Federation Of Employees Union, Local 1027

National Labor Relations Board - Board Decisions

Jan 14, 1981

254 N.L.R.B. 491 (N.L.R.B. 1981)

FEDERATION OF EMPLOYEES UNION, LO()CAL 1027
Federation of Employees Union, Local 1027 (Edward
Darden t/a Joseph Darden & Son) and Local
332, Laborers' International Union of North
America. Case 4-CB-4054
January 14, 1981
DECISION AND ORDER
BY MEMBERS PENEI.LO, TRUESDALE, AND
ZIMMERMAN
Upon a charge filed on July 11, 1980, by Local
332, Laborers' International Union of North Amer-
ica, and duly served on Federation of Employees
Union, Local 1027, herein called Respondent
Union, the General Counsel of the National Labor
Relations Board, by the Acting Regional Director
for Region 4, issued a complaint and notice of
hearing on August 19, 1980, against Respondent
Union, alleging that Respondent Union had en-
gaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Section
8(b)(1)(A) and (2) of the National Labor Relations
Act, as amended. Copies of the charge and the
complaint and notice of hearing before an adminis-
trative law judge were duly served on the parties
to this proceeding. Respondent Union failed to file
an answer to the complaint.
On November 21, 1980, counsel for the General
Counsel filed directly with the Board a "Motion
for Summary Judgment and For the Issuance of
Decision and Order." Subsequently, on December
1, 1980, the Board issued an order transferring the
proceeding to the Board and a Notice To Show
Cause why the General Counsel's Motion for Sum-
mary Judgment should not be granted. Respondent
failed to file a response to the Notice To Show
Cause and therefore the allegations in the Motion
for Summary Judgment stand uncontroverted.
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 Board's Rules and Regula-
tions, Series 8, as amended, provides:
The respondent shall, within 10 days from the
service of the complaint, file an answer there-
to. 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
254 NLRB No. 56
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
Respondent Union herein specifically states that,
unless an answer to the complaint is filed within 10
days of service thereof, "all of the allegations in
the Complaint shall be deemed to be admitted to be
true and may be so found by the Board." As noted
above, Respondent Union has failed to file an
answer to the complaint and has failed to file a re-
sponse to the Notice To Show Cause.
Accordingly, under the rule set forth above, no
good cause having been shown for the failure to
file a timely answer, the allegations of the com-
plaint are deemed admitted and are found to be
true, and we shall grant the General Counsel's
Motion for Summary Judgment.
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Edward Darden t/a Joseph Darden & Son,
herein called Darden, is, and has been at all times
material herein, a sole proprietorship, engaged in
the construction business, with a principal office lo-
cated in Atlantic City, New Jersey. During the
year preceding issuance of the complaint, Darden,
in the course and conduct of its business oper-
ations, performed services valued in excess of
$50,000 in States other than the State of New
Jersey.
We find, on the basis of the foregoing, that
Darden 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
it will effectuate the policies of the Act to assert
jurisdiction herein.
II. THE LABOR ORGANIZATIONS INVOLVED
Federation of Employees Union, Local 1027, and
Local 332, Laborers' International Union of North
America, are, and have been at all times material
herein, labor organizations within the meaning of
Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
In or about the week of May 12, 1980, Respon-
dent Union, through its agents, requested Darden
to discharge its employee Emanuel Jenkins for non-
491
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
payment of dues to Respondent Union. On or
about May 15, 1980, Respondent Union caused
Darden to discharge Emanuel Jenkins in accor-
dance with the request of Respondent Union de-
scribed above, notwithstanding the failure of Re-
spondent Union to give Emanuel Jenkins proper
notice of his obligation to pay said dues; and at all
times since May 15, 1980, Darden has failed and re-
fused to reinstate Emanuel Jenkins to his former or
substantially equivalent position of employment.
Accordingly, we find that by the aforesaid con-
duct Respondent Union has caused, and attempted
to cause, and is causing, and attempting to cause,
an employer to discrimnate against its employees in
violation of Section 8(a)(3) of the Act, and Respon-
dent Union thereby has been and is engaging in
unfair labor practices within the meaning of Sec-
tion 8(b)(1)(A) and (2) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent Union set forth in
section III, above, occurring in connection with
the operations 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 ob-
structing commerce and the free flow of com-
merce.
V. THE REMEDY
Having found that Respondent Union has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(b)(1)(A) and (2) of
the Act, we shall order it to cease and desist there-
from and take affirmative action designed to effec-
tuate the policies of the Act.
We shall order Respondent Union to notify
Darden, in writing, with a copy to Emanuel Jen-
kins, that it withdraws its objections to Darden's
employment of Jenkins and requests it to offer him
reinstatement and the restoration of his seniority
and other rights and privileges as they existed on
or about May 15, 1980, the date of his discharge.
We shall order Respondent Union to make Jen-
kins whole for any loss of pay suffered by reason
of the discrimination against him, by payment to
him of a sum of money equal to the amount he
would normally have earned as wages from the
date of his discharge to the date set forth herein-
after, less his net earnings during this period. The
loss of earnings shall be computed in the manner
prescribed in F. W. Woolworth Company, 90 NLRB
289 (1950), with interest as prescribed in Florida
Steel Corporation, 231 NLRB 651 (1977).1 Respon-
I See, generally, Isis Plumbing Heating Co., 1.38 NLRB 716 (1962)
dent's backpay liability shall terminate 5 days after
it notifies Darden that it has no objection to Jen-
kins' reinstatement, as provided above.
CONCLUSIONS OF LAW
1. Edward Darden t/a Joseph Darden & Son is
an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. Federation of Employees Union, Local 1027,
and Local 332, Laborers' International Union of
North America, are labor organizations within the
meaning of Section 2(5) of the Act.
3. By attempting to cause and causing Edward
Darden t/a Joseph Darden & Son to discharge
Emanuel Jenkins for failure to tender periodic dues
without giving him proper notice of his obligation
to pay said dues, Respondent Union has engaged
in, and continues to engage in, unfair labor prac-
tices within the meaning of Section 8(b)(1)(A) and
(2) of the Act.
4. 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,
Federation of Employees Union, Local 1027,
Newark, New Jersey, its officers, agents, and rep-
resentatives, shall:
1. Cease and desist from:
(a) Causing or attempting to cause Edward
Darden t/a Joseph Darden & Son to discharge or
otherwise discriminate against Emanuel Jenkins or
any other employees for failure to tender periodic
dues without giving them proper notice of their
obligations to pay said dues, in violation of Section
8(a)(3) of the Act.
(b) In any like or related manner restraining or
coercing employees in the exercise of rights guar-
anteed in Section 7 of the Act, except to the extent
that such rights may be affected by an agreement
requiring membership in a labor organization as a
condition of employment, as authorized by Section
8(a)(3) of the Act.
2. Take the following affirmative action, which
the Board finds will effectuate the policies of the
Act:
(a) Make Emanuel Jenkins whole for any loss of
pay he may have suffered as a result of the discrim-
ination against him in the manner set forth in the
section above entitled "The Remedy."
(b) Notify Edward Darden t/a Joseph Darden,
in writing, with a copy to Emanuel Jenkins, that it
withdraws its objections to Jenkins' employment
492
FEDERATION OF EMPLOYEES UNION, LOCAL 1027
and requests the Employer to offer Jenkins rein-
statement and the restoration of his full seniority
and other rights and privileges as they existed on
or about May 15, 1980, the date of Jenkins' dis-
charge.
(c) Post at its business office copies of the at-
tached notice marked "Appendix. " 2 Copies of said
notice, on forms provided by the Regional Direc-
tor for Region 4, after being duly signed by Re-
spondent Union's representative, shall be posted by
Respondent Union immediately upon receipt there-
of, and be maintained by it for 60 consecutive days
thereafter, in conspicuous places, including all
places where notices to members are customarily
posted. Reasonable steps shall be taken by Respon-
dent Union to insure that said notices are not al-
tered, defaced, or covered by any other material.
(d) Forward a sufficient number of signed copies
of the notice to the Regional Director for Region
4, for posting by the Employer at its place of busi-
ness in Atlantic City, New Jersey, in places where
notices to employees are customarily posted, if the
Employer is willing to do so.
(e) Notify the Regional Director for Region 4, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
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 Pursu-
ant to a Judgment of The United States Court of Appeals Enforcing an
Order of The National Labor Relations Board.
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT cause or attempt to cause
Edward Darden t/a Joseph Darden & Son to
discharge or to otherwise discriminate against
Emanuel Jenkins or any other employee for
failure to tender periodic dues without giving
them proper notice of their obligations to pay
said dues, in violation of Section 8(a)(3) of the
Act.
WE WILL NOT in any like or related manner
restrain or coerce employees in the exercise of
the rights guaranteed in Section 7 of the Act,
except to the extent that such rights may be af-
fected by an agreement requiring membership
in a labor organization as a condition of em-
ployment.
WE WIlil. make Emanuel Jenkins whole for
any loss of pay suffered because of the dis-
crimination against him, with interest.
WE WII.l. notify Edward Darden t/a Jospeh
Darden & Son, in writing, with a copy to
Emanuel Jenkins that we withdraw our objec-
tions to Jenkins' employment and request Jen-
kins' reinstatement and the restoration of his
full seniority and other rights and privileges as
they existed on or about May 15, 1980, the
date of his discharge.
FEDERATION OF EMPLOYEES UNION,
LOCAI. 1027
493