Colonial Metal Spinning & Stamping Co.

National Labor Relations Board - Board Decisions

Jul 18, 2001

334 N.L.R.B. 88 (N.L.R.B. 2001)

334 NLRB No. 88
1
NOTICE: This opinion is subject to formal revision before publication in the
bond volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Colonial Metal Spinning and Stamping Co., Inc. and
Regency Metal Stamping Co., Inc., and its alter
egos and successors, Resolution Realty Holding
Co., Inc., Robinson Lamp Parts, Inc., at Casting
Corp., a/k/a A&T Casting, Inc., All American
Casting and Stamping Co., Inc., Meyda Steel,
Inc., Continental Metal Stamping., Inc., Anton
Novil, Inc., Isaac Tyrnauer, Chana Kepecs and
Anshel Tyrnauer and Metal Spinners and Silver
Plated Hollowware Workers’ Union, Local 49E,
Service Employees International Union, AFL–
CIO and its successor Local 74, Service Employ-
ees International Union, AFL–CIO Cases 29–
CA–15562, 29–CA–15813, and 29–CA–15964
July 18, 2001
SECOND SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN HURTGEN AND MEMBERS
LIEBMAN AND WALSH
On January 7, 1993, the National Labor Relations
Board issued a Decision and Order,1 inter alia, ordering
Respondent Colonial Metal Spinning and Stamping Co.,
Inc., and its alter ego Regency Metal Stamping Co., Inc.
(collectively Respondents Colonial and Regency), their
officers, agents, successors, and assigns, to make whole
unit employees Carlos Asang and Carlos Padin for any
loss of earnings and other benefits suffered by them be-
cause of the discrimination against them in violation of
the National Labor Relations Act; to comply with the
terms of the collective-bargaining agreement between
Respondents Colonial and Regency and the Metal Spin-
ners and Silver Plated Hollowware Workers’ Union, Lo-
cal 49E, Service Employees International Union, AFL–
CIO and its successor Local 74, Service Employees In-
ternational Union, AFL–CIO, by making the required
monthly payments to the Retirement Fund and Insurance
Fund; and to make whole the unit employees and the
Funds for any losses they may have suffered as a result
of the Respondents’ failure to make the required pay-
ments. On April 13, 1993, the United States Court of
Appeals for the Second Circuit entered its judgment en-
forcing the Board’s Order.2
A controversy having arisen over the amount of back-
pay due, on February 11, 1998, the Regional Director for
Region 29 issued a compliance specification and notice

1 310 NLRB 21.
2 No. 93-4066.
of hearing alleging the amount due under the Board’s
Order, and notifying the Respondents that they should
file a timely answer complying with the Board’s Rules
and Regulations. Thereafter, on June 9, 1998, the Board
issued a Supplemental Decision and Order that fixed the
amounts owed by Respondents Colonial and Regency
under the court’s April 13, 1993 judgment.3 On March
24, 1999, the United States Court of Appeals for the Sec-
ond Circuit entered a Supplemental Judgment enforcing
in full the Supplemental Order of the Board.
A further controversy has now arisen as to whether the
following corporate entities should be jointly and sever-
ally required to comply with the Court’s Supplemental
Judgment: Resolution Realty Holding Co., Inc., Robin-
son Lamp Parts, Inc., AT Casting Corp. a/k/a A&T Cast-
ing, Inc., All American Casting and Stamping Co., Inc.,
Meyda Steel, Inc., Continental Metal Stamping, Inc., and
Anton Novil Inc. A controversy has also arisen over
whether the following individuals should be jointly and
severally required to comply with the court’s
Supplemental Judgment: Isaac Tyrnauer, Chana Kepecs
and Anshel Tyrnauer. On April 11, 2001, the Regional
Director for Region 29 issued a notice of hearing in the
above-captioned case, alleging as follows:
At all material times, Isaac Tyrnauer and Anshel Tyr-
nauer have been the officers and shareholders of Re-
spondents Colonial and Regency, and have had full
knowledge of their affairs.
At all material times, Resolution Realty Holding Co.,
Inc. (Resolution), a domestic corporation, has had its
principal place of business located at 133 North 8th
Street, Brooklyn, New York, or at 18 Market Street, Pat-
terson, New Jersey. At all material times, Resolution has
existed for the purpose of buying, selling, renting, own-
ing, holding and operating real property. At all material
times, Isaac Tyrnauer, his wife Chana Kepecs, and An-
shel Tyrnauer have been the officers and shareholders of
Resolution and have been personally responsible for the
corporate policies and the operations of Resolution.
On September 30, 1996, Universal Marketing Con-
cepts, Inc., f/k/a Pals Associates, Inc. d/b/a Colonial
Metal Spinning and Stamping Co., Inc. conveyed to
Resolution the real property located at 133-141 North
Seventh Street, 142-144 North 8th Street and 115 Berry
Street, Brooklyn, New York.
Respondents Colonial and Regency established Reso-
lution for the purpose of holding the real property located
at 133-141 North Seventh Street, 142-144 North 8th
Street and 115 Berry Street, Brooklyn, New York. The
business of Respondents Colonial and Regency operated

3 325 NLRB No. 163.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
at the addresses referred to above at the time they com-
mitted the adjudicated unfair labor practices that resulted
in the Board Order and the Judgment of the Court of Ap-
peals as set forth above. At all material times, Respon-
dents Colonial and Regency and Resolution have been
affiliated business enterprises with common officers,
ownership, operators, premises and facilities.
Based on the above, Respondents Colonial and Re-
gency and Resolution have been a single employer
within the meaning of the Act, and Resolution has been
an alter ego of Respondents Colonial and Regency.
Therefore, Resolution is jointly and severally liable to
comply with the Board’s Supplemental Order and the
Supplemental Judgment of the Court of Appeals.
Robinson Lamp Parts, Inc. (Robinson) is a domestic
corporation with its principal place of business located at
18 Market Street, Patterson, New Jersey. On about
March 25, 1998, Respondents Colonial and Regency and
Robinson began the process of merging their operations.
In or around May 1998, Respondents Colonial and Re-
gency transferred their operations, including machinery,
equipment, and inventory from 133 North 8th Street,
Brooklyn, New York, to 18 Market Street, Patterson,
New Jersey, the premises occupied by Robinson. Since
about May 1998, Robinson has continued to operate the
business of Respondents Colonial and Regency and em-
ployed as a majority of its employees individuals who
were previously employed by Respondents Colonial and
Regency.
On August 5, 1998, Resolution conveyed the proper-
ties located at 133-141 North Seventh Street, 142-144
North 8th Street and 115 Berry Street, Brooklyn, New
York, and Resolution issued a purchase money mortgage
to the purchaser. On October 23, 1999, the mortgagee
repurchased the purchase money mortgage from Resolu-
tion for $243,000. Resolution distributed the proceeds of
the purchase and the purchase money mortgage to the
officers and shareholders of Respondents Colonial and
Regency and Resolution, Isaac Tyrnauer, his wife Chana
Kepecs, and Anshel Tyrnauer, and to the single-
integrated enterprise described below, and their creditors.
AT Casting Corp. a/k/a A&T Casting, Inc. (AT) is a
domestic corporation with its principal place of business
located at 18 Market Street, Patterson, New Jersey. All
American Casting and Stamping Co., Inc. (All Ameri-
can) is a domestic corporation with its principal place of
business located at 18 Market Street, Patterson, New
Jersey. In or around November 1999, Robinson and AT
began doing business as All American. Since in or
around December 1999, All American has continued to
operate the business of Robinson with individuals who
were previously employed by Respondents Colonial and
Regency at 18 Market Street, Patterson, New Jersey.
Meyda Steel, Inc. (Meyda) is a domestic corporation
with its principal place of business located at 18 Market
Street, Patterson, New Jersey. Continental Metal Stamp-
ing, Inc. (Continental) is a domestic corporation with its
principal place of business located at 18 Market Street,
Patterson, New Jersey. Anton Novil, Inc. (Novil) is a
domestic corporation with its principal place of business
located at 18 Market Street, Patterson, New Jersey.
At all material times, Isaac Tyrnauer and Anshel Tyr-
nauer have been the officers and shareholders of Robin-
son, AT, All American, Meyda, Continental, and Novil,
and have been personally responsible for the corporate
policies and all operations of Robinson, AT, All Ameri-
can, Meyda, Continental, and Novil.
At all material times, Respondents Colonial and Re-
gency, Resolution, Robinson, AT, All American, Meyda,
Continental, and Novil have been affiliated business en-
terprises with common officers, ownership, directors,
management and supervision; have formulated and ad-
ministered a common labor policy; have shared common
premises and facilities; have provided services for and
made sales to each other; have interchanged personnel
with each other; and have held themselves out to the pub-
lic as a single-integrated business enterprise.
Based on their operations, Respondents Colonial and
Regency, Resolution, Robinson, AT, All American,
Meyda, Continental, and Novil constitute a single-
integrated business enterprise and a single employer
within the meaning of the Act, and Resolution, Robin-
son, AT, All American, Meyda, Continental, and Novil
have been alter egos of Respondents Colonial and Re-
gency.
By virtue of the facts that Respondents Colonial and
Regency, Resolution, Robinson, AT, All American,
Meyda, Continental, and Novil are a single integrated
enterprise and a single employer, and that they share
common officers and shareholders, Resolution, Robin-
son, AT, All American, Meyda, Continental, and Novil
were put on notice of the actual liability in Board cases
29–CA–15562, 29–CA–15813, and 29–CA–15964, the
Supplemental Board Order, and the Supplemental Judg-
ment of the Court of Appeals, as set forth above.
Based on the conduct and operations described above,
Resolution, Robinson, AT, All American, Meyda, Conti-
nental, and Novil have continued the employing entity
with actual notice of the liability of Respondents Colo-
nial and Regency and are legally obligated, as alter egos
of Respondents Colonial and Regency and/or as succes-
sors of Respondents Colonial and Regency, to remedy
the unfair labor practices of Respondents Colonial and
A & T CASTING, INC. 3
Regency, and therefore are jointly and severally liable to
comply with the Supplemental Board Order and the Sup-
plemental Judgment of the Court of Appeals.
At all material times, Respondents Colonial and Re-
gency, Resolution, Robinson, AT, All American, Meyda,
Continental, and Novil have been undercapitalized, have
disregarded corporate form, have transferred corporate
assets without fair consideration, have failed to maintain
an arm’s-length relationship between and among these
corporations and have used corporate assets to pay per-
sonal expenses of Isaac Tyrnauer, Chana Kepecs and
Anshel Tyrnauer.
Based on these facts, Isaac Tyrnauer, Chana Kepecs
and Anshel Tyrnauer are each employers under the Act,
and are alter egos of Respondents Colonial and Regency,
Resolution, Robinson, AT, All American, Meyda, Conti-
nental, and Novil, and therefore, are jointly and severally
liable to comply with the Supplemental Board Order and
the Supplemental Judgment of the Court of Appeals.
Although properly served with copies of the notice of
hearing, all the Respondents failed to file an answer.4
On May 3, 2001, counsel for the General Counsel sent
a letter by certified and regular mail to each of the Re-
spondents and to Michael Halberstam, counsel for all
Respondents except Chana Kepecs and Anshel Tyrnauer,
advising the Respondents that no answer to the Notice of
Hearing had been received and that unless an appropriate
answer was filed by May 10, 2001, summary judgment
would be sought.5 None of the Respondents filed an
answer.
On May 14, 2001, the Ge neral Counsel filed with the
Board a Motion for Summary Judgment, with exhibits
attached. On May 18, 2001, the Board issued an order
transferring the proceeding to the Board and a Notice to
Show Cause why the motion should not be granted.
None of the Respondents filed a response. The allega-

4 It appears that Respondent Anshel Tyrnauer refused to accept ser-
vice of the notice of hearing when the United States Postal Service
attempted to deliver it by certified mail, because no return receipt has
been received. The copy of the notice of hearing that was sent by regu-
lar mail to Respondent Anshel Tyrnauer has not been returned by the
Postal Service. This Respondent’s failure or refusal to accept cert ified
mail cannot serve to defeat the purposes of the Act. See Michigan
Expediting Service, 282 NLRB 210 fn. 6 (1986). Further, the failure of
the Postal Service to return documents served by regular mail indicates
actual receipt of those documents by the Respondent. J&W Drywall
Co., 308 NLRB 517, 518 (1992).
5 On May 8, 2001, Counsel Halberstam telephoned the counsel for
the General Counsel and stated that Anshel Tyrnauer had received the
May 3, 2001 letter but that Halberstam was not sure if he would be
representing Anshel Tyrnauer. On May 10, Halberstam notified coun-
sel for the General Counsel in a voice mail message that he was repre-
senting all of the Respondents except Chana Kepecs and Anshel Tyr-
nauer.
tions in the motion and in the notice of hearing are there-
fore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on the Motion for Su mmary Judgment
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that the Respondent shall file an answer
within 21 days from service of a compliance specifica-
tion. Section 102.56(c) of the Board’s Rules and Regula-
tions states:

If the respondent fails to file any answer to the specifi-
cation within the time prescribed by this section, the
Board may, either with or without taking evidence in
support of the allegations of the specification and with-
out further notice to the respondent, find the specifica-
tion to be true and enter such order as may be appropri-
ate.

According to the uncontroverted allegations of the Mo-
tion for Summary Judgment, the Respondents, despite
having been advised of the filing requirements, have
failed to file an answer to the notice of hearing. In the
absence of good cause for the Respondents’ failure to file
an answer, we deem the allegations in the Notice of
Hearing to be admitted as true, and grant the General
Counsel’s Motion for Summary Judgment. Accordingly,
we conclude that the net backpay due is as stated in the
compliance specification and we will order payment by
the Respondents of said amounts, plus interest accrued to
the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondents, Colonial Metal Spinning and Stamping
Co., Inc. and Regency Metal Stamping Co., Inc., and its
alter egos and successors, Resolution Realty Holding
Co., Inc., Robinson Lamp Parts, Inc., AT Casting Corp.,
a/k/a A&T Casting, Inc., All American Casting and
Stamping Co., Inc., Meyda Steel, Inc., Continental Metal
Stamping, Inc., Anton Novil, Inc., Isaac Tyrnauer,
Chana Kepecs and Anshel Tyrnauer, Brooklyn, New
York, their officers, agents, successors, and assigns,
jointly and severally are liable to comply with the
Board’s Supplemental Decision and Order, reported at
325 NLRB No. 163 (1998) (not reported in Board vol-
umes), as enforced by the Supplemental Judgment of the
United States Court of Appeals for the Second Circuit on
March 24, 1999, and shall make whole the individuals,
the Union and the Funds named below, by paying them
the amounts specified, plus interest, and minus tax with-
holdings from the wage payments required by Federal,
state, and local laws:
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4

Carlos Asang $55,644.25
Carlos Padin $31,514.70

Vacation Pay (as specified in
Appendix C of the compliance
Specification) $69,960.71

Holiday Pay (as specified in
Appendix D of the compliance
specification) $56,930.72

Insurance Fund $48,222.59
Retirement Fund $7200.54
Dues $5879.25
Total $275,352.76

Dated, Washington, D.C. July 18, 2001

Peter J. Hurtgen, Chairman

Wilma B. Liebman, Member

Dennis P. Walsh, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD