Blue & White Bus Co. of Watts, Inc.

National Labor Relations Board - Board Decisions

Aug 18, 1972

198 N.L.R.B. 973 (N.L.R.B. 1972)

BLUE & WHITE BUS COMPANY 973
Blue & White Bus Company of Watts, Inc. and United
Transportation Union . Cases 21-CA-10101 and
21-CA-10222
August 18, 1972
DECISION AND ORDER
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
Upon charges and an amended charge filed on
June 23 and August 13, 1971, and March 22, 1972,
respectively by United Transportation Union, herein
called the Charging Party, and duly served on Blue &
White Bus Company of Watts, Inc., herein called the
Respondent, the General Counsel of the National
Labor Relations Board, by the Regional Director for
Region 21, issued a consolidated complaint on April
21, 1972, against Respondent, alleging that Respon-
dent had engaged in and was engaging in unfair
labor practices affecting commerce within the mean-
ing of Section 8(a)(5), (3), (2), and (1) and Section
2(6) and (7) of the National Labor Relations Act, as
amended. Copies of the charge, 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
Respondent violated Section 8(a)(5), (2), and (1) of
the Act: (1) on or about April 15, 1971, by refusing to
bargain in good faith with the Charging Party and its
Local 1563, herein collectively called the Unions,
with respect to rates of pay, wages, hours of
employment, and other terms and conditions of
employment, and (2) on or about June 21, 1971, and
on numerous occasions thereafter, by encouraging
the employees to abandon their support of and/or
membership in the Unions and to join the Common-
wealth Guild, herein called Guild. The complaint
also alleges that: (1) because of the Respondent's
unfair labor practice conduct, the employees on July
17, 1971, concertedly ceased work and struck; (2)
that the Respondent violated Section 8(a)(3), (2), and
(1) of the Act by failing and refusing to accept the
unconditional offer of the employees to return to
their former or substantially equivalent positions; (3)
that Respondent, by failing and refusing to reinstate
the employees because they had joined or assisted
the Unions, had refused to abandon their support of
and/or membership in the Unions, had refused to
join the Guild, or had engaged in other concerted
activities for the purpose of collective bargaining or
mutual aid or protection and/or participated in the
strike, has committed an unfair labor practice within
the meaning of the Act. The Respondent did not file
an answer to the consolidated complaint.
On May 22, 1972, counsel for the General Counsel
filed directly with the Board a Motion for Summary
Judgment based upon Respondent's failure to file an
answer as required by Section 102.20 of the Board's
Rules and Regulations, Series 8, as amended.
Subsequently, on May 26, 1972, 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. Respondent failed to file 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
National Labor Relations Board has delegated its
authority 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 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
admitted to be true and shall be so found by the
Board, unless good cause to the contrary is
shown.
The complaint and notice of hearing served on the
Respondent specifically stated that unless an answer
was filed to the complaint within 10 days from the
service thereof "all of the allegations of the com-
plaint shall be deemed to be admitted to be true and
may be so found by the Board." As noted, the
Respondent did not at any time file an answer to the
complaint, nor did it file a response to the Notice To
Show Cause. No good cause to the contrary having
been shown, in accordance with the rules set forth
above, the allegations in the complaint are deemed to
be admitted and are found to be true.' We shall,
accordingly, grant the Motion for Summary Judg-
ment.
On the basis of the entire record, the Board makes
the following:
i Wilson and Sons, 193 NLRB No. 51, and cases cited therein
198 NLRB No. 134
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Respondent, a California corporation, maintains
its office and terminal at 210 East 121st Street, Los
Angeles, California, and is, and has been at all times
material herein, engaged in providing public bus
transportation services in the Los Angeles, Califor-
nia, area. Respondent annually, in the normal course
and conduct of its business operations, derived gross
revenues in excess of $250,000 and also purchased
and received goods, products, supplies, equipment,
and services, and received finances valued in excess
of $2,500 directly from suppliers located outside the
State, or directly from suppliers located within the
State who, received those goods, products, supplies,
equipment, services, and finances directly from
outside the State.
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 ORGANIZATIONS INVOLVED
United Transportaiton Union and its Local 1563
are labor organizations within the meaning of
Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The 8(a)(5) Violation
1. The unit
The following employees of the Respondent
constitute a unit appropriate for collective-bargain-
ing within the meaning of Section 9(b) of the Act:
All bus drivers, mechanics, and servicemen
employed by Respondent at its terminal located
at 210 East 121st Street, Los Angeles, California;
excluding all office clerical employees, dispatch-
ers, guards, watchmen, and supervisors.
2. The certification
On May 9, 1968 , a majority of the employees of
Respondent in said unit , in a secret ballot election
conducted under the supervision of the Regional
Director for Region 21, designated Brotherhood of
Railroad Trainmen , AFL-CIO, CLC, herein called
the Trainmen , as their representative for the purpose
of collective bargaining with the Respondent and on
May 17, 1968, the Regional Director certified the
Trainmen as the exclusive collective -bargaining
representative of the employees in said unit . Between
May and July 1968, the Unions became the successor
to the Trainmen and continued to be such exclusive
representative within the meaning of Section 9(a) of
the Act. The Unions were parties to successive
collective-bargaining agreements with Respondent,
the most recent bargaining agreement having a term
of July 1, 1968, to June 30, 1971.
3. The request to bargain and Respondent's
refusal
Commencing on or about April 15, 1971, and at all
times thereafter , the Unions have requested the
Respondent to bargain collectively with it as the
exclusive collective-bargaining representative of all
the employees in the above-described unit with
respect to rates of pay, wages, hours of employment,
and other terms and conditions of employment.
Commencing on or about April 15, 1971, and
continuing at all times thereafter to date, the
Respondent has refused , and continues to refuse to
bargain in good faith with the Unions and has
engaged in , and continues to engage in, overall
surface and bad-faith bargaining, including but not
limited to, failing to give binding authority to any
member of its negotiating team , engaging in dilatory
tactics, failing to meet and bargain at reasonable
times and places , failure to discuss paycheck and
insurance issues , repeatedly suggesting to unit em-
ployees that they abandon the Unions and join the
Guild, and failing to make either contract proposals
or counterproposals.
Accordingly, we find that the Respondent has,
since April 15, 1971, and at all times thereafter,
refused to bargain collectively and in good faith with
the Unions as the exclusive representative of the
employees in the appropriate unit with respect to
rates of pay, wages, hours of employment, and other
terms and conditions of employment, and that by
such conduct , Respondent has engaged in and is
engaging in unfair labor practices within the meaning
of Section 8(a)(5) and (1) of the Act.
B. The 8(a)(3) Violation
On or about July 17, 1971, Respondent's employ-
ees in the appropriate unit ceased work concertedly
and went on strike. The cessation of work and the
strike were caused and prolonged by Respondent's
unfair labor practice conduct.
On or about August 9, 1971, and at all times
thereafter, Respondent has failed and refused to
accept the unfair labor practice strikers' uncondition-
al offer to return to their former or substantially
equivalent positions of employment and failed and
refused to reinstate them because they had joined or
BLUE & WHITE BUS COMPANY 975
assisted the Unions, or had refused to abandon their
support of and/or membership in the Unions, or
either of them, or had refused to join the Guild, or
had engaged in other concerted activities for the
purpose of collective bargaining or mutual aid or
protection and/or participated in the July 17, 1971,
strike.
Accordingly, we find that Respondent, by the
conduct described above, discriminated in regard to
the terms and conditions of employment of its
employees, thereby discouraging membership in a
labor organization and that by such conduct Respon-
dent has engaged in and is engaging in unfair labor
practices within the meaning of Section 8 (a)(3) and
(1) of the Act.
C. The 8(a)(2) Violation
On June 21, 1971, and on numerous occasions
thereafter , Respondent attempted to persuade em-
ployees in the appropriate unit to abandon their
support of and/or membership in the Unions and to
join the Guild. By the aforesaid conduct, Respondent
has rendered, and is rendering, unlawful aid and
assistance and support to the Guild.
Accordingly, we find that by such conduct Respon-
dent interfered with the formation and administra-
tion of a labor organization and has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(2) and (1) 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 its opera-
tions 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 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), (3), (2), and (1) of the
Act, we shall order that it cease and desist therefrom
and take certain affirmative action designed to
effectua- the policies of the Act.
To remedy the Respondent's violation of Section
8(a)(5) and (1) of the Act, we shall order that it cease
and desist therefrom, and, upon request, bargain
collectively with the Union as the exclusive repre-
sentative of all employees in the appropriate unit,
and, if an understanding is reached , embody such
understanding in a signed agreement.
In order to insure that the employees in the
appropriate unit will be accorded the services of their
selected bargaining agent for the period provided by
law, we shall construe the initial period of certifica-
tion as beginning on the date Respondent commenc-
es to bargain in good faith with the Union as the
recognized bargaining representative in the appropri-
ate unit . See Mar-Jac Poultry Company, Inc., 136
NLRB 785; Commerce Company d/b/a Lamar Hotel,
140 NLRB 226, 229, enfd. 328 F.2d 600 (C.A. 5),
cert . denied 379 U.S. 817 ; Burnett Construction
Company, 149 NLRB 1419, 1421, enfd. 350 F.2d 57
(C.A. 10).
Having found that the Respondent discriminatorily
violated Section 8(a)(3) and (1) of the Act by failing
and refusing on or about August 9, 1971, to accept
the unfair labor practice strikers ' unconditional offer
to return to work and by failing and refusing to
reinstate them to their former positions , we shall
order the Respondent to offer them immediate and
full reinstatement to their former jobs or, if those
jobs no longer exist , to substantially equivalent
positions, without prejudice to their seniority and
other rights and privileges, if necessary, by discharg-
ing other employees who may have replaced them,
and make them whole for any loss of earnings they
may have suffered by payment to them of sums of
money equal to the full amounts they normally
would have earned as wages from the dates of their
unconditional offer to return to work of August 9,
1971, to the date of the Respondent's reinstatement
offer , less net earnings , in accordance with the
formula set forth in F. W. Woolworth Company, 90
NLRB 289, and Isis Plumbing & Heating Co., 138
NLRB 716.
Further, having found that Respondent also
violated Section 8(a)(2) and (1) of the Act by
attempting to persuade the employees to abandon
their support of and/or membership in the Union
and to join the Guild, we shall order that Respondent
cease and desist from continuing this conduct.
Since the unfair labor practices committed by the
Respondent were of a character which go to the very
heart of the Act, we shall order the Respondent to
cease and desist from infringing in any other manner
upon the rights of employees guaranteed by Section 7
of the Act.
The Board, upon the basis of the foregoing facts
and the entire record , makes the following:
CONCLUSIONS OF LAW
1. Blue & White Bus Company of Watts, Inc., is
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. United Transportation Union and its Local
1563 are labor organizations within the meaning of
Section 2(5) of the Act.
3. All bus drivers, mechanics, and servicemen
employed by Respondent at its terminal located at
210 East 121st Street, Los Angeles, California;
excluding all office clerical employees, dispatchers,
guards, watchmen, and supervisors, constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act.
4. On May 9, 1968, the Trainmen was the
certified and exclusive representative of all employ-
ees in the aforesaid appropriate unit for the purpose
of collective bargaining within the meaning of
Section 9(a) of the Act. Between May and July 1968,
the Unions became the successor to the Trainmen
and continued to be such exclusive representative
within the meaning of Section 9(a) of the Act.
5. By refusing on or about April 15, 1972, and at
all times thereafter, to bargain collectively with the
Unions as the exclusive bargaining representative of
all the employees of Respondent in the appropriate
unit, 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 acts described in section III, A, B, and
C, 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)(5),
(3), (2), and (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,
Blue & White Bus Company of Watts, Inc., its
officers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages, hours, and other terms and
conditions of employment, with United Transporta-
tion Union and its Local 1563 as the exclusive
bargaining representative of its employees in the
following appropriate unit:
All bus drivers, mechanics, and servicemen
employed by Respondent at its terminal located
at 210 East 121st Street, Los Angeles, California;
excluding all office clerical employees, dispatch-
ers, guards, watchmen, and supervisors.
(b) Discouraging membership in, or activities on
behalf of, United Transportation Union or its Local
1563, or any other labor organization, by failing or
refusing to reinstate any employees or otherwise
discriminating in regard to hire or tenure of employ-
ment or any terms or conditions of employment of
any of its employees because of their union activities.
(c) Assisting the Commonwealth Guild by urging
unit employees to abandon their support of and/or
membership in United Transportation Union or its
Local 1563.
(d) In any other manner interfering with, restrain-
ing, 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) Upon request, bargain with the above-named
labor organization 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, if an under-
standing is reached, embody such understanding in a
signed agreement.
(b) Offer to the unfair labor practice strikers, whose
August 9, 1971, unconditional offer to return to work
had been rejected by the Respondent, immediate and
full reinstatement to their former or substantially
equivalent positions, without prejudice to their
seniority or other rights and privileges, if necessary
by discharging other employees who may have
replaced them.
(c) Make whole the unfair labor practice strikers in
the manner set forth in the section entitled "The
Remedy," for any loss of pay each may have suffered
by reason of the Respondent's discrimination against
him.
(d) Notify immediately any unfair labor practice
striker, if presently serving in the Armed Forces of
the United States, of the right to full reinstatement
upon application, after discharge from the Armed
Forces, in accordance with the Selective Service Act
and the Universal Military Training and Service Act.
(e) 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 analyze the amount of
backpay due under the terms of this Order.
(f) Post at its Los Angeles, California, office and
BLUE & WHITE BUS COMPANY 977
terminal, 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 representa-
tive, 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 Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(g) Notify the Regional Director for Region 21, in
writing, within 20 days from the date of this Order,
what steps the Respondent has 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 read "Posted pursuant to a
Judgment of the United States Court of Appeals enforcing an Order of the
National Labor Relations Board."
APPENDIX
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 United
Transportation Union and its Local 1563 as the
exclusive representative of the employees in the
bargaining unit described below.
WE WILL NOT discourage membership in, or
activities on behalf of, United Transportation
Union or its Local 1563, or any other labor
organization, by failing or refusing to reinstate
any employees or otherwise discriminating in
regard to hire or tenure of employment or any
terms or conditions of employment of any of the
employees because of their union activities.
WE WILL NOT assist the Commonwealth Guild
by urging unit employees to abandon their
support of and/or membership in the United
Transportation Union or its Local 1563.
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the
exercise of the rights guaranteed them by Section
7 of the Act.
WE WILL, upon request, bargain with the
above-named Unions, as the exclusive representa-
tive of all employees in the bargaining unit
described below, with respect to rates of pay,
wages, hours, and other terms and conditions of
employment, and, if an understanding is reached,
embody such understanding in a signed agree-
ment. The bargaining unit is:
All bus drivers, mechanics, and servicemen
employed by Respondent at its terminal
located at 210 East 121st Street, Los Ange-
les, California; excluding all office clerical
employees, dispatchers, guards, watchmen,
and supervisors.
WE WILL offer to the unfair labor practice
strikers immediate and full reinstatement to their
former or substantially equivalent positions,
without prejudice to their seniority or other rights
and privileges, if necessary by discharging other
employees who may have replaced them.
WE WILL make whole the unfair labor practice
strikers for any loss of pay each may have
suffered as a result of the discrimination practiced
against him.
All employees are free to become, remain, or to
refrain from becoming or remaining, members of any
labor organization.
BLUE & WHITE BUS
COMPANY OF WATTS,
INC.
(Employer)
Dated By
(Representative) (Title)
We will notify immediately any unfair labor practice
striker, if presently serving in the Armed Forces of
the United States, of the right to full reinstatement,
upon application after discharge from the Armed
Forces, in accordance with the Selective Service Act
and the Universal Military Training and Service Act.
This is an official notice and must not be defaced
by anyone.
This notice must remain posted for 60 consecutive
days from the date of posting and must not be
altered, defaced, or covered by any other material.
Any questions concerning this notice or compli-
ance with its provisions may be directed to the
Board's Office, Eastern Columbia Building, 849
South Broadway, Los Angeles, California 90014,
Telephone 213-688-5200.