Donray Products Co.

National Labor Relations Board - Board Decisions

Jul 11, 1972

198 N.L.R.B. 122 (N.L.R.B. 1972)

;122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Donray Products Company and Laundry and Dry
Cleaning International Union , Industrial and Cleri-
cal Workers Local 614, AFL-CIO. Case
8-CA-6868
July 11, 1972
DECISION AND ORDER
BY MEMBERS JENKINS , KENNEDY, AND
PENELLO
Upon a charge filed on February 15, 1972, by
Laundry and Dry Cleaning International Union,
Industrial) and Clerical Workers Local 614, AFL-
CIO, herein called the !Union, and (duly served on
Donray Products Company, herein called I the! Re-
spondent, the General Counsel of the National Labor
Relations Board, by the Regional Director for
Region 8, issued a complaint on March 31, 1972,
against Respondent, alleging that Respondent had
engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of
Section 8(a)(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 a Trial Examiner were duly served on the
parties to this proceeding.
With respect to the unfair labor practices, the
complaint alleges that Respondent violated Section
8(a)(1) of the Act by interrogating its employees
concerning their union membership, activities, sym-
pathies, and desires, threatened its employees with
reprisals because of such activities or sympathies,
and requested an employee to furnish Respondent
with names of active union supporters. The Respon-
dent did not file an answer to the complaint.
On May 10, 1972, counsel for the General Counsel
filed directly with the Board a Motion for Summary
Judgment based upon Respondent's failure to file an
answer as required by Section 102.20 of the Board's
Rules and Regulations, Series 8, as amended.
Subsequently, on May 15, 1972, the Board issued an
or ter transferring the proceeding to the Board and a
Notice To Show Cause why the General Counsel's
motion should not be granted. Respondent 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
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
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 served on the
Respondent specifically stated that unless an answer
was filed to the complaint within 10 days from the
service thereof "all of the allegations of the com-
plaint shall be deemed to be admitted to be true and
may be so found by the Board." As noted, the
Respondent did not at any time file an answer to the
complaint, nor did it file a response to the Notice To
Show Cause. No good cause to the contrary having
been shown, in accordance with the rule set forth
above, the allegations in the complaint are deemed to
be admitted and are found to be true.' We shall,
accordingly, grant the Motion for Summary Judg-
ment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Respondent is, and has been at all times material
herein, an Ohio corporation with its principal office
and place of business in Mayfield Village, Ohio,
where it is engaged in the manufacture of ` foam
plastic material. Annually, in the course and conduct
of its business operations, Respondent ships from its
Mayfield Village, Ohio, plant directly to points
outside the State of Ohio products valued in excess of
$50,000.
We find, on the basis of the foregoing, that
Respondent is, and has been at all times material
herein, an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and that
1 Wilson and Sons, 193 NLRB 135,0
198 NLRB No. 22
DONRAY PRODUCTS COMPANY
it will effectuate the policies of the Act to assert
jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
Laundry and Dry Cleaning International Union,
Industrial and Clerical Workers Local 614, AFL-
C1O,'is a ' labors organization within the meaning ,-off,
Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
Respondent, through its agent and supervisor,
Plant Manager Charles Luck, on or about February
2, 1972, interrogated its employees concerning their
union membership, sympathies, and desires; on or
about February 3, 1972, requested an employee to
furnish Respondent with names of active union
supporters; on or about February 15, 1972, interro-
gated an employee concerning his union member-
ship, activities; sympathies, and desires and/or
threatened its employees with reprisals because of
such activities or sympathies; and again on or about
February 17, 1972, similarly interrogated an employ-
ee and/or threatened its employees. On or about
February 17, 1972, Respondent, through its agent
and supervisor, Production Foreman Faye Heggler,
interrogated an employee concerning his union
activities, sympathies, and desires.
Accordingly, we find that by the aforesaid conduct,
Respondent interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed
under Section 7 of the Act and that, by such conduct,
the Respondent has engaged in and is engaging in
unfair labor practices within the meaning of Section
8(a)(1) 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 certain unfair labor practices within
the meaning of Section 8(a)(1) of the Act, we shall
order that Respondent cease and desist therefrom
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
123
and take certain affirmative action designed to
effectuate the policies of the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Donray Products Company is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Laundry and Dry Cleaning International
Union, Industrial and Clerical Workers Local 614,
AFL-CIO, is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. By the acts and conduct described in section
III, above, Respondent has interfered with, re-
strained, and coerced employees in the exercise of
the 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 8(a)(1)
of the Act.
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
Relations Board hereby orders that Respondent,
Donray Products Company, Mayfield Village, Ohio,
its officers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Interrogating its employees concerning their
union membership, activities, sympathies, or desires.
(b) Threatening its employees with reprisals be-
cause of their union membership, activities, sympa-
thies, or desires.
(c) Requesting any employee to furnish names of
active union supporters.
(d) In any like or related manner interfering with,
restraining, or coercing employees in the exercise 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) Post at its Mayfield Village, Ohio, plant copies
of the attached notice marked "Appendix." 2 Copies
of said notice, on forms provided by the Regional
Director for Region 8, 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 thereaft-
er, in conspicuous places, including all places where
notices to employees-are customarily posted. Reason-
Judgment of the United - States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
124 DECISIONS OF NATIONAL
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or covered
by any other material.
(b) Notify the Regional Director for Region 8, in
writing , within 20 days from the date of this Order,
what steps have been taken to comply herewith.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT interrogate our employees con-
cerning their union membership, activities, sym-
pathies , or desires.
WE WILL NOT threaten our employees with
reprisals because of their union membership,
activities , sympathies , or desires.
WE WILL NOT request any of our employees to
furnish us names of active union supporters.
LABOR RELATIONS BOARD
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.
DONRAY PRODUCTS
COMPANY
(Employer)
Dated By
(Representative) (Title)
This is an official notice and must not be defaced
by anyone.
This notice must remain posted for 60 consecutive
days from the date of posting and must not be
altered, defaced , or covered by any other material.
Any questions concerning this notice or compli-
ance with its provisions may be directed to the
Board's Office, 1695 Federal Office Building, 1240
East Ninth Street , Cleveland , Ohio 44199 , Telephone
216-522-3715.