Cavert Wire, Inc.

National Labor Relations Board - Board Decisions

May 9, 1977

229 N.L.R.B. 526 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cavert Wire, Inc. and United Steelworkers of America
AFL-CIO-CLC. Case 6-CA-9730
May 9, 1977
DECISION AND ORDER
BY MEMBERS JENKINS, PENELLO, AND
WALTHER
Upon a charge filed on November 9, 1976, by
United Steelworkers of America, AFL-CIO-CLC,
herein called the Union, and duly served on Cavert
Wire, Inc., herein called the Respondent, the General
Counsel of the National Labor Relations Board, by
the Regional Director for Region 6, issued a
complaint and notice of hearing on January 21, 1977,
against Respondent, alleging that Respondent has
engaged in, and was engaging in, unfair labor
practices affecting commerce within the meaning of
Section 8(a)(5) 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 an Administrative Law Judge were duly
served on the parties to this proceeding. Respondent
failed to file an answer to the complaint.
On February 23, 1977, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. The Board subsequently 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 and therefore the
allegations of the Motion for Summary Judgment
stand uncontroverted.
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
229 NLRB No. 90
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 issued on
January 21, 1977, and served on the Respondent
specifically states that unless an answer to the
complaint is filed by the Respondent within 10 days
of service thereof "all of the allegations in the
Complaint shall be deemed to be admitted by it to be
true and may be so found by the Board." Further,
according to the uncontroverted allegations of the
Motion for Summary Judgment, on February 16,
1977, counsel for the General Counsel mailed to
Respondent by registered mail a letter confirming a
telephone call of the previous day, notifying it of its
failure to file an answer, requesting that Respondent
file an answer and advising that unless an answer
were filed by February 22, 1977, counsel for the
General Counsel would move for summary judg-
ment. No reply had been received by the date of this
motion.
Accordingly, under the rule set forth above, no
good cause having been shown for failure to file an
answer, the allegations of the complaint are deemed
admitted and are found to be true, and we shall grant
the Motion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Respondent, a Pennsylvania corporation with
offices in Pittsburgh, Pennsylvania is engaged in the
manufacture and nonretail sale of wire products.
During the past year, it received goods and materials
valued in excess of $50,000 for use at its Pittsburgh,
Pennsylvania, facility, shipped directly from points
outside the Commonwealth of Pennsylvania.
We find, on the basis of the foregoing, that
Respondent is 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 ORGANIZATION INVOLVED
United Steelworkers of America, AFL-CIO-CLC,
is a labor organization within the meaning of Section
2(5) of the Act.
526
CAVERT WIRE, INC.
III. THE UNFAIR LABOR PRACTICES
A. The Unit and the Union's Representative
Status
At all times material herein the Union has been the
recognized and contractual exclusive bargaining
representative of Respondent's employees in the
following appropriate unit:
All production and maintenance employees em-
ployed by Respondent at its Steel City Products
Division, excluding office clerical employees,
truckdrivers, chauffeurs, and guards, professional
employees and supervisors as defined in the Act.
B. The Request and Refusal To Bargain
Respondent and the Union were parties to a
collective-bargaining agreement, covering the wages,
hours, and working conditions of the unit employees,
which expired June 30, 1976, by which date the
parties had reached agreement on the terms of a new
contract. Since on or about August 1, 1976, and
continuing until on or about December 27, 1976,
Respondent failed and refused to execute a contract
embodying the terms of the new agreement, and
since on or about August 1, 1976, Respondent has
failed and refused to put into effect the terms of the
aforesaid new agreement although requested to do so
by the Union. By the aforesaid conduct Respondent,
since August 1, 1976, has engaged in and is engaging
in unfair labor practices within the meaning of
Section 8(a)(5) and (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 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) and (1) of the Act, by
refusing on August 1, 1976, to execute and put into
effect the agreement reached with the Union on June
30, 1976, we shall order that it cease and desist
therefrom, and, upon request, execute the collective-
' San Joaquin Convalescent Hospital, Inc., d/b/a Tracy Convalescent
Hospital, 226 NLRB 1016(1976).
bargaining agreement as of August 1, 1976, and give
retroactive effect to the agreement from the August
1, 1976, effective date and make employees whole for
any losses, if any, they may have suffered as a result
of the failure to execute the agreement plus interest
at 6 percent per annum as prescribed in Isis Plumbing
& Heating Co., 138 NLRB 716 (1962).
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
I. Cavert Wire, Inc., is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. United Steelworkers of America, AFL-CIO-
CLC, is a labor organization within the meaning of
Section 2(5) of the Act.
3. All production and maintenance employees
employed by Respondent, at its Steel City Products
Division, excluding office clerical employees, truck-
drivers, chauffeurs, and guards, professional employ-
ees and supervisors as defined in the Act, constitute a
unit appropriate for the purpose of collective
bargaining within the meaning of Section 9(b) of the
Act.
4. At all times material herein and continuing to
date, Respondent has been, and is now, the exclusive
bargaining representative of all employees in the
aforesaid appropriate unit for the purposes of
collective bargaining within the meaning of Section
9(a) of the Act.
5. By refusing since on or about August 1, 1976,
until about December 27, 1976, to execute the
collective-bargaining agreement reached with the
Union on or about June 30, 1976, covering employ-
ees in the aforesaid appropriate unit and by refusing
since August 1, 1976, to put into effect the terms of
the agreement, Respondent has engaged in unfair
labor practices within the meaning of Section 8(a)(5)
and (1) of the Act.
6. By the aforesaid conduct described in para-
graph 5, above, Respondent has interfered with,
restrained, and coerced and is interfering with,
restraining, and coercing its employees in the
exercise of rights guaranteed in Section 7 of the Act,
and thereby has engaged in, and is engaging in,
unfair labor practices within the meaning 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 the Respondent,
527
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cavert Wire, Inc., Pittsburgh, Pennsylvania, its
officers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Failing and refusing to execute and give effect
to the collective-bargaining agreement covering the
wages, hours, and working conditions of the unit
employees, on which it reached agreement on June
30, 1976, and which it refused to execute and put into
effect on August 1, 1976, with United Steelworkers of
America, AFL-CIO-CLC, as the exclusive bargain-
ing representative of its employees in the following
appropriate unit:
All production and maintenance employees em-
ployed by Respondent at its Steel City Products
Division, excluding office clerical employees,
truckdrivers, chauffeurs, and guards, professional
employees and supervisors as defined in the Act.
(b) In any like or related manner interfering with,
restraining, or coercing its employees in the exercise
of their rights guaranteed in Section 7 of the National
Labor Relations Act, as amended.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the Act:
(a) Upon request, execute, deliver, and give effect
to the collective-bargaining agreement described in
paragraph l(a) and give retroactive effect to it from
the August 1, 1976, effective date and make employ-
ees whole for any losses suffered as a result of the
failure to execute the said collective-bargaining
agreement or make it effective in the manner set
forth in the section of this Decision entitled "The
Remedy."
(b) Post at its Pittsburgh, Pennsylvania, facility
copies of the attached notice marked "Appendix." 2
Copies of said notice, on forms provided by the
Regional Director for Region 6, after being duly
signed by Respondent's representative, 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 Respon-
dent to insure that said notices are not altered,
defaced, or covered by any other material.
(c) Notify the Regional Director for Region 6, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply here-
with.
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 fail and refuse to execute and
give effect to the collective-bargaining agreement
covering the wages, hours, and working condi-
tions of the unit employees, on which we reached
agreement on June 30, 1976, and which we
refused to execute and put into effect on August
1, 1976, with United Steelworkers of America,
AFL-CIO-CLC, as the exclusive bargaining
representative of its employees in the following
appropriate unit:
All production and maintenance employees
employed by Respondent at its Steel City
Products Division, excluding office clerical
employees, truckdrivers, chauffeurs, and
guards, professional employees and supervi-
sors as defined in the Act.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of their rights guaranteed in
Section 7 of the Act.
WE WILL, upon request, execute, deliver, and
give effect to the collective-bargaining agreement
described above and give retroactive effect to it
from the August 1, 1976, effective date and make
employees whole for any losses suffered as a
result of the failure to execute the said collective-
bargaining agreement with interest at the rate of 6
percent per annum.
CAVERT WIRE, INC.
528