American Axle

National Labor Relations Board - Board Decisions

Jan 31, 2000

330 N.L.R.B. 84 (N.L.R.B. 2000)

330 NLRB No. 84
1
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.
Local 235, International Union, United Automobile,
Aerospace and Agricultural Implement Work-
ers of America (UAW), AFL–CIO (American
Axle) and Anthony Forsythe. Case 7–CB–12150
January 31, 2000
DECISION AND ORDER
BY MEMBERS LIEBMAN, HURTGEN, AND BRAME
Upon a charge filed by Anthony Forsythe on July 21,
1999, the General Counsel of the National Labor Rela-
tions Board issued a complaint on September 30, 1999,
against Local 235, International Union, United Automo-
bile, Aerospace and Agricultural Implement Workers of
America (UAW), AFL–CIO, the Respondent, alleging
that it has violated Section 8(b)(1)(A) of the National
Labor Relations Act. Although properly served copies of
the charge and complaint, the Respondent failed to file
an answer.
On December 6, 1999, the General Counsel filed a
Motion for Summary Judgment with the Board. On De-
cember 9, 1999, 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 notes
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 October 21, 1999, notified the Respondent
that unless an answer were received by October 29,
1999, a Motion for Default 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, American Axle & Manufacturing
Inc. (the Employer), a corporation with an office and
place of business at 1840 Holbrook Avenue, Detroit,
Michigan, has been engaged in the manufacture and non-
retail distribution of automobile parts. During the calen-
dar year ending December 31, 1998, a representative
period, the Employer, in the course of its business opera-
tions described above, manufactured, sold, and shipped
goods and materials valued in excess of $50,000 directly
from its Michigan facilities to customers located outside
of the State of Michigan. We find that the Employer is
an employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act and that the Respon-
dent is a labor organization within the meaning of Sec-
tion 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the individuals listed below have
held the positions listed opposite their names and have
been agents of the Respondent within the meaning of
Section 2(13) of the Act:

Wendy Thompson President
Jerry Richardson Shop Chairman
Thomas Lowe Shop Committeeman
(retired)

On about July 21, 1999, Charging Party Anthony
Forsythe, by letter, requested that the Respondent pro-
vide him with a copy of the grievance that he had filed
with respect to his termination in March 1995 by the
Employer, and all material in the Respondent’s posses-
sion relating to the grievance.
Since about July 21, 1999, the Respondent has failed
and refused to provide Forsythe with the above-described
requested information.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has restrained and coerced employees in the exer-
cise of rights guaranteed in Section 7 of the Act, and has
thereby engaged in unfair labor practices affecting com-
merce within the meaning of Section 8(b)(1)(A) and Sec-
tion 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(b)(1)(A), we shall order it to provide Anthony Forsythe
with a copy of the grievance that he had filed with re-
spect to his termination in March 1995 by the Employer,
and all material in the Respondent’s possession relating
to the grievance.
ORDER
The National Labor Relations Board orders that the
Respondent, Local 235, International Union, United
Automobile, Aerospace and Agricultural Implement
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
Workers of America (UAW), AFL–CIO, Detroit, Michi-
gan, its officers, agents, and representatives, shall
1.Cease and desist from
(a) Failing and refusing to provide employees with
copies of grievances that they file and all material in its
possession relating to those grievances.
(b) In any like or related manner restraining or coerc-
ing employees in the exercise 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) Provide Anthony Forsythe with a copy of the
grievance that he had filed with respect to his termination
in March 1995 by American Axle & Manufacturing Inc.,
and all material in the Respondent’s possession relating
to the grievance.
(b) Within 14 days after service by the Region, post at
its business offices and meeting places, copies of the
attached notice marked “Appendix.”1 Copies of the no-
tice, on forms provided by the Regional Director for Re-
gion 7, after being signed by the Respondent’s author-
ized representative, shall be posted by the Respondent
and maintained for 60 consecutive days in conspicuous
places including all places where notices to members are
customarily posted. Reasonable steps shall be taken by
the Respondent to ensure that the notices are not altered,
defaced or covered by any other material.
(c) Furnish the Regional Director for Region 7 signed
copies of the notice for posting by American Axle &
Manufacturing Inc., if willing, in places where notices to
employees are customarily posted.
(d) 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 com-
ply.

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-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
Dated, Washington, D.C. January 31, 2000

Wilma B. Liebman, Member

Peter J. Hurtgen, Member

J. Robert Brame III, 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 has found that we vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail and refuse to provide employees
with copies of grievances that they file and all material in
our possession relating to those grievances.
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act.
WE WILL provide Anthony Forsythe with a copy of the
grievance that he filed with respect to his termination in
March 1995 by American Axle & Manufacturing Inc.,
and all material in our possession relating to the griev-
ance.

LOCAL 235, INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW),
AFL–CIO