Caltrans Systems, Inc.

National Labor Relations Board - Board Decisions

Sep 28, 1979

245 N.L.R.B. 708 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Caltrans Systems, Inc., and its wholly-owned subsid-
iaries Moon Carrier Inc., and Moon Transportation,
Inc. and Local Union No. 560, a/w International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America
Caltrans Systems, Inc., and its wholly-owned subsid-
iaries Moon Carrier Inc., Moon Transportation,
Inc., and Armstrong Trucking Co., Inc. and Local
617, a/w International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of Amer-
ica. Cases 22-CA-8639, 22 CA-8640, and 22 CA
8734
September 28, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PENEI.I0
AND TRUESDALE
Upon a charge filed on August 10, 1978, and
amended on October 16, 1978, in Case 22-CA-8639
and upon a charge on August 10, 1978, and amended
on October 13, 1978, in Case 22-CA-8640 by Local
Union No. 560, a/w International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, herein called Local 560, and duly served
on Caltrans Systems, Inc. and its wholly-owned sub-
sidiaries Moon Carrier Inc., and Moon Transporta-
tion, Inc., and upon a charge filed on September 28,
1978, and amended on November 3, 1978, in Case
22-CA-8734 by Local 617, a/w International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, herein called Local 617, and
duly served on Caltrans Systems, Inc., and its wholly-
owned subsidiaries Moon Carrier Inc., Moon Trans-
portation, Inc., and Armstrong Trucking Co., Inc., all
the aforesaid Companies herein collectively referred
to as Respondent,' the General Counsel of the Na-
tional Labor Relations Board, by the Regional Direc-
tor for Region 22, issued an order consolidating cases,
first amended complaint, and notice of hearing on
November 14, 1978, against Respondent, alleging
that Respondent has engaged in and was engaging in
unfair labor practices affecting commerce within the
meaning of Section 8(a)(l), (3), and (5) and Section
2(6) and (7) of the National Labor Relations Act, as
amended. Copies of the charges, amended charges,
and notice of hearing before an administrative law
judge were duly served on the parties to this proceed-
ing. Respondent failed to file an answer to the com-
plaint.
On May 3, 1979, counsel for the General Counsel
m The Companies are also referred to herein as Caltrans, Mxoon Carrier.
Moon Transportation, and Armstrong.
filed directly with the Board a Motion for Summary
Judgment with memorandum in support thereof,
based on Respondent's failure to file an answer as
required by Sections 102.20 and 102.21 of the Na-
tional Labor Relations Board Rules and Regulations,
Series 8, as amended. Subsequently, on May 9, 1979,
the Board issued an order transferring the proceeding
to the Board and Notice To Show C'ause why the
General Counsel's Motion for Summary Judgment
should not be granted. On June 4. 1979. counsel for
the receiver of Moon Carrier and Caltrans filed a
memorandum in opposition to the Motion for Sum-
mary Judgment. Moon Transportation and Arm-
strong 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 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 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 com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
such statement operating as a denial. All allega-
tions 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 admit-
ted 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 Re-
spondent specifically stated that unless an answer was
filed to the complaint within 10 days from the service
thereof, "all of the allegations contained in the Com-
plaint shall be deemed to be admitted to be true and
may be so found by he Board." Further, according to
the uncontroverted allegations of the Motion for
Summary Judgment. counsel for the General Counsel
informed Respondent in writing that unless an an-
swer was filed by December 27, 1978, a motion would
be made before the Board for entry of an Order
granting summary judgment based on the undenied
allegations of the complaint. Respondent has failed to
file and answer to the complaint, and Moon Trans-
245 NLRB No. 90
708
CALTRANS SYSTEMS. INC.
portation and Armstrong have failed to file a re-
sponse to the Notice To Show Cause.
According to the memorandum in opposition to
the Motion for Summary Judgment, a custodial re-
ceiver of Caltrans and Moon Carrier was appointed
on October 25, 1978, by the Superior Court of New
Jersey, Chancery Division, Hudson County. There-
after, Caltrans and Moon Carrier were declared insol-
vent, and their receiver was appointed state court
statutory receiver on Janury 9, 1979. The memoran-
dum was filed by an attorney who represents the re-
ceiver and claims that during this time period mail to
Caltrans and Moon Carrier was sent to their major
secured creditor, whose agent was once the agent for
Caltrans and Moon Carrier prior to the appointment
of their present receiver. The memorandum claims
that some of the orders and amendments in this case
were received by the receiver, but that others were
not. The memorandum further claims that to allow
one summary judgment to be entered against all of
the entities involved herein, each of which has a sepa-
rate receiver, would be duplicitous, for, in the event
that enforcement of the Board's order is sought, the
matters involved herein would have to be litigated.
The memorandum argues that counsel for the Gen-
eral Counsel should segregate the separate claims and
then determine the proper judgment to be entered
against each entity. Finally, the memorandum re-
quests that the Motion for Summary Judgment be
denied.
As indicated above, none of the individual Respon-
dents filed an answer to the complaint. Moon Trans-
portation and Armstrong have failed to file a re-
sponse to the Notice To Show Cause, and therefore
the allegations of the complaint stand uncontroverted
as to them. The memorandum filed by the attorney
for the receiver of Caltrans and Moon Carrier claims
that the receiver has no knowledge or information
sufficient to form a belief as to the truth of the allega-
tions in the complaint regarding unfair labor prac-
tices allegedly committed by Respondent. However,
this memorandum claiming insolvency does not ex-
plain why Caltrans and Moon Carrier failed to con-
tact the Regional Office of the Board concerning the
items properly served on them and the necessity for
action on their part. Accordingly, we find that the
memorandum does not constitute good cause for the
failure of Caltrans and Moon Carrier to file a timely
answer within the meaning of Section 102.20 of the
Board's Rules and Regulations.2
Therefore, in accordance with the rule set forth
above, no good cause having been shown for the fail-
ure to file a timely answer, the allegations of the com-
2 In this regard, see The Monroe Furniture Conmpan. Inc., 231 NLRB 143
(1977), and Evans Express Comrpan)r, Inc., 232 NLRB 655 (1977).
plaint are deemed to be admitted and are so found by
the Board, and the General Counsel's Motion for
Summary Judgment is granted.3
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FA(T
1. HE BUSINESS O()F RFSP()NDNI) I
Respondent Caltrans Systems. Inc., is, and has
been at all times material herein, a Delaware corpora-
tion. Moon Carrier Inc., Moon Transportation, Inc..
and Armstrong Trucking Co., Inc., are, and have
been at all times material herein, New Jersey corpora-
tions which are, and each of them is, wholly owned
subsidiaries of Caltrans Systems, Inc., and they are
now, and at all times material herein have been, affili-
ated business enterprises.
Caltrans Systems, Inc., Moon Carrier Inc., Moon
Transportation, Inc., and Armstrong Trucking Co.,
Inc., are now, and at all times material herein have
been, a single integrated enterprise engaged in the
business of trucking and warehousing freight, with
terminals located at Clifton, North Bergen, and Jer-
sey City, New Jersey. All all times material herein
Caltrans Systems, Inc., Moon Carrier, Inc., Moon
Transportation, Inc., and Armstrong Trucking Co.,
Inc., have constituted a single employer within the
meaning of Section 2(2) of the Act and are herein
collectively referred to as Respondent. In the course
and conduct of its business operations during the pre-
ceding 12 months, a representative period, Respon-
dent derived gross revenues in excess of $50,000. of
which revenues in excess of $50,000 were derived
from the transportation of commodities directly in in-
terstate commerce.
We find, on the basis of the foregoing, that Respon-
dent is. and has been at all times material herein, an
employer engaged in commerce within the meaning
of Section 2(2), (6), and (7) of the Act and that it will
effectuate the policies of the Act to assert jurisdiction
herein.
II. IHE LABOR ORGANIZATIONS INVOLVED
Local Union No. 560, a/w International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, and Local 617, a/w Interna-
tional Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America. are labor organi-
zations within the meaning of Section 2(5) of the Act.
We hereby deny the request made by the attorney for the receiver of
Caltrans and Moon Carrier that the General Counsel's Motion for Summary
Judgment be denied.
709
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE UNFAIR LABOR PRACTICES
A. The 8(a)(5) and (1) Violations
The following employees of Respondent. repre-
sented by Local 560 and Local 617, respectively, con-
stitute units appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the
Act:
Local 560: (a) All truckdrivers, warehouse-
men, platform men, helpers, mechanics, me-
chanic helpers, and office clerical employees em-
ployed by Moon Carrier or Moon
Transportation at its Clifton and North Bergen,
New Jersey, terminals, but excluding dispatch-
ers, salesmen, professional employees, guards
and supervisors as defined in the Act.
Local 617: (b) All truckdrivers, helpers, ware-
housemen, and platform employees employed by
Armstrong at its Jersey City or North Bergen,
New Jersey, terminals, but excluding office cleri-
cal employees, mechanics, dispatchers, sales and
professional employees, guards and supervisors
as defined in the Act.
Local 617: (c) All mechanics and mechanic
helpers employed by Armstrong at its Jersey
City or North Bergen, New Jersey, terminals, but
excluding all other employees, guards and super-
visors as defined in the Act.
At all times material herein, Local 560 and Local
617 have been, and are now, by virtue of Section 9(a)
of the Act, the exclusive representatives of the em-
ployees in the respective appropriate units described
above for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment,
and other terms and conditions of employment.
On or before August 10, 1978, Caltrans and Moon
Transportation purchased or transferred from Moon
Carrier the physical assets, goodwill, name, accounts
receivable, and other trade assets and the motor car-
rier operating authorities of Moon Carrier and as-
sumed the collective-bargaining agreements of Moon
Carrier. On or about August 10, 1978, Moon Carrier
ceased to operate its Clifton, New Jersey, terminal.
On or about August 10, 1978, Caltrans and Moon
Transportation opened and operated their North Ber-
gen, New Jersey, terminal, where they have been, and
are now, engaged in substantially the same business
operations previously engaged in by Moon Carrier,
employing substantially the same employees and su-
pervisors as had previously been employed by Moon
Carrier.
On or about August 8, 1978, and continuously
thereafter, Respondent refused to recognize and bar-
gain collectively with Local 560 as the exclusive bar-
gaining representative of the employees in unit (a),
described above. On or about August 10, 1978, Re-
spondent permanently ceased its operations as its
Clifton, New Jersey. terminal and laid off the employ-
ees in unit (a). described above.
At all times material herein prior to August 10,
1978, Respondent neglected and failed to inform or
notify Local 560 of its decision to permanently cease
operations at its Clifton. New Jersey. terminal. al-
though Local 560 requested that Respondent meet
and bargain with it concerning Respondent's decision
to cease its operations and concerning the effects of
that decision upon the employees described in unit
(a), above.
At no time material herein did Respondent meet
and bargain with Local 560 concerning its decision to
cease its operations or concerning the effects of that
decision upon its employees.
On or before September 15. 1978, Caltrans and
Moon Carrier or Moon Transportation purchased
and acquired the capital stock and physical assets,
goodwill, name, accounts receivable, and other trade
assets and the motor carrier operating authorities of
Armstrong and assumed the collective-bargaining
agreements of Armstrong. On or about September 15,
1978. Caltrans and Moon Carrier or Moon Transpor-
tation caused Armstrong to cease operating its Jersey
City, New Jersey, terminal. Since on or about Sep-
tember 18, 1978, Caltrans and Moon Carrier or Moon
Transportation have relocated Armstrong's opera-
tions to the North Bergen, New Jersey, terminal of
Caltrans and Moon Carrier or Moon Transportation.
where they have been, and are now, engaged in sub-
stantially the same business operations previously en-
gaged in by Armstrong.
On or about September 15, 1978, Respondent per-
manently closed and ceased to operate its Armstrong
terminal in Jersey City, New Jersey, and transferred
the work performed by the employees in units (b) and
(c), above, to Respondent's terminal at North Bergen,
New Jersey. At all times material herein Respondent
failed and neglected to inform or notify Local 617 of
the closing of its Jersey City terminal or the transfer
of the work performed by employees represented by
Local 617, although, at various times during the
weeks of September 18, September 25. and October 2,
1978, Local 617 requested that Respondent meet and
bargain with it concerning effects of its decision to
close the Jersey City terminal and to transfer the
work of employees in unit (b) and (c), above.
At no time material herein did Respondent meet
and bargain with Local 617 concerning the decision
to close or the effects of closing the Jersey City termi-
nal or concerning the transfer of work unit employees
to the terminal at North Bergen, New Jersey.
Accordingly. we find that, by the aforesaid con-
710
CALTRANS SYSTEMS, INC.
duct, Respondent did refuse, and continues to date to
refuse, to bargain collectively with Local 560 as the
exclusive representative of the employees in the ap-
propriate unit. By such conduct Respondent has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) and (1) of the
Act.
We also find that, by the aforesaid conduct, Re-
spondent did refuse, and continues to date to refuse,
to bargain collectively with Local 617 as the exclusive
representative to its employees in the appropriate
units. By such conduct, Respondent has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(aX5) and (1) of the Act.
B. The 8(a)(3) and (1) Violations
As noted above, on or about August 10, 1979, Re-
spondent permanently ceased its operations at its
Clifton, New Jersey, terminal and laid off the follow-
ing employees employed
terminal:
Robert Allen
Patrick Bertone
Walter Biesiadecki
George Blanos
Ralph Calia
Richard Callan
Kelly Conoscenti
J. Pay
Barry Devins
Wayne Duthie
J. Fennelly
A. Fisher
J. Gado
L. Gallo
Thomas Gallo
John Grabiec
Thomas Gutch
Ronald Hanke
Ted Hunka
Harold Hohnarth
Alphonso Ingenita
C. uliani
M. Jacuik
R. Jancio
Henk Jansen
M. Jardin
Al Kleaver
Charles Kling
Kenneth Keystone
Walter Kuhl
at its Clifton. New Jersey.
August Leppin
L. Lincoln
Rosario Lo Monaco
Al Long
G. Malnick
F. McGrady
W. McGuire
Ellio Messano
Grover Mohrle III
A. Montagna
Jack Montelbano
Jessie Oliver
Lawrence O'Neill
E. Orlowski
Robert Orlowski
D. Peters
G. Pirozzolo
Charles Realmonte
L. Sacchiero
A. Schmidt
E. Sheppard
R. Singer
A. Sisti
Sparks
Lennie Stasiak
J. Vankat
D. Warren
Joseph Wasas
Norman Wiederman
James Wiest
On or about August 19, 1978, Respondent did re-
call the employees listed above to their former or sub-
stantially equivalent positions of employment, but to
its North Bergen, New Jersey. terminal. Respondent
laid off and refused, until August 19, 1979, to reem-
ploy those employees because they were members of.
or represented for the purposes of collective bargain-
ing by, Local 560.
Accordingly, we find that, by the aforesaid con-
duct, Respondent had discriminated in regard to the
hire, tenure, and other terms and conditions of em-
ployment of its employees in unit (a), described
above, who are represented for collective-bargaining
purposes by Local 560, thereby discouraging mem-
bership in Local 560. By such conduct Respondent
has engaged in unfair labor practices within the
meaning of Section 8(a)(3) and (1) of the Act.
C. The 8(a)(1) Violations
By the conduct described above in section Ill, A
and B. Respondent has interfered with, restrained,
and coerced its employees in the exercise of the rights
guaranteed them by Section 7 of the Act and that, by
such conduct, Respondent has engaged in and is en-
gaging in unfair labor practices within the meaning of
Section 8(a)( I) 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 operations
described in section 1, above, have a close, intimate,
and substantial relationship to trade, traffic, and com-
merce among the several States and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)( 1), (3), and (5) of the Act, we shall
order that it cease and desist therefrom and take cer-
tain affirmative action designed to effectuate the poli-
cies of the Act.
Some affirmative action shall include that Respon-
dent, upon request, recognize and bargain with Local
560, as the exclusive representative of its employees in
the appropriate unit, with regard to Respondent's de-
cision to close its Clifton, New Jersey, terminal and
transfer its operations to its North Bergen, New Jer-
sey, terminal and with regard to the effects such clos-
ing and transfer have had and may have upon its
employees.
Such affirmative action shall also include that Re-
spondent, upon request, recognize and bargain with
Local 617, as the exclusive representative of its em-
711
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate units, with regard to Re-
spondent's decision to close its Jersey City, New Jer-
sey, terminal and transfer its operations to its North
Bergen, New Jersey, terminal and with regard to the
effects such closing and transfer have and may have
upon its employees.
We have found that Respondent discriminated
against those employees listed in section 111, B,
above, by ceasing its operations at its Clifton, New
Jersey, terminal and by laying off those employees
from that terminal. Accordingly, we shall order that
Respondent make whole the employees referred to
above for any losses they may have suffered by reason
of Respondent's discrimination against them, includ-
ing payment to each of them of a sum of money equal
to the amount each would normally have earned, ab-
sent the discrimination against him, from the date he
was laid off as a result of the decision to close the
Clifton, New Jersey, terminal, on or about August 10,
1978, to the date he was returned to his former or
substantially equivalent employment at Respondent's
North Bergen, New Jersey, terminal, on or about Au-
gust 19, 1978.4 Such payment shall be made in ac-
cordance with F. W. Woolworth Company, 90 NLRB
289 (1950), with interest thereon calculated in the
manner prescribed in Florida Steel Corporation, 231
NLRB 651 (1977).5
As a result of Respondent's unlawful failure to bar-
gain with Local 617 over the effects of its decision to
close its Jersey City, New Jersey, terminal and trans-
fer its operations elsewhere, the terminated employees
have been denied an opportunity to bargain their col-
lective-bargaining representative at a time when Re-
spondent might still have been in need of their ser-
vices and a measure of balanced bargaining power
existed. Meaningful bargaining cannot be assurred
until some measure of economic strength is restored
to Local 617. A bargaining order alone, therefore,
cannot serve as an adequate remedy for the unfair
labor practices committed.
Accordingly, we deem it necessary, in order to ef-
fectuate the purposes of the Act, to require Respon-
dent to bargain with Local 617 concerning the effects
of its decision to close its Jersey City terminal and
transfer its operations elsewhere on its employees rep-
resented by Local 617, and we shall include in our
order a limited backpay requirement designed both to
4 The backpay remedy provided herein is intended not only to compensate
employees fully for any losses they may have suffered during the period of
time that they were actually laid off, but also to restore economic strength to
Local 560 in order to assure meaningful bargaining. Thus. we find it unnec-
essary to remedy the violations of Sec. 8(a)(5) in a manner similar to that
required in Transmarine Navigation Corporation and its Subsidiary. Interna
tional Terminals, Inc., 170 NLRB 386 (1968). We shall leave to the compli-
ance stage of this proceeding the determination of the actual losses incurred
by the employees resulting from Respondent's unfair labor practices.
5 See, generally, Isis Plumbing & Heating Co., 138 NLRB 716 (1962).
make the whole the employees for losses, if any, suf-
fered as a result of the violation and to recreate in
some practicable manner a situation in which Local
617's bargaining position is not entirely devoid of eco-
nomic consequences for Respondent. We shall do so
in this case by requiring Respondent to pay backpay
to its employees represented by Local 617 in a man-
ner similar to that required in Transmarine Navigation
Corporation, supra. Thus, Respondent shall pay the
aforementioned employees backpay at the rate of
their normal wages when last in Respondent's employ
from 5 days after the date of this Decision and Order
until the occurrence of the earliest of the following
conditions: (I) Respondent bargaining to agreement
with Local 617 on those subjects pertaining to the
effects of the Jersey City terminal shutdown on its
employees, (2) a bona fide impasse in bargaining, (3)
failure of Local 617 to request bargaining within 5
days of this Decision and Order or to commence ne-
gotiations within 5 days of Respondent's notice of its
desire to bargain with Local 617, or (4) subsequent
failure of Local 617 to bargain in good faith; but in
no event shall the sum paid to any of these employees
exceed the amount he would have earned as wages
from on or about September 18, 1978, the date on
which Respondent terminated its Jersey City, New
Jersey, operations, to the time he secured equivalent
employment elsewhere or the date on which Respon-
dent shall have offered to bargain, whichever occurs
sooner, provided, however, that in no event shall this
sum be less than any of these employees would have
earned for a 2-week period at the rate of his normal
wages when last in Respondent's employ. Backpay
shall be based upon earnings which the terminated
employees would normally have received during the
applicable period, less any net interim earnings, and
shall be computed on a quarterly basis in the manner
set forth in F. W. Woolworth, supra, together with
interest thereon as provided in Florida Steel Corpora-
lion, supra.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
I. Caltrana Systems, Inc., Moon Carrier Inc.,
Moon Transportation, Inc., and Armstrong Trucking
Co., Inc., constitute a single employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. Local Union No. 560, a/w International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, and Local 617, a/w Interna-
tional Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, are labor organi-
zations within the meaning of Section 2(5) of the Act.
712
CAILTRANS SYSTEMS. IN(C.
3. The following employees of Respondent. repre-
sented by Local 560 and Local 617. respectively, con-
stitute units appropriate for the purposes of collective
bargaining within the meaning of Section 9(bh) of the
Act:
Local 560: (a) All truckdrivers. warehouse-
men, platform men, helpers, mechanics, me-
chanic helpers, and office clerical employees em-
ployed by Moon Carrier or Moon
Transportation at their Clifton and North Ber-
gen, New Jersey, terminals, but excluding dis-
patchers, salesmen, professional employees.
guards and supervisors as defined in the Act.
Local 617: (b) All truckdrivers, helpers, ware-
housemen, and platform employees employed by
Armstrong at its Jersey City or North Bergen.
New Jersey, terminals, but excluding office cleri-
cal employees, mechanics, dispatchers, sales and
professionals employees, guards and supervisors
as defined in the Act.
Local 617: (c) All mechanics and mechanic
helpers employed by Armstrong at its Jersey
City or North Bergen, New Jersey. terminals, but
excluding all other employees, guards and super-
visors as defined in the Act.
4. By failing and refusing, since on or about Au-
gust 8, 1978, and at all times thereafter, to recognize
and bargain with Local 560, as the exclusive collec-
tive-bargaining representative of its employees in the
appropriate unit, with regard to its decision to close
its Clifton, New Jersey, terminal and transfer its op-
erations to its North Bergen, New Jersey, terminal
and with regard to the effects of its decision on its
employees, Respondent has engaged in and is engag-
ing in unfair labor practices within the meaning of
Section 8(a)(5) of the Act.
5. By failing and refusing, since on or about Sep-
tember 18, 1978, and at all times thereafter, to recog-
nize and bargain with Local 617, as the exclusive col-
lective-bargaining representative of its employees in
the appropriate units, with regard to its decision to
close its Jersey City, New Jersey, terminal and to
transfer its operations to its North Bergen, New Jer-
sey, terminal and with regard to the effects of its deci-
sion on its employees, Respondent has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(a)(5) of the Act.
6. By laying off its employees from its Clifton.
New Jersey, terminal on or about August 10, 1978,
because of their union or other protected concerted
activities, Respondent has engaged in unfair labor
practices within the meaning of Section 8(a)(3) of the
Act.
7. By the acts described in section III, A, B, above,
Respondent has interfered with, restrained, and co-
erced its employees in the exercise of the rights guar-
anteed them by Section 7 of the Act, and. b such
conduct, Respondent has engaged in and is engaging
in unfair labor practices within the meaning of Sec-
tion 8(a)( 1 ) of the Act.
8. 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 Rela-
tions Board hereby orders that Respondent, Caltrans
Systems, Inc., Moon Carrier Inc.. Moon Transporta-
tion. Inc.. and Armstrong Trucking Co.. Inc., North
Bergen. New Jersey, their officers, agents, successors,
and assigns, shall:
1. Cease and desist from:
(a) Refusing to recognize and bargain with Local
Union 560, a/w International Brotherhood of Team-
sters, Chauffeurs. Warehousemen and Helpers of
America, as the exclusive collective-bargaining repre-
sentative of its employees in the appropriate unit,
with regard to its decision to close its Clifton, New
Jersey, terminal and transfer its operations to its
North Bergen, New Jersey, terminal and with regard
to the effects of its decision on its employees. There
appropriate unit is:
All truckdrivers, warehousemen, platform men,
helpers, mechanics, mechanic helpers, and office
clerical employees employed by Moon Carrier or
Moon Transportation at their Clifton and North
Bergen, New Jersey. terminals, but excluding
dispatchers, salesmen, professional employees,
guards and supervisors as defined in the Act.
(b) Refusing to recognize and bargain with Loca!
617, a/w International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America,
as the exclusive collective-bargaining representative
of its employees in the appropriate units, with regard
to its decision to close its Jersey City, New Jersey.
terminal and transfer its operations to its North Ber-
gen, New Jersey, terminal and with regard to the ef-
fects of its decision on its employees. The appropriate
units are:
All truckdrivers, helpers, warehousemen, and
platform employees employed by Armstrong at
its Jersey City or North Bergen, New Jersey, ter-
minals, but excluding office clerical employees,
mechanics, dispatchers, sales and professional
employees, guards and supervisors as defined in
the Act.
713
I)t('ISIONS ()1 NA IONAL ILABOR RELA FIONS BOARD)
All mechanics and mechanic helpers employed
by Armstrong at its Jersey City or North Bergen.
New Jersey, terminals, but excluding all other
employees, guards and supervisors as defined in
the Act.
(c) Laying off or in any other manner discriminat-
ing against employees because of their union or other
protected concerted activities.
(d) 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, which the
Board finds will effectuate the policies of the Act:
(a) Recognize and, upon request, bargain collec-
tively and in good faith with Local Union No. 560,
a/w International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, as the
exclusive representative of the employees in the afore-
said appropriate unit, with regard to its decision to
close its Clifton, New Jersey, terminal and transfer its
operations to its North Bergen, New Jersey, terminal
and with regard to the effects of its decision on its
employees.
(b) Recognize and, upon request, bargain collec-
tively and in good faith with Local 617, a/w Interna-
tional Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, as the exclusive
representative of the employees in the aforesaid ap-
propriate units, with regard to its decision to close its
Jersey City, New Jersey, terminal and transfer its op-
erations to its North Bergen, New Jersey, terminal
and with regard to the effects of its decision on its
employees.
(c) Make whole the following employees for any
loss of pay they may have suffered by reason of the
discrimination against them, plus interest, in the man-
ner and for the period set forth in the section of this
Decision entitled "The Remedy":
Robert Allen
Patrick Bertone
Walter Biesiadecki
George Blanos
Ralph Calia
Richard Callan
Kelly Conoscenti
J. Pay
Barry Devins
Wayne Duthie
J. Fennelly
A. Fisher
J. Gado
L. Gallo
Thomas Gallo
John Grabiec
Thomas Gutch
August Leppin
L. Lincoln
Rosario Lo Monaco
Al Long
G. Malnick
F. McGrady
W. McGuire
Ellio Messano
Grover Mohrle III
A. Montagna
Jack Montelbano
Jessie Oliver
Lawrence O'Neill
E. Orlowski
Robert Orlowski
D. Peters
G. Pirozzolo
Ronald Hanke
Ted Hunka
Harold Hohnarth
Alphonso Ingenita
C. luliani
M. Jacuik
R. Jancio
Henk Jansen
M. Jardin
Al Kleaver
Charles Kling
Kenneth Keystone
Walter Kuhl
Charles Realmonte
L. Sacchiero
A. Schmidt
E. Sheppard
R. Singer
A. Sisti
Sparks
Lennie Stasiak
J. Vankat
D. Warren
Joseph Wasas
Norman Wiederman
James Wiest
(d) Pay the employees terminated from the Jersey
City, New Jersey, terminal their normal wages for the
period set forth in the remedy section of this Decision
and Order.
(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 North Bergen, New Jersey, facility.
or any other facility to which it has subsequently
moved, copies of the attached notice marked "Appen-
dix." 6 Copies of said notice, on forms provided by the
Regional Director Region 22, after being duly signed
by Respondent's representative, shall be posted by it
immediately upon receipt thereof, and be maintained
by it for 60 consecutive days thereafter, in conspicu-
ous places, including all places where notices to em-
ployees are customarily posted. Reasonable steps
shall be taken by Respondent to insure that said no-
tices are not altered, defaced, or covered by any other
material.
(g) Notify the Regional Director for Region 22, in
writing, within 20 days from the date of this Order.
what steps the Respondent has taken to comply here-
with.
I In the event that this Order is enforced b) a Judgment of a United States
Court of Appeals, the words In the notice reading "Posted b) Order of the
National Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order or the National
Labor Relations Board."
APPENDIX
NOTI(CE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to recognize and bargain
with Local Union No. 560, a/w International
Brotherhood of Teamsters, Chauffeurs, Ware-
714
CALTRANS SYSTEMS, INC
housemen and Helpers of America, as the exclu-
sive collective-bargaining representative of our
employees in the appropriate unit, with regard to
our decision to close our Clifton, New Jersey,
terminal and to transfer our operations to our
North Bergen, New Jersey, terminal and with re-
gard to the effects of our decision on our employ-
ees. The appropriate unit is:
All truckdrivers, warehousemen, platform
men, helpers, mechanics, mechanic helpers.
and office clerical employees employed by
Moon Carrier or Moon Transportation at
their Clifton and North Bergen, New Jersey.
terminals, but excluding dispatchers, salesmen,
professional employees, guards and supervi-
sors as defined in the Act.
WE WII.I NOI refuse to recognize and bargain
with Local 617, a/w International Brotherhood
of Teamsters, Chauffeurs. Warehousemnen and
Helpers of America, as the exclusive collective-
bargaining representative of our employees in
the appropriate units, with regard to our decision
to close our Jersey City. New Jersey, terminal
and transfer our operations to our North Bergen.
New Jersey, terminal and with regard to the ef-
fects on our employees. The appropriate units
are:
All truckdrivers, helpers, warehousemen. and
platform employees employed by Armstrong
at its Jersey City or North Bergen, New Jer-
sey, terminals, but excluding office clerical em-
ployees, mechanics, dispatchers, sales, and
professional employees, guards and supervi-
sors as defined in the Act.
All mechanics and mechanic helper employed
by Armstrong at its Jersey City or North Ber-
gen, New Jersey, terminals. but excluding all
other employees, guards and supervisors as de-
fined in the Act.
WE WILL NOT lay off or otherwise discriminate
against employees because of their protected
concerted activities.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL recognize and, upon request, bargain
collectively and in good faith with Local Union
No. 560, a/w International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and
Helpers of America, as the exclusive collective-
bargaining representative of our employees in
the aforesaid appropriate unit, with regard to our
decision to close our Clifton, New Jersey, termi-
nal and transfer our operations to our North
Bergen, New Jersey, terminal and with regard to
the effects of our decision on our employees.
WE WIt.!. recognize and, upon request. bargain
collectively and in good faith with Local 617. a/
w International Brotherhood of Teamsters.
Chauffeurs. Warehousemen and Helpers of
America, as the exclusive collective-bargaining
representative of our employees in the aforesaid
appropriate units, with regard to our decision to
close our Jersey City, New Jersey. terminal and
transfer our operations to our North Bergen.
New Jersey. terminal and with regard to the ef-
fects of our decision on our employees.
WF WI.l, pay the following employees for any
loss of pay they may have suffered when they
were laid off on or about August 10. 1978. when
we closed our Clifton, New Jersey. terminal. with
interest thereon:
Robert Allen
Patrick Bertone
Walter Biesiadecki
George Blanos
Ralph Calia
Richard Callan
Kelly Conoscenti
J. Pay
Barry Devins
Wayne Duthie
J. Fennelly
A. Fisher
J. Gado
L. Gallo
Thomas Gallo
John Grabiec
Thomas Gutch
Ronald Hanke
Ted Hunka
Harold Hohnarth
Alphonso Ingenita
C. luliani
M. Jacuik
R. Jancio
Henk Jansen
M. Jardin
Al Kleaver
Charles Kling
Kenneth Keystone
Walter Kuhl
August Leppin
L. Lincoln
Rosario Lo Monaco
Al Long
G. Malnick
F. McGrady
W. McGuire
Ellio Messano
Grover Mohrle III
A. Montagna
Jack Montelbano
Jessie Oliver
Lawrence O'Neill
E. Orlowski
Robert Orlowski
D. Peters
G. Pirozzolo
Charles Realmonte
L. Sacchiero
A. Schmidt
E. Sheppard
R. Singer
A. Sisti
Sparks
Lennie Stasiak
J. Vankat
D. Warren
Joseph Wasas
Norman Wiederman
James Wiest
WE WILt, pay the employees terminated from
the Jersey City, New Jersey. terminal their nor-
mal wages for the period set forth in the remedy
section of the Board's Decision and Order.
CAI-TRANS SYSTEMS, IN(.
715