jobs
or, if those jobs no longer exist, to substantially equiva-
lent positions, without prejudice to their seniority or any
other rights or privileges previously enjoyed.
(b) Make Pedro Lopez, Gumaro Hernandez, Martin
Segoviano, and Isaias Torres whole for any loss of earn-
ings and other benefits suffered as a result of the dis-
crimination against them, with interest, in the manner set
forth in the remedy section of this decision.
(c) Within 14 days from the date of this Order, remove
from its files any reference to the unlawful discharge of
Pedro Lopez, Gumaro Hernandez, Martin Segoviano,
and Isaias Torres, and within 3 days thereafter notify
them in writing that this has been done and that the dis-
charge will not be used against them in any way.
(d) Preserve and, within 14 days of a request, or such
additional time as the Regional Director may allow for
good cause shown, provide at a reasonable place desig-
nated by the Board or its agents, all payroll records, so-
cial security payment records, timecards, personnel re-
cords and reports, and all other records including an elec-
tronic copy of such records if stored in electronic form,
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 Chicago, Illinois, copies of the attached
notice marked “Appendix.”1 Copies of the notice, on

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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
forms provided by the Regional Director for Region 13,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since August 28, 2001.
(f) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. June 26 , 2002

Wilma B. Liebman, Member

William B. Cowen, Member

Michael J. Bartlett, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD
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 had found that we
violated Federal labor law and has ordered us to post and
obey this notice.

FEDERAL LAW GIVES YOU THE RIGHT TO

Form, join, or assist a union
Choose representatives to bargain with us on your be-
half
Act together with other employees for your benefit and
protection
Choose not to engage in any of these protected activi-
ties.
WE WILL NOT discharge employees because they com-
plain about employee wages, hours, and working condi-
tions by refusing to work until we tell employees when
they will be paid.

ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
3
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 this Order,
offer Pedro Lopez, Gumaro Hernandez, Martin Segovi-
ano, and Isaias Torres full reinstatement to their former
jobs or, if those jobs no longer exist, to substantially
equivalent positions, without prejudice to their seniority
or any other rights or privileges previously enjoyed.
WE WILL make Pedro Lopez, Gumaro Hernandez,
Martin Segoviano, and Isaias Torres whole for any loss
of earnings and other benefits suffered as a result of the
discrimination against them, with interest.
WE WILL, within 14 days from the date of this Order,
remove from its files any reference to the unlawful dis-
charge of Pedro Lopez, Gumaro Hernandez, Martin Se-
goviano, and Isaias Torres, and WE WILL, within 3 days
thereafter, notify them in writing that this has been done
and that the discharge will not be used against them in
any way.
TRU-LINK COMMERCIAL, INC.