Chillum Heights Apartments

National Labor Relations Board - Board Decisions

Sep 30, 1980

252 N.L.R.B. 1216 (N.L.R.B. 1980)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Joseph P. Ratner, General Partner, and all other
Limited Partners, trading as Chillum Heights
Apartments Limited Partnership and Service
Employees International Union, Local 82,
AFL-CIO. Case 5-CA-11985
September 30, 1980
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
Upon a charge and an amended charge filed on
March 4 and May 1, 1980, respectively, by Service
Employees International Union, Local 82, AFL-
CIO, herein called the Union, and duly served on
Joseph P. Ratner, General Partner, and all other
Limited Partners, trading as Chillum Heights
Apartments Limited Partnership, herein called Re-
spondent, the General Counsel of the National
Labor Relations Board, by the Regional Director
for Region 5, issued a complaint and notice of
hearing on May 2, 1980, against Respondent, alleg-
ing that Respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce
within the meaning of Section 8(a)(5) and (1), Sec-
tion 8(d), and Section 2(6) and (7) of the National
Labor Relations Act, as amended. Copies of the
charge, amended charge, and complaint and notice
of hearing before an administrative law judge were
duly served on the parties to this proceeding.
The complaint alleges that, by virtue of Respon-
dent's recognition of, and a collective-bargaining
agreement with, the Union, said agreement being
effective for the period March 1, 1977, through
February 28, 1980, inclusive, the Union has been,
and is now, the exclusive representative of the fol-
lowing employees, herein called the unit employ-
ees, for the purposes of collective bargaining:
All regular full-time employees employed by
Respondent at its Chillum Heights Apartment
location working as maintenance men, general
cleaners, stock clerk, engineer, but excluding
office clerical employees, guards and supervi-
sors as defined in the Act.
With respect to the unfair labor practices, the
complaint alleges that since on or about December
17, 1979, the Union has requested, and continues to
request, that Respondent meet and bargain collec-
tively with it with respect to rates of pay, wages,
and other terms and conditions of employment of
the unit employees. The complaint further alleges
that since on or about December 17, 1979, and con-
tinuing to date, Respondent has failed and refused
to meet and bargain collectively in good faith with
the Union. Respondent has not filed an answer to
the complaint.
252 NLRB No. 169
On July 29, 1980, counsel for the General Coun-
sel filed directly with the Board a Motion for Sum-
mary Judgment. Subsequently, on August 5, 1980,
the Board issued an order transferring the proceed-
ing to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent has
not filed 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 National Labor Relations
Board Rules and Regulations, Series 8, as amended,
provides, inter alia: "All allegations in the com-
plaint, if no answer is filed . . . shall be deemed to
be admitted to be true and shall be so found by the
Board . . . ."
As set forth above, Respondent has not filed an
answer to the complaint; the time within which to
file having passed, we find all allegations in the
complaint to be true. There being no issues in dis-
pute, we 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 RESPONDENT
Respondent, a partnership, is engaged in the
management and operation of an apartment com-
plex containing approximately 950 units known as
Chillum Heights Apartments located in Hyattsville,
Maryland. During the preceding 12 months, a rep-
resentative period, Respondent received more than
$500,000 in gross revenue from the operation of the
apartment complex. Respondent annually receives
goods valued in excess of $50,000 from places lo-
cated outside the State of Maryland.
We find, on the basis of the foregoing, that Re-
spondent is, and at all times material herein has
been, an employer engaged in commerce within the
meaning of Section 2(2), (6), and (7) of the Act,
and that it will effectuate the purposes of the Act
to assert jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
Service Employees International Union, Local
82, AFL-CIO, is a labor organization within the
meaning of Section 2(5) of the Act.
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CHILLUM HEIGHTS APARTMENTS
III. THE UNFAIR L.ABOR PRACTICES
At all times material herein prior to December
17, 1979, Respondent has recognized and bargained
with the Union as the exclusive bargaining repre-
sentative of the unit employees. The most recent
collective-bargaining agreement was effective for
the period March 1, 1977, through February 28,
1980, inclusive.
Since on or about December 17, 1979, the Union
has requested, and continues to request, that Re-
spondent meet and bargain collectively with it with
respect to rates of pay, wages, and other terms and
conditions of employment of the unit employees.
Since on or about December 17, 1979, and continu-
ing to date, Respondent has failed and refused, and
continues to refuse, to meet and bargain collective-
ly in good faith with the Union.
Accordingly, we find that Respondent has, since
December 17, 1979, and at all times thereafter, re-
fused to bargain collectively with the Union as the
exclusive representative of the unit employees, and
that, by such refusal, Respondent has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) and Section 8(d)
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 the oper-
ations described in section I, above, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and
tend to lead to labor disputes burdening and ob-
structing 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, we
shall order that it cease and desist therefrom, and,
upon request, bargain collectively with the Union
as the exclusive representative of all the employees
in the appropriate unit, and, if an understanding is
reached, embody such understanding in a signed
agreement.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Joseph P. Ratner, General Partner, and all
other Limited Partners, trading as Chillum Heights
Apartments Limited Partnership, is an employer
engaged in commerce within the meaning of Sec-
tion 2(2), (6), and (7) of the Act.
2. Service Employees International Union, Local
82, AFL-CIO, is a labor organization within the
meaning of Section 2(5) of the Act.
3. All regular full-time employees employed by
Respondent at its Chillum Heights Apartment loca-
tion working as maintenance men, general cleaners.
stock clerk, and engineer, but excluding office
clerical employees, and guards and supervisors as
defined in the Act, constitute a unit of employees
appropriate for the purposes of collective bargain-
ing within the meaning of Section 9(b) of the Act.
4. Since March 1, 1977, by virtue of Respon-
dent's recognition of, and a collective-bargaining
agreement with, the above-named labor organiza-
tion, said labor organization has been, and is now,
the exclusive representative of all the 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 on or about December 17, 1979,
and at all times thereafter, to bargain collectively
with the above-named labor organization as the ex-
clusive bargaining representative of all the employ-
ees of Respondent in the appropriate unit, Respon-
dent has engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(5) of
the Act.
6. By the aforesaid refusal to bargain, Respon-
dent has interfered with, restrained, and coerced,
and is interfering with, restraining, and coercing,
employees in the exercise of the rights guaranteed
them in Section 7 of the Act, and thereby has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(1) of the Act.
7. The aforesaid unfair labor practices are unfair
labor practices affecting commerce 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 Re-
lations Board hereby orders that the Respondent,
Joseph P. Ratner, General Partner, and all other
Limited Partners, trading as Chillum Heights
Apartments Limited Partnership, Hyattsville,
Maryland, its officers, agents, successors, and as-
signs, 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 Service Employees
International Union, Local 82, AFL-CIO, as the
exclusive bargaining representative of its employees
in the following appropriate unit:
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DECISIONS OF NATIONAI. ILABOR RELATIONS BOARD
All regular full-time employees employed by
Respondent at its Chillum Heights Apartment
location working as maintenance men, general
cleaners, stock clerk, engineer, but excluding
office clerical employees, guards and supervi-
sors as defined in the Act.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise 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 the employees in the aforesaid appropriate
unit with respect to rates of pay, wages, hours, and
other terms and conditions of employment, and, if
an understanding is reached, embody such under-
standing in a signed agreement.
(b) Post at its Chillum Heights apartment com-
plex located in Hyattsville, Maryland, copies of the
attached notice marked "Appendix."' Copies of
said notice, on forms provided by the Regional Di-
rector for Region 5, after being duly signed by Re-
spondent's representative, shall be posted by Re-
spondent 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. Rea-
sonable steps shall be taken by Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
(c) Notify the Regional Director for Region 5, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply here-
with.
i 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 Pursu-
ant 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 Service Employees International Union,
Local 82, AFL-CIO, as the exclusive repre-
sentative of all the employees in the bargaining
unit described below.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employ-
ees in the exercise of the rights guaranteed
them by Section 7 of the Act.
WE WILL, upon request, bargain with the
above-named Union, as the exclusive represen-
tative 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 agreement. The bargaining unit is:
All regular full-time employees employed by
Joseph P. Ratner, General Partner, and all
other Limited Partners, trading as Chillum
Heights Apartments Limited Partnership at
its Chillum Heights Apartment location
working as maintenance men, general clean-
ers, stock clerk, engineer, but excluding
office clerical employees, guards and super-
visors as defined in the Act.
JOSEPH P. RATNER, GENERAL PART-
NER, AND ALIl OTHER LIMITED PART-
NERS, TRADING AS CHILLUM
HEIGHTS APARTMENTS LIMITED
PARTNERSHIP
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