Auto Resources Group of LAP

National Labor Relations Board - Board Decisions

Jan 16, 2007

349 N.L.R.B. 4 (N.L.R.B. 2007)

349 NLRB No. 4
Auto Resources Group of Lap and General Drivers,
Warehousemen & Helpers, Local Union 89, af-
filiated with the International Brotherhood of
Teamsters. Case 9–CA–43000
January 16, 2007
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN
AND SCHAUMBER
The General Counsel in this case seeks default judg-
ment on the ground that Auto Resources Group of LAP,
the Respondent, has failed to file an answer to the com-
plaint. Upon a charge and an amended charge filed by
General Drivers, Warehousemen & Helpers, Local Union
89, affiliated with the International Brotherhood of
Teamsters, the Union, on August 8 and October 3, 2006,
respectively, the General Counsel issued the complaint
on October 18, 2006, against the Respondent, alleging
that it has violated Section 8(a)(1) and (5) of the Act.
The Respondent failed to file an answer.
On November 16, 2006, the General Counsel filed a
Motion for Default Judgment and Memorandum in Sup-
port of Motion with the Board. Thereafter, on November
21, 2006, the Board issued an order transferring the pro-
ceeding 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.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides 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,
the Board may find, pursuant to a Motion for Default
Judgment, that all the allegations in the complaint are
true. Further, the undisputed allegations in the Motion
for Default Judgment disclose that the Region, by letter
dated November 6, 2006, notified the Respondent that
unless an answer was received by November 13, 2006, a
Summary Judgment Motion 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 Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation,
has been engaged in providing automobile releasing and
handling services for the Ford Motor Company at Ford’s
Louisville Assembly Plant in Louisville, Kentucky.
During the 12-month period preceding issuance of the
complaint, the Respondent, in conducting its operations
described above, provided services valued in excess of
$50,000 to the Ford Motor Company which, in turn, sold
and shipped goods valued in excess of $50,000 from its
Louisville Assembly Plant directly to points outside the
Commonwealth of Kentucky.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals held
the positions set forth opposite their respective names
and have been supervisors of the Respondent within the
meaning of Section 2(13) of the Act:
Steve Renne - President
Ryan Renne - Vice President of Operations
Danielle Hockett - Director of Administration
The following employees of the Respondent, the unit,
as provided for in the National Master Automobile
Transporters Agreement and local riders thereto, consti-
tute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the Act:
All plant release and loading and unloading employees
employed by [Respondent] at the [Ford Motor Com-
pany] Louisville Assembly plant, but excluding all of-
fice clerical employees and professional employees,
guards and supervisors as defined in the National Labor
Relations Act.
Since about 2000, when the Respondent commenced
performing services at the facility named above, the Un-
ion has been the designated exclusive collective-
bargaining representative of the unit employees, and
since that date, the Union has been recognized as the
representative by the Respondent. This recognition has
been embodied in successive collective-bargaining
agreements, the most recent of which is effective from
June 1, 2003, to May 31, 2008.
At all times since 2000, based on Section 9(a) of the
Act, the Union has been the exclusive collective-
bargaining representative of the unit employed by the
Respondent.
Since about May 22, 2006, the Respondent has failed
and refused to process any pending grievances as pro-
vided for under Article VII of the collective-bargaining
agreement described above.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
The subject set forth above relates to wages, hours, and
other terms and conditions of employment of the unit and
are mandatory subjects for the purposes of collective
bargaining.
By the conduct described above, the Respondent has
failed to continue in effect the terms and conditions of
the agreement described above.
The Respondent engaged in the conduct described
above without the consent of the Union.
CONCLUSION OF LAW
By failing to continue in effect the terms and condi-
tions of the 2003–2008 agreement by failing and refusing
to process any pending grievances as provided for under
Article VII of the agreement, the Respondent has been
failing and refusing to bargain collectively and in good
faith with the exclusive collective-bargaining representa-
tive of its employees, within the meaning of Section 8(d)
of the Act, in violation of Section 8(a)(1) and (5) of the
Act. The Respondent’s unfair labor practices affect
commerce within the meaning of 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 violated Section 8(a)(5) and
(1) by failing and refusing to bargain collectively and in
good faith with the Union, we shall order the Respondent
to recognize and bargain in good faith with the Union as
the exclusive collective-bargaining representative of the
unit employees. We shall also order the Respondent to
process any grievances pending since about May 22,
2006, as provided for under Article VII of the 2003-2008
collective-bargaining agreement and make the unit em-
ployees whole for any loss of earnings and other benefits
they may have suffered as a result of the Respondent’s
refusal, in the manner set forth in Ogle Protection Ser-
vice, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir.
1971), with interest as provided in New Horizons for the
Retarded, 283 NLRB 1173 (1987).
ORDER
The National Labor Relations Board orders that the
Respondent, Auto Resources Group of LAP, Louisville,
Kentucky, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively and in
good faith with General Drivers, Warehousemen &
Helpers, Local Union 89, affiliated with the International
Brotherhood of Teamsters, as the exclusive collective-
bargaining representative of its employees in the follow-
ing unit:
All plant release and loading and unloading employees
employed by [Respondent] at the [Ford Motor Com-
pany] Louisville Assembly plant, but excluding all of-
fice clerical employees and professional employees,
guards and supervisors as defined in the National Labor
Relations Act.
(b) Failing and refusing to continue in effect all the
terms of the Respondent’s June 1, 2003–May 31, 2008
collective-bargaining agreement with the Union by fail-
ing and refusing to process any pending grievances as
provided for under Article VII of the collective-
bargaining agreement.
(c) In any like or related manner interfering with, re-
straining, or coercing 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) Recognize and bargain in good faith with the Union
as the exclusive collective-bargaining representative of
the unit employees.
(b) Process any grievances which were pending since
about May 22, 2006, as provided for in Article VII of the
2003–2008 agreement, and make employees whole for
any losses attributable to its unlawful conduct, in the
manner set forth in the remedy section of this decision.
(c) Within 14 days after service by the Region, post at
its facility in Louisville, Kentucky, copies of the attached
notice marked “Appendix.”1 Copies of the notice, on
forms provided by the Regional Director for Region 9,
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 on or about May 22,
2006.

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.”
AUTO RESOURCES GROUP OF LAP 3
(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
comply.
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 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 behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT fail and refuse to bargain collectively and
in good faith with General Drivers, Warehousemen &
Helpers, Local Union 89, affiliated with the International
Brotherhood of Teamsters, as the exclusive collective-
bargaining representative of our employees in the follow-
ing unit:
All plant release and loading and unloading employees
employed by us at the Ford Motor Company Louisville
Assembly plant, but excluding all office clerical em-
ployees and professional employees, guards and super-
visors as defined in the National Labor Relations Act.
WE WILL NOT fail and refuse to continue in effect all
the terms and conditions of our June 1, 2003 to May 31,
2008 collective-bargaining agreement with the Union by
failing to process any pending grievances as provided for
under Article VII of the agreement.
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 recognize and bargain in good faith with the
Union as the exclusive collective-bargaining representa-
tive of our unit employees.
WE WILL process any grievances which were pending
since about May 22, 2006, as provided for in Article VII
of the 2003–2008 agreement, and make employees whole
for any losses attributable to our unlawful conduct, with
interest.
AUTO RESOURCES GROUP OF LAP