A & J Lumber Co.

National Labor Relations Board - Board Decisions

Sep 30, 1980

252 N.L.R.B. 955 (N.L.R.B. 1980)

A & J I.UMBER COMPANY
A & J Lumber Company, Inc. and International
Woodworkers of America, AFL-CIO, CLC.
Case 10-CA-15732
September 30, 1980
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBEIRS
JENKINS AND PENEI.I.O
Upon a charge and an amended charge filed on
April 16 and June 19, 1980,' respectively, by Inter-
national Woodworkers of America, AFL-CIO,
CLC, herein called the Union, and duly served on
A & J Lumber Company, Inc., herein called the
Employer or Respondent, the General Counsel of
the National Labor Relations Board, by the Re-
gional Director for Region 10, issued a complaint
and notice of hearing on June 26, against Respond-
ent, 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
charge and complaint and notice of hearing before
an administrative law judge were duly served on
the partes to this proceeding.
The complaint alleges that, by virtue of a collec-
tive-bargaining agreement between the Employer
and the Union, effective from August 13, 1979,
until August 13, 1982, herein referred to as the cur-
rent collective-bargaining agreement, the Union has
been the exclusive representative of the following
employees, herein called the unit employees, for
the purpose of collective bargaining:
All production and maintenance employees,
including lumber graders, and excluding office
clerical employees, professional and technical
employees, night watchmen, supervisors, over-
the-road truck drivers, sawers and saw filers.
The complaint further alleges that, by virtue of
Section 9(a) of the Act, the Union has been, and is
now, the exclusive representative of the unit em-
ployees for the purposes of collective bargaining
with respect to rates of pay, wages, hours of em-
ployment, and other terms and conditions of em-
ployment.
With respect to the unfair labor practices, the
complaint alleges that since January 2 and Febru-
ary 29, 1980, and continuing to date, the Respond-
ent has failed and refused to bargain collectively
with the Union as the exclusive collective-bargain-
ing representative of the unit employees. Specifical-
ly, the complaint alleges that Respondent has, since
January 2 and February 29, failed and refused to
I All dates herein are 1980, unless otherwise specifically stated.
252 NLRB No. 133
furnish the Union the information duly requested
by it."2 The complaint further alleges that since
May I Respondent has failed and refused to bar-
gain collectively with the Union as the exclusive
bargaining representative of all its employees with
respect to terms and conditions of employment,
and with respect to the effects of termination of
operations at its Oak Ridge, Tennessee, facility.3
Respondent has not filed an answer to the com-
plaint.
On August 14, counsel for the General Counsel
filed directly with the Board a Motion To Transfer
Case to and Continue Proceedings Before the
Board and for Summary Judgment. Subsequently,
on August 19, the Board issued an order transfer-
ring the proceeding to the Board and a Notice To
Show Cause why the General Counsel's Motion
for Summary Judgment should not be granted. Re-
spondent has not filed 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 National Labor Relations
Board Rules and Regulations, Series 8, as amended,
provides, inter alia: "All allegations in the com-
plaint, if no answer is filed . . . shall be deemed to
be admitted to be true and shall be so found by the
Board .... " As set forth above, Respondent has
not filed an answer to the complaint; the time
within which to file having passed, we find all alle-
gations in the complaint to be true. There being no
issue in dispute, we 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 RESPONDENT
The Employer, A & J Lumber Company, Inc., is
a Maryland corporation, with its principal office
and place of business in Oak Ridge, Tennessee. The
2 Par 10 of the complaint avers that the Union's second request for
information was made on February 29, while par. 12 of the complaint
dates Respondent's refusal to provide this information as having occurred
on February 25 and thereafter Obviously. the refusal could not have pre-
ceded the request and the February 25 date is the result of an Inadvertent
error. Accordingly, we have treated Respondent's second refusal as
haing occurred nrot before February 29 and as continuing to dale
' It is alleged i the complaint that Respondent terminated operations
at its Oak Ridge. Tennessee. facility on or about April I, 1980
955
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Employer is engaged in the manufacture and sale
of lumber within the State of Tennessee. During
the past calendar year, which period is representa-
tive of its operations during all times material
herein, the Employer, in the course and conduct of
its business operations, sold and shipped from its
Oak Ridge, Tennessee, facility finished products
valued in excess of $50,000 directly to customers
located outside the State of Tennessee.
We find, on the basis of the foregoing, that Re-
spondent is, and at all times material herein has
been, 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 Woodworkers of America, AFL-
CIO, CLC, is a labor organization within the
meaning of Section 2(5) of the Act.
I11. THE UNFAIR LABOR PRACTICES
The Employer and the Union are parties to a
collective-bargaining agreement, effective from
August 13, 1979, until August 13, 1982, which pro-
vides, inter alia, that the Union is the exclusive rep-
resentative of all the employees in the unit found to
be appropriate for the purpose of collective bar-
gaining. Since on or about January 2 and February
29, 1980, Respondent has failed and refused, and
continues to fail and refuse, to bargain collectively
with the Union as the exclusive bargaining repre-
sentative of all its employees, in the appropriate
bargaining unit, by refusing to furnish the Union
with all information requested by it with respect to
the name of the employees' insurance carrier, the
insurance coverage provided for unit employees,
the status of the Respondent's Oak Ridge, Tennes-
see, operation, the date of closing of that operation,
the site relocation of the operations, and the names
and addresses of plants, other than the relocated
plant, to which work from the Oak Ridge oper-
ation has been transferred. Furthermore, since on
or about May 1, Respondent has failed and refused,
and continues to fail and refuse, to bargain collec-
tively with the Union as the exclusive bargaining
representative of all its employees, in the appropri-
ate bargaining unit, with respect to the effects of
the termination of operations at its Oak Ridge,
Tennessee, facility.
Accordingly, we find that Respondent has, since
January 2, February 29, and May 1, and at all
times thereafter, refused to bargain collectively
with the Union as the exclusive representative of
the unit employees, and that, by such refusals, Re-
spondent has engaged in and is engaging in unfair
labor practices within the meaning of Section
8(a)(5) and (1) and Section 2(6) and (7) 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 the 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)(5) and (1) and Section 2(6)
and (7) of the Act, we shall order that it cease and
desist therefrom, furnish the Union the information
requested by it on January 2 and February 29, and,
upon request, bargain collectively with the Union
as the exclusive representative of all employees in
the appropriate unit.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. A & J Lumber Company, Inc., is an employer
engaged in commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
2. International Woodworkers of America,
AFL-CIO, CLC, is a labor organization within the
meaning of Section 2(5) of the Act.
3. All production and maintenance employees,
including lumber graders, and excluding office
clerical employees, professional and technical em-
ployees, night watchmen, supervisors, over-the-
road drivers, sawers and saw filers, constitute a
unit appropriate for the purpose of collective bar-
gaining within the meaning of Section 9(b) of the
Act.
4. Since August 13, 1979, by virtue of a collec-
tive-bargaining agreement with the above-named
employer, the above-named labor organization has
been the exclusive representative of all the employ-
ees in the aforesaid appropriate unit for the pur-
poses of collective bargaining within the meaning
of Section 9(a) of the Act.
5. By failing and refusing on or about January 2
and February 29, and at all times thereafter, to fur-
nish the Union the information requested by it, 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.
956
A & J LUMBER COMPANY
6. By failing and refusing on or about May I,
and at all times thereafter, to bargain collectively
with the Union as the exclusive bargaining repre-
sentative of the employees in the appropriate col-
lective-bargaining unit with respect to terms and
conditions of employment of said employees, and
with respect to the effects of its termination of op-
erations at its Oak Ridge, Tennessee, facility, 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.
7. By the aforesaid actions, Respondent has inter-
fered with, restrained, and coerced, and is interfer-
ing with, restraining, and coercing, employees in
the exercise of the rights guaranteed them 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)(l) of the Act.
8. 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,
A & J Lumber Company, Inc., Oak Ridge, Tennes-
see, its officers, agents, successors, and assigns,
shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with Interna-
tional Woodworkers of America, AFL-CIO, CLC,
as the exclusive bargaining representative of its em-
ployees in the unit herein found appropriate, with
respect to the terms and conditions of employment
of said employees and with respect to the effects of
its termination of operations at its Oak Ridge, Ten-
nessee, facility.
(b) Refusing to bargain collectively with the
Union, as the exclusive bargaining representative of
its employees in the unit herein found apppropriate,
with respect to the terms and conditions of em-
ployment of said employees, by failing and refusing
to furnish the Union with all information requested
by it with respect to the name of the employees'
insurance carrier, the insurance coverage provided
for unit employees, the status of Respondent's Oak
Ridge, Tennessee, operation, the date of closing of
that operation, the site of relocation of the oper-
ations, and the names and addresses of plants, other
than the relocated plant, to which work from the
Oak Ridge operation has been transferred.
(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) Furnish the Union with all information re-
quested by it on or about January 2 and February
29, 1980, with respect to the name of the employ-
ees' insurance carrier, the insurance coverage pro-
vided for unit employees, the status of its Oak
Ridge, Tennessee, facility, the date of closing of
that operation, the site of relocation of the oper-
ations, and the names and addresses of plants, other
than the relocated plant, to which work from the
Oak Ridge operation has been transferred.
(b) Upon request, bargain with the above-named
labor organization as the exclusive representative
of all employees in the unit described below, with
respect to the terms and conditions of employment
of said employees and with respect to the effects of
its termination of operations at its Oak Ridge, Ten-
nessee, facility. The bargaining unit is:
All production and maintenance employees, in-
cluding lumber graders, and excluding office
clerical employees, professional and technical
employees, night watchmen, supervisors, over-
the-road drivers, sawers and saw filers.
(c) Forthwith mail a copy of the attached notice
marked "Appendix" to each employee who was on
its Oak Ridge, Tennessee, payroll at the time of the
unfair labor practices herein found. Such notice is
to be mailed to the last known home address of
each employee.
(d) Post at its principal office in Oak Ridge, Ten-
nessee, and at all its other places of business, copies
of the attached notice marked "Appendix." 4
Copies of said notice, on forms provided by the
Regional Director for Region 10, 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.
(e) Notify the Regional Director for Region 10,
in writing, within 20 days from the date of this
Order, what steps Respondent has taken to comply
herewith.
4 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"
957
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE To EMPI.OYIES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively
with International Woodworkers of America,
AFL-CIO, CLC, as the exclusive representa-
tive of the employees in the bargaining unit
described below with respect to the terms and
conditions of employment of said employees,
and the effects of the termination of operations
at the Oak Ridge, Tennessee, facility.
WE WILL NOT refuse to furnish the Union
the information requested by it on or about
January 2 and February 29, 1980, with respect
to the name of the employees' insurance carri-
er, the insurance coverage provided for unit
employees, the status of the Oak Ridge, Ten-
nessee, operation, the date of closing of that
operation, the site of relocation of the oper-
ations, and the names and addresses of plants,
other than the relocated plant, to which work
from the Oak Ridge operation has been trans-
ferred.
WE WILL NOT in any like manner or related
manner interfere with, restrain, or coerce our
employees in the exercise of the rights guaran-
teed them by Section 7 of the Act.
WE WILL furnish the Union with all infor-
mation requested by it on or about January 2
and February 29, 1980, with respect to the
name of the employees' insurance carrier, the
insurance coverage provided for unit employ-
ees, status of the Oak Ridge, Tennessee, oper-
ation, the date of closing of that operation, the
site of relocation of the operations, and the
names and addresses of plants, other than the
relocated plant, to which work from the Oak
Ridge operation has been transferred.
WE WILL, upon request, bargain with the
above-named Union as the exclusive repre-
sentative of all employees in the bargaining
unit described below, with respect to the terms
and conditions of employment of said employ-
ees, and the effects of the termination of oper-
ations at the Oak Ridge, Tennessee, facility.
The bargaining unit is:
All production and maintenance employees,
including lumber graders, and excluding
office clerical employees, professional and
technical employees, night watchmen, super-
visors, over-the-road truck drivers, sawers
and saw filers.
A & J LUMBER COMPANY, INC.
958