Wilson & Sons

National Labor Relations Board - Board Decisions

Sep 24, 1971

193 N.L.R.B. 350 (N.L.R.B. 1971)

350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Jerry C. Wilson, Curtis Wilson and Rodney V. Wilson
d/b/a Wilson & Sons and International Brother-
hood of Electrical Workers, Local Union No. 543,
AFL-CIO. Cases 21-CA-9558 and 21-CA-9952
September 24, 1971
DECISION AND ORDER
By CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
Upon charges filed on September 30, 1970, and
April 16, 1971, by International Brotherhood of
Electrical Workers, Local Union No. 543, AFL-CIO,
herein called the Union, and duly served on Jerry C.
Wilson, Curtis Wilson and Rodney V. Wilson d/b/a
Wilson & Sons, herein called the Respondent, the
General Counsel of the National Labor Relations
Board, by the Regional Director for Region 21, issued
an Order Consolidating Cases, Consolidated Com-
plaint, and Notice of Hearing on May 27, 1971,
against Respondent, alleging that Respondent had
engaged in and was engaging in unfair labor practices
affecting commerce 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 charges, and the Order Consolidating Cases,
Consolidated Complaint and Notice of Hearing
before a Trial Examiner were duly served on the
parties to this proceeding.
With respect to the unfair labor practices, the
consolidated complaint alleges, in substance, that on
October 17, 1969, the Respondent and Union entered
into a collective-bargaining agreement, effective
October 17, 1969, through March 31, 1972, with
provision for automatic yearly extension, in which the
Respondent agreed to recognize the Union as the
collective-bargaining representative of all of its
employees in the following appropriate unit of:
All construction and maintenance employees,
performing work within the approved jurisdiction
of the Union, including all foremen, all working
foremen, technicians, journeymen linemen, equip-
ment operators, splicers, groundmen, utility men,
and apprentices, employed by the Employer;
excluding all office and clerical employees, profes-
sional employees, guards, and supervisors as
defined in the Act.
The consolidated complaint further alleges that
commencing on or about April 1, 1970, and at all
times thereafter, Respondent has refused, and contin-
ues to date to refuse, to bargain collectively in good
faith with the Union with respect to rates of pay,
wages, hours of employment, and other terms and
conditions of employment of the employees in the
unit, and that the Respondent did, without prior
notification to the Union, change the terms and
conditions of employment of said employees by
engaging in conduct which includes, but is not limited
to, discontinuance of contributions to the Harrison
Electrical Workers Trust Fund and National Electri-
cal Benefit Fund, herein called the Trust Funds,
required by the collective-bargaining agreement and
refusal to deduct dues from the earnings of said
employees and remit these dues to the Union, as
required by said agreement. The Respondent failed to
file an answer to the consolidated complaint.
On July 14, 1971, counsel for the General Counsel
filed directly with the Board a Motion for Summary
Judgment based upon the Respondent's failure to file
a timely answer as required by Sections 102.20 and
102.22 of the Board's Rules and Regulations. Subse-
quently, on July 19, 1971, the Board issued an order
transferring the proceeding to the Board and a Notice
To Show Cause why the General Counsel's Motion
for Summary Judgment should not be granted. The
Respondent failed to 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
National Labor Relations Board has delegated its
powers in connection with 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 thereto.
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 admit-
ted to be true and shall be so found by the Board,
unless good cause to the contrary is shown.
The Order Consolidating Cases, Consolidated
Complaint and Notice of Hearing served on the
Respondent specifically stated that unless an answer
was filed to the consolidated complaint within 10 days
from the service thereof, "all of the allegations in said
Consolidated Complaint shall be deemed to be
admitted to be true and may be so found by the
193 NLRB No. 51
WILSON & SONS 351
Board ." The Respondent did not file an answer to the
consolidated complaint within 10 days from the
service of the consolidated complaint, or at any other
time. No good cause to the contrary having been
shown , in accordance with the rule set forth above,
the allegations in the consolidated complaint against
the Respondent are deemed to be admitted to be true.
Accordingly , we find as true all the allegations of the
complaint against the Respondent . ' We shall , accord-
ingly, 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
At all times material herein , Respondent , Jerry C.
Wilson, Curtis Wilson and Rodney V. Wilson
copartners doing business under the trade name and
style of Wilson & Sons with its principal place of
business at 1817 Nordic Place, Orange, California,
has been engaged in the business of installing cable
television antenna systems.
During calendar year 1970, Respondent, in the
normal course and conduct of its business operations,
performed services valued in excess of $50,000 for
customers located outside the State of California.
We find , on the basis of the foregoing, that
Respondent 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
International Brotherhood of Electrical Workers,
Local Union No. 543, AFL-CIO, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Unit
The following employees of the Respondent consti-
tute a unit appropriate for collective -bargaining
purposes within the meaning of Section 9 (b) of the
Act:
All construction and maintenance employees,
performing work within the approved jurisdiction
of the Union , including all foremen , all working
foremen , technicians , journeymen linemen , equip-
ment operators , splicers, groundmen , utility men,
and apprentices , employed by the Employer;
excluding all office and clerical employees , profes-
sional employees , guards, and supervisors as
defined in the Act.
The Union has been the collective -bargaining
representative of the employees in said unit since
October 17, 1969, when the Respondent and Union
executed the collective-bargaining agreement effec-
tive October 17, 1969, through March 31, 1972, and
the Union continues to be such exclusive representa-
tive within the meaning of Section 9(a) of the Act.
B. The Request To Bargain and Respondent's
Refusal
Commencing on or about April 1, 1970, and at all
times thereafter , the Union has requested the Respon-
dent to bargain collectively with it as the exclusive
collective-bargaining representative of all the employ-
ees in the above-described unit . Commencing on or
about April 1, 1970, and continuing at all times
thereafter to date , the Respondent has refused, and
continues to refuse , to bargain in good faith with the
Union with respect to rates of pay, wages , hours of
employment , and other terms and conditions of
employment of the employees in said unit , and did,
without prior notification to the Union , change the
terms and conditions of employment of said employ-
ees by engaging in conduct which includes , but is not
limited to , discontinuance of contributions to the
Trust Funds , required by the collective -bargaining
agreement , and refusal to deduct dues from the
earnings of said employees and remit these dues to the
Union, as required by said agreement.
Accordingly, we find that the Respondent has, since
April 1, 1970, and at all times thereafter , refused to
bargain collectively in good faith with the Union with
respect to rates of pay , wages, hours of employment,
and other terms and conditions of employment of the
employees in the appropriate unit , that the Respon-
dent did , without prior notification to the Union,
change the terms and conditions of employment of
said employees by engaging in conduct which
includes, but is not limited to, discontinuance of
contributions to the Trust Funds required by the
collective -bargaining agreement and refusal to deduct
dues from the earnings of said employees and remit
these dues to the Union, as required by said
agreement, and that , by such refusal and unilateral
conduct , 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.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section
I Verve Records, Inc, 127 NLRB 1045, Liquid Carbonic Corporation, 116
NLRB 795.
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III, above, occurring in connection with its operations
described in section I, above, have a close, intimate,
and substantial relationship to trade, traffic, and
commerce among the several States and tend to lead
to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
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 take
certain affirmative action designed to effectuate the
policies of the Act.
As the Respondent on or about April 1, 1970, and at
all times thereafter, refused and still refuses to bargain
in good faith with the Union with respect to rates of
pay, wages, hours of employment, and other terms
and conditions of employment of the employees in the
appropriate unit, and did, without prior notification
to the Union, change the terms and conditions of
employment of said employees by engaging in
conduct which includes, but is not limited to,
discontinuance of contributions to the Trust Funds,
required by the collective-bargaining agreement, and
refusal to deduct dues from the earnings of said
employees and remit these dues to the Union, as
required by said agreement, we shall order that the
Respondent recognize and deal with the Union as the
exclusive bargaining representative of its employees
in the appropriate unit, by honoring the agreement
executed by it on October 17, 1969, in all its terms. In
honoring said agreement , Respondent shall make
contributions to the Trust Funds required by the
collective-bargaining agreement and deduct dues
from the earnings of said employees and remit these
dues to the Union, as required by said agreement.
The Board, upon the basis of the foregoing facts and
the entire record, makes the following:
CONCLUSIONS OF LAW
1. Respondent, Jerry C. Wilson, Curtis Wilson
and Rodney V. Wilson d/b/a Wilson & Sons, is an
employer engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
2. International Brotherhood of Electrical Work-
ers, Local Union No. 543, AFL-CIO, is a labor
organization within the meaning of Section 2(5) of the
Act.
3. All construction and maintenance employees,
performing work within the approved jurisdiction of
the Union, including all foremen, all working fore-
men, technicians , journeymen linemen , equipment
operators, splicers, groundmen, utility men, and
apprentices, employed by the Employer; excluding all
office and clerical employees, professional employees,
guards, 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 October 17, 1969, the above-named labor
organization has been the exclusive representative of
all employees in the aforesaid appropriate unit for the
purpose of collective bargaining within the meaning
of Section 9(a) of the Act.
5. By refusing on or about April I, 1970, and at all
times thereafter, to bargain collectively in good faith
with the above-named labor organization with respect
to rates of pay, wages, hours, and other terms and
conditions of employment of the employees of
Respondent in the appropriate unit and, without prior
notification to the Union, by changing the terms and
conditions of employment of said employees by
engaging in conduct which includes, but is not limited
to, discontinuance of contributions to the Trust
Funds, required by the collective-bargaining agree-
ment , and refusal to deduct dues from the earnings of
said employees and remit these dues to the Union, as
required by said agreement, Respondent has engaged
in and is engaging in unfair labor practices within the
meaning of Section 8(a)(5) of the Act.
6. By the aforesaid refusal to bargain, Respondent
has interfered with, restrained, and coerced, and is
interfering with , restraining , and coercing , employees
in the exercise of the rights guaranteed to 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 mean-
ing 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
Relations Board hereby orders that Respondent,
Jerry C. Wilson , Curtis Wilson and Rodney V. Wilson
d/b/a Wilson & Sons , its agents, successors, and
assigns , shall:
1. Cease and desist from:
(a) Refusing to bargain in good faith with the
International Brotherhood of Electrical Workers,
Local Union No. 543, AFL-CIO, concerning rates of
pay, wages , hours , and other terms and conditions of
employment of the employees in the appropriate unit,
and disregarding or refusing to carry out any of the
terms of the collective-bargaining agreement executed
by the Respondent on October 17, 1969.
(b) In any like or related manner interfering with,
WILSON & SONS
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) Bargain with the above-named labor organiza-
tion 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 honor and comply with all terms of
the agreement executed by the Respondent on
October 17, 1969.
(b) Make payments into the Harrison Electrical
Workers Trust Fund and National Electrical Benefit
Fund required by the collective-bargaining agreement
and deduct dues from the earnings of said employees
and remit these dues to the Union, as required by said
agreement.
(c) Preserve and, upon request, make available to
the Board or its agents, for examination and copying,
all payroll records, social security payment records,
timecards, personnel records and reports, and all
other records necessary to compute the amount of
payments due to the Harrison Electrical Workers
Trust Fund and National Electrical Benefit Fund and
the amount of dues deduction from the earnings of
said employees, as required by the collective-bargain-
ing agreement.
(d) Post at its Orange, California, place of business
copies of the attached notice marked "Appendix." 2
Copies of said notice, on forms provided by the
Regional Director for Region 21, 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 Respon-
dent to insure that said notices are not altered,
defaced, or covered by any other material.
(e) Notify the Regional Director for Region 21, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
2 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 be
changed to read "POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS ENFORCING AN ORDER
OF THE NATIONAL LABOR RELATIONS BOARD"
APPENDIX
353
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
concerning rates of pay, wages, hours, and other
terms and conditions of employment with Interna-
tional Brotherhood of Electrical Workers, Local
Union No. 543, AFL-CIO, as the exclusive
representative of the employees in the bargaining
unit described below.
WE WILL NOT refuse to recognize or deal with
the above-named Union, as the exclusive bargain-
ing representative of the employees in the bargain-
ing unit described below, by disregarding or
refusing to carry out the terms of the collective-
bargaining agreement executed by us on October
17, 1969, with said Union.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees in
the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL bargain with the above-named Union,
as the exclusive representative of all employees in
the bargaining unit described below, with respect
to rates of pay, wages, hours, and other terms and
conditions of employment. The bargaining unit is:
All construction and maintenance employ-
ees, performing work within the approved
jurisdiction of the Union, including all
foremen, all working foremen, technicians,
journeymen linemen , equipment operators,
splicers, groundmen, utility men, and appren-
tices, employed by the Employer; excluding
all office and clerical employees, professional
employees, guards, and supervisors as de-
fined in the Act.
WE WILL make payments into the Harrison
Electrical Workers Trust Fund and National
Electrical Benefit Fund required by the collective-
bargaining agreement and deduct dues from the
earnings of said employees and remit these dues to
the Union, as required by said agreement.
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
JERRY C. WILSON, This is an official notice and must not be defaced by
CURTIS WILSON AND anyone.
RODNEY V. WILSON This notice must remain posted for 60 consecutive
D/B/A WILSON & SONS days from the date of posting and must not be altered,
(Employer) defaced, or covered by any other material.
Any questions concerning this notice or compliance
Dated By with its provisions may be directed to the Board's
(Representative) (Title) Office, Room 600, Eastern Columbia Building, 849
South Broadway, Los Angeles, California 90014,
Telephone 213-688-5254.