Brookstone Production Co.

National Labor Relations Board - Board Decisions

Mar 29, 1995

316 N.L.R.B. 933 (N.L.R.B. 1995)

933
316 NLRB No. 151
BROOKSTONE PRODUCTION CO.
1 Although the General Counsel did not send the Respondent a fur-
ther written warning of the consequences of failing to file an answer
to the complaint, this does not warrant denying the General Coun-
sel’s Motion for Summary Judgment. See Superior Industries, 289
NLRB 834, 835 fn. 13 (1988).
2 The Union’s letter requested that the Respondent provide it with
the following information in connection with the grievances of An-
drew Stevens, Ron Stearn, Miles O’Keefe, Marshall Avener, and
other performers:
At Home’’
1. Payment for Ron Stearn for show 19 as required by AFTRA
contract;
2. Cancelled checks and H & R reports showing contributions
made on behalf of Andrew Stevens and Miles O’Keefe. If no
contributions have been made then immediate payment with H
& R forms sent to this office;
3. Copies of H & R reports for shows 5,6 and 19;
4. Time Sheets for Andrew Stevens and Miles O’Keefe for all
shows they performed on. Time sheets for Ron Stearn for shows
7,8,9,10,11,19.
‘‘At Home For The Holidays’’
Continued
Brookstone Production Company and American
Federation of Television and Radio Artists,
Miami Local. Case 12–CA–16364
March 29, 1995
DECISION AND ORDER
BY CHAIRMAN GOULD AND MEMBERS COHEN
AND TRUESDALE
Upon a charge filed by the Union on June 30, 1994,
the General Counsel of the National Labor Relations
Board issued a complaint on November 30, 1994,
against Brookstone Production Company, the Respond-
ent, alleging that it has violated Section 8(a)(5) and (1)
of the National Labor Relations Act. Although prop-
erly served copies of the charge and complaint, the Re-
spondent failed to file an answer.
On February 27, 1995, the General Counsel filed a
Motion for Summary Judgment with the Board. On
February 28, 1995, the Board issued an order transfer-
ring the proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The Re-
spondent filed no response. The allegations in the mo-
tion 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, un-
less 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 al-
legations in the Motion for Summary Judgment dis-
close that on December 20, 1994, at the Respondent’s
request, the Region telecopied the Respondent a copy
of Sections 102.20 and 102.21 of the Board’s Rules
and Regulations.1
In the absence of good cause being shown for the
failure to file a timely answer, we grant the General
Counsel’s Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a Florida cor-
poration with an office and place of business located
at 530 South Federal Highway, Deerfield Beach, Flor-
ida, has been engaged in the business of operating a
television production studio. During the 12 months
preceding issuance of the complaint, the Respondent
purchased and received at its facility products, goods,
and materials valued in excess of $50,000 directly
from points outside the State of Florida. 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
The unit of employees described in the 1991–1994
AFTRA Network Television Code Memorandum of
Agreement, also called the National Code of Fair Prac-
tice For Network Television Broadcasting (the Agree-
ment), to which the parties are signatory, constitutes a
unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9(b) of the Act.
At all material times, the Union has been the des-
ignated exclusive collective-bargaining representative
of the unit and the Union has been recognized as such
by the Respondent. This recognition has been em-
bodied in a letter of adherence which binds the Re-
spondent to the Agreement, which was effective by its
terms from November 16, 1991, to November 15,
1994.
At all material times, based on Section 9(a) of the
Act, the Union has been the exclusive collective-bar-
gaining representative of the unit.
Since about February 4, 1994, the Union, by letter,
requested the Respondent to furnish it with certain in-
formation.2 The information requested is necessary for,
934 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1. Cancelled check and H & R report showing contributions
made on behalf of Andrew Stevens and Ron Stearn. If no con-
tributions have been made then immediate payment with H &
R form sent to this office;
2. Time sheets;
‘‘Safe & Secure’’
1. The names, social security numbers and addresses of all per-
sons performing in the re-enactments of show segments as re-
quired by Section 75, page 91 ‘‘People Covered.’’
2. Cancelled checks and H & R reports showing contributions
made on behalf of Andrew Stevens, Marshall Avener and all
performers for all shows. If no contributions have been made
then immediate payment with H & R forms sent to this office;
3. Time sheets for Andrew Stevens, Marshall Avener and all
persons performing re-enactments for all shows.
3 Although the Board has held that social security numbers are not
presumptively relevant, Sea-Jet Trucking Corp., 304 NLRB 67
(1991), the Union’s letter, which is attached as an exhibit to the
complaint, indicates that the Respondent is required to furnish social
security numbers under the parties’ agreement. In this circumstance,
and in the absence of any answer to the complaint or response to
the Notice to Show Cause, we find that the Respondent was obli-
gated to furnish the requested social security numbers and violated
Sec. 8(a)(5) by failing to do so. See MBC Headwear, Inc., 315
NLRB 424 fn. 2 (1994).
4 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
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.’’
and relevant to, the Union’s performance of its duties
as the exclusive collective-bargaining representative of
the unit.3 At all material times, the Respondent has
failed and refused to furnish the information requested
by the Union.
CONCLUSION OF LAW
By the acts and conduct described above, the Re-
spondent has been failing and refusing to bargain col-
lectively with the exclusive collective-bargaining rep-
resentative of its employees, and has thereby engaged
in unfair labor practices affecting commerce within the
meaning of Section 8(a)(5) and (1) and Section 2(6)
and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in
certain unfair labor practices, we shall order it to cease
and desist and to take certain affirmative action de-
signed to effectuate the policies of the Act. Specifi-
cally, having found that the Respondent has failed to
provide to the Union the information it requested on
February 4, 1994, which information is necessary for,
and relevant to, its role as the bargaining representative
of the unit employees, we shall order the Respondent
to furnish the Union the information requested.
ORDER
The National Labor Relations Board orders that the
Respondent, Brookstone Production Company, Deer-
field Beach, Florida, its officers, agents, successors,
and assigns, shall
1. Cease and desist from
(a) Failing and refusing to bargain with the Amer-
ican Federation of Television and Radio Artists, Miami
Local, by failing and refusing to provide the Union
with requested information that is necessary for, and
relevant to, its role as the exclusive collective-bargain-
ing representative of the unit employees.
(b) In any like or related manner interfering with,
restraining, 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) Furnish the Union the information it requested
on about February 4, 1994.
(b) Post at its facility in Deerfield Beach, Florida,
copies of the attached notice marked ‘‘Appendix.’’4
Copies of the notice, on forms provided by the Re-
gional Director for Region 12, after being signed by
the Respondent’s authorized representative, shall be
posted by the Respondent immediately upon receipt
and maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
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) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent 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
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT fail and refuse to bargain with the
American Federation of Television and Radio Artists,
Miami Local, by failing and refusing to provide the
Union with requested information that is necessary for,
and relevant to, its role as the exclusive collective-bar-
gaining representative of the unit employees.
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 furnish to the Union the information re-
quested by it on about February 4, 1994.
BROOKSTONE PRODUCTION COMPANY