Food & Commercial Workers Local 619C (Cabot Corp.)

National Labor Relations Board - Board Decisions

Jul 18, 2006

347 N.L.R.B. 54 (N.L.R.B. 2006)

347 NLRB No. 54
1
International Chemical Workers Union Coun-
cil/United Food and Commercial Workers, Lo-
cal 619C (Cabot Corporation) and David Cam-
eron and Walter Reigner. Cases 4–CB–9611 and
4–CB–9612
July 18, 2006
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN
AND SCHAUMBER
The General Counsel seeks a default judgment in these
cases on the ground that the Respondent has failed to file
an answer to the consolidated complaint. Upon charges
and amended charges filed on December 19, 2005 and
February 8, 2006, respectively, by David Cameron in
Case 4–CB–9611 and by Walter Reigner in Case 4–CB–
9612, the General Counsel issued the consolidated com-
plaint on April 19, 2006, against International Chemical
Workers Union Council/United Food and Commercial
Workers, Local 619C (the Respondent), alleging that it
has violated Section 8(b)(1)(A) of the Act. The Respon-
dent failed to file an answer.
On June 8, 2006, the General Counsel filed a corrected
Motion for Default Judgment with the Board. Thereaf-
ter, on June 9, 2006, the Board issued an order transfer-
ring the proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The Re-
spondent filed no response.1 The allegations in the mo-
tion are therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is
shown. In addition, the consolidated complaint affirma-
tively stated that unless an answer was filed by May 3,
2006, all the allegations in the complaint could be found
to be true. Subsequently, the Region granted the Re-
spondent an extension of time until May 12, 2006, to file
its answer. Further, the undisputed allegations in the
General Counsel’s motion disclose that the Region, by
letter dated May 25, 2006, notified the Respondent that
unless an answer was received by June 1, 2006, a motion
for default judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s corrected motion for default judgment.

1 The Charging Parties filed a statement in support of the General
Counsel’s motion.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, Cabot Corporation (Cabot), a
Delaware corporation with a facility in Boyertown,
Pennsylvania (the plant), has been engaged in the manu-
facture of chemicals and performance materials.
During the 12-month period preceding issuance of the
complaint, Cabot, in conducting its business operations
described above, sold and shipped goods valued in ex-
cess of $50,000 directly to points outside the Common-
wealth of Pennsylvania.
At all material times, Cabot has been an employer en-
gaged in commerce within the meaning of Section 2(2),
(6), and (7) of the Act.
At all material times, the Respondent, International
Chemical Workers Union Council/United Food and
Commercial Workers, Local 619C has been a labor or-
ganization within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Charles Wise has been the presi-
dent of the Respondent and an agent of the Respondent
within the meaning of Section 2(13) and Section 8(b) of
the Act.
From on or about June 20, 2005 to on or about No-
vember 18, 2005, certain of Cabot’s employees engaged
in a strike and picketing at the plant.
On several occasions during the period from June 1
through September 30, 2005, the Respondent, by Charles
Wise at the Respondent’s meetings at the Keystone Fire
Company, the Gablesville Athletic Association, and at
the Respondent’s strike headquarters near the plant, told
employees that they would lose their jobs if they crossed
the picket line to return to work.
During the period from June 1 through September 30,
2005, the Respondent posted at its strike headquarters
near the plant a document containing the following
statement:
If you are thinking about crossing the line remember
this; if we win an unfair labor practice and you crossed
the line YOU will be looking for a job for you will not
be working for “scabot” and maybe not any union
shop!
CONCLUSION OF LAW
By the conduct described above, the Respondent re-
strained and coerced employees in the exercise of the
rights guaranteed in Section 7 of the Act, in violation of
Section 8(b)(1)(A) of the Act. The Respondent’s unfair
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
labor practices affect commerce within the meaning of
Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain 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. Specifically, we shall
order the Respondent to post a notice to employees and
members.
ORDER
The National Labor Relations Board orders that the
Respondent, International Chemical Workers Union
Council/United Food and Commercial Workers, Local
619C, its officers, agents, and representatives, shall
1. Cease and desist from
(a) Threatening employees that they would lose their
jobs if they crossed the picket line to return to work.
(b) In any like or related manner restraining or coerc-
ing employees in the exercise of the rights guaranteed
them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Within 14 days after service by the Region, post at
its business offices and meeting places copies of the at-
tached notice marked “Appendix.”2 Copies of the notice,
on forms provided by the Regional Director for Region
4, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous
places, including all places where notices to employees
and members are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material.

2 If 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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
(b) Within 14 days after service by the Region, sign
and return to the Regional Director for Region 4 suffi-
cient copies of the notice for posting by Cabot Corpora-
tion, if willing, at all places where notices to employees
are customarily posted.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
APPENDIX
NOTICE TO EMPLOYEES AND MEMBERS
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 vio-
lated Federal labor law and has ordered us to post and obey
this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join or assist a union
Choose representatives to bargain on your behalf
with your employer
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT threaten you that you will lose your jobs
if you cross the picket line to return to work.
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act.
INTERNATIONAL CHEMICAL WORKERS UNION
COUNCIL/UNITED FOOD AND COMMERCIAL
WORKERS, LOCAL 619C