Father And Sons Lumber And Building Supplies, Inc.

National Labor Relations Board - Board Decisions

Feb 20, 1987

282 N.L.R.B. 1360 (N.L.R.B. 1987)

1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Father and Sons Lumber and Building Supplies, Inc.
and Joseph Grabowski . Case 7-CA-26279
20 February 1987
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND BABSON
Upon a charge filed by employee Michael Varal
9 October 1986,2 the General Counsel of the Na-
tional Labor Relations Board issued a complaint 17
November against the Company, the Respondent,
alleging that it has violated Section 8(a)(1) of the
National Labor Relations Act. Although properly
served copies of the charge and complaint, the
Company has failed to file an answer.
On 12 December the General Counsel filed a
Motion for Summary Judgment. On 17 December
the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why
the motion should not be granted. The Company
filed no response. The allegations in the motion are
therefore undisputed.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions provides that the allegations in the complaint
shall be deemed admitted if an answer is not filed
within 14 days from service of the complaint,
unless good cause is shown. The complaint states
that unless an answer is filed within 14 days of
service, "all of the allegations in the Complaint
shall be deemed to be admitted to be true and may
be so found by the Board." Further, the undisputed
allegations in the Motion for Summary Judgment
disclose that on 26 November the Regional Direc-
tor received a letter from the Respondent's counsel
of record which states that the Respondent is no
longer conducting business and that it does not
intend to respond to the complaint or defend the
action brought against it in this proceeding.
In the absence of good cause being shown for
the failure to file a timely answer, we grant the
General Counsel's Motion for Summary Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
I. JURISDICTION
The Company, a Michigan corporation, engages
in construction work at various jobsites. During
the period from 1 January to 1 November, a repre-
sentative period, it performed construction services
valued in excess of $100,000 for J. L. Dumas and
Co. and ARC Construction Co., a joint venture,
which in turn, during the same period performed
services valued in excess of $100,000 for the United
States Government. We find that the Company is
an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
Company President Michael Wudyka, on a fre-
quent and regular basis during April and May and
specifically on 13 May, interrogated employees
with regard to their involvement in ongoing Gov-
ernment investigations which were initiated be-
cause of employees' concerted complaints to vari-
ous Government agencies with regard to the
wages, hours, and other terms and conditions of
employment in effect at the Evergreen Estates job-
site in Detroit, Michigan.
Also on 13 May, Wudyka told an employee that
he knew which employees attended a meeting
where a Government investigator was present and
that he knew what the employees reported to the
investigator.
Since about 9 April 1986, and continuing on a
frequent basis at all times material herein and, spe-
cifically in mid-May 1986, and on 26 May, Michael
Wudyka and Supervisor Edwin T. Wudyka threat-
ened employees with layoff and/or termination in
the event they truthfully represented their wage
rates to Government investigators and/or pursued
their wage and hour complaints with various Gov-
ernment agencies.
During the period between 21 May and 25 June
the Respondent laid off or terminated the following
employees: Caldonia Sizer, Russell Barnes, and Mi-
chael Vara. On 26 June the Respondent reduced
Joseph Grabowski's hours of employment and
eventually laid him off on 23 July. The Respondent
reduced Grabowski's hours and laid off or termi-
nated Grabowski, Sizer, Barnes, and Vara because
they and other employees concertedly complained
to various Government agencies with regard to
their wages, hours, and other terms and conditions
of employment at the Evergreen estates jobsite.
' On 21 October 1986, Michael Vara was replaced by Joseph Gra-
bowski as the Charging Party herein
2 All dates are 1986
CONCLUSIONS OF LAW
By coercively interrogating employees about
their concerted complaints to various Government
282 NLRB No. 173
FATHER & SONS LUMBER 1361
agencies concerning their wages , hours, and other
terms and conditions of employment ; creating an
impression of surveillance of the employees' meet-
ing with a Government inspector investigating the
employees ' concerted complaints described above;
threatening layoffs or terminations if employees
truthfully represented their wage rates to Govern-
ment investigators and/or pursued their concerted
complaints described above ; reducing work hours;
and, laying off or terminating employees because of
their concerted complaints described above, the
Company has engaged in unfair labor practices af-
fecting commerce within the meaning of Section
8(a)(1) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged
in certain unfair labor practices, we shall order it
to cease and desist and to take certain affirmative
action designed to effectuate the policies of the
Act.
We shall also order that the Respondent offer
Caldonia Sizer, Russell Barnes , Michael. Vara, and
Joseph Grabowski immediate and full reinstatement
to their former positions of employment or, if those
positions are no longer available, to substantially
equivalent positions, without prejudice to their se-
niority or any other rights and privileges previous-
ly enjoyed,3 and make them whole for any loss of
pay or other benefits suffered as a result of the dis-
crimination against them as prescribed in F. W.
Woolworth Co, 90 NLRB 289 (1950), plus interest
as computed in Florida Steel Corp., 231 NLRB 651
(1977).
Further, we shall order the Respondent to make
whole Joseph Grabowski for any loss of pay and
other benefits suffered as a result of the discrimina-
tory reduction of his hours of employment, as pre-
scribed in 'F. W. Woolworth Co., 90 NLRB 289
(1950), plus interest as computed in Florida Steel
Corp., 231 NLRB 651 (1977).
We shall also order the Respondent to remove
any reference to the layoffs and reductions in hours
of employment or terminations from its files. Ster-
ling Sugars, 261 NLRB 472 (1982).
Finally, we deny the General Counsel's request
for a visitatorial provision as unnecessary here.
ORDER
'The National Labor Relations Board orders that
the Respondent, Father and Sons Lumber and
Building Supplies, Inc., Detroit, Michigan, its offi-
cers, agents, successors, and assigns, shall
3 As noted above, the Respondent's counsel has advised the Regional
Director that the Respondent is no longer conducting business This
matter is appropiately left to the the compliance stage of this proceeding.
1. Cease and desist from
(a) Coercively interrogating employees with
regard to their and other employees' involvement
with governmental investigations of the employees'
concerted complaints concerning wages, hours, and
other terms and conditions of employment.
(b) Creating an impression of surveillance with
regard to employee meetings with Government in-
vestigators investigating the employees' concerted
complaints concerning wages, hours, and other
terms and conditions of employment.
(c) Threatening to lay off or, terminate employ-
ees if they cooperate with Government investiga-
tions or pursue their concerted wage and hour
complaints with various Government agencies.
(d) Reducing hours of employment and/or
laying off or terminating employees because of
their concerted complaints to various Government
agencies concerning their wages, hours, and other
terms and conditions of employment.
(e) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Offer Caldonia Sizer, Russell Barnes, Michael
Vara, and Joseph Grabowski immediate and full re-
instatement to their former jobs or, if those jobs no
longer exist, to substantially equivalent positions,
without prejudice to their seniority or any other
rights or privileges previously enjoyed, and make
them whole for any loss of earnings and other ben-
efits suffered as a result of 'the discrimination
against them, in the manner, set forth in the remedy
section of the decision.
(b) Make whole-Joseph Grabowski for any loss
of pay or other benefits suffered as a result of the
discriminatory reduction of his hours of employ-
ment, in accordance with the remedy section of
this decision.
(c) Preserve and, on request, make available to
the Board or its agents for examination and copy-
ing, 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.
(d) Remove from its files any references to the
unlawful reductions in hours of employment and
the unlawful layoffs or terminations and notify em-
ployees Sizer, Barnes, Vara, and Grabowski that
this has been done and that the unlawful actions
against them will not be used against them in any
way.
1362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(e) Post at its facility in Detroit, Michigan, and
at its jobsite known as Evergreen Estates, Detroit,
Michigan, copies of the attached notice marked
"Appendix."4 Copies of the notice, on forms pro-
vided by the Regional Director for Region 7, after
being signed by the Respondent's authorized repre-
sentative, shall be posted by the Respondent imme-
diately upon receipt and maintained for 60 consec-
utive days in conspicuous places including all
places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered,
defaced, ,or covered by any other material.
(f) Notify the, Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
4 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice ieadmg "Posted by Order of the Nation-
al 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
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT coercively interrogate employees
with regard to their and other employees' involve-
ment with governmental investigations of their
concerted wage and hour complaints.
WE WILL NOT create an impression of surveil-
lance with' regard to employee meetings with Gov-
ernment investigators concerning their concerted
complaints with regard to wages, hours, and other
terms and conditions of employment.
WE WILL NOT threaten to lay off or terminate
employees if they cooperate with Government in-
vestigators or pursue their wage and hour com-
plaints with various Government agencies.
WE WILL NOT reduce hours of employment
and/or lay off or terminate employees because of
their concerted complaints to various Government
agencies concerning their wages, hours, and other
terms and conditions of employment.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
- WE WILL offer Caldonia Sizer, Russell Barnes,
Michael Vara, and Joseph Grabowski immediate
and full reinstatement to their former jobs or, if
those jobs no longer exist, to substantially equiva-
lent positions, without prejudice to their seniority
or any other rights or privileges previously en-
joyed and WE WILL make them whole for any loss
of earnings and other benefits resulting from their
discharge, less any net interim earnings, plus inter-
est.
WE WILL make Joseph Grabowski whole for any
loss of pay or other benefits suffered as a result of
his reduction in hours of employment, with inter-
est.
WE WILL notify Sizer, Barnes, Vara, and Gra-
bowski that we have removed from our files any
reference to their reduction in hours of employ-
ment and/or their layoffs or terminations and that
our unlawful actions will not be used against them
in any way.
FATHER AND SONS LUMBER AND
BUILDING SUPPLIES, INC.