Golden Age Chairmobile, Inc.

National Labor Relations Board - Board Decisions

Dec 6, 1979

246 N.L.R.B. 827 (N.L.R.B. 1979)

GOI)DFN AGE CIHAIRMOBILE, IN(.
Golden Age Chairmobile, Inc. and Service Employees
International Union, Local 200, AFL-CIO. Case 3
CA 9173
December 6, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS JNKINS
ANi) TRUEISDAI.F
Upon a charge filed on June 21, 1979. by Service
Employees International Union, Local 200. AFL
CIO, herein called the Union or the Charging Party.
and duly served on Golden Age Chairmobile, Inc..
herein called Respondent, the General Counsel of the
National Labor Relations Board, by the Regional Di-
rector for Region 3, issued a complaint and notice of
hearing on July 27, 1979, against Respondent, alleg-
ing that Respondent has engaged in, and is engaging
in, unfair labor practices affecting commerce within
the meaning of Section 8(a)(l) and (5) and Section
2(6) and (7) of the National Labor Relations Act, as
amended. Thereafter, by a letter dated August 14,
1979, counsel for the General Counsel notified Re-
spondent that the answer, which was due on August
6, 1979, had not yet been received and that unless an
answer was filed forthwith, or request for an exten-
sion, the General Counsel would make a motion for
Summary Judgment. No answer to the complaint has
been filed to date.
On October 9, 1979, counsel for the General Coun-
sel filed directly with the Board a Motion To Transfer
Proceeding to the Board and for Summary Judgment
based on Respondent's failure to file an answer and
Section 102.20 of the Board's Rules and Regulations,
Series 8, as amended. An order transferring the pro-
ceeding to the Board and Notice To Show Cause was
issued on October 16, 1979. Respondent has filed no
response to the Notice To Show Cause and, accord-
ingly, the allegations of the Motion for Summary
Judgment stand uncontroverted.
Pursuant to the provisions of Section 3(hb) 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.
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 thereto.
The respondent shall specifically admit, deny, or
explain each of the facts alleged in the com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
such statement operating its a denial. All allega-
tions 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 admit-
ted 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 Re-
spondent specifically states that unless an answer to
the complaint is filed by Respondent within 10 days
of service thereof "all of the allegations in the Com-
plaint shall be deemed to be admitted to be true and
may be so found by the Board." According to the
uncontroverted allegations of the Motion for Sum-
mary Judgment, Respondent has failed to file an an-
swer to the complaint and does not oppose the Mo-
tion for Summary Judgment. Respondent did not file
a response to the Notice To Show Cause. No good
cause to the contrary having been shown, in accord-
ance with the rule set forth above, the allegations of
the complaint are deemed to be admitted and found
to be true. Accordingly, we grant the Motion for
Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDIN(iS OI FACT
I. IFl BI SINFSS OF RSPONI)ENI
Respondent is, and has been at all times material
herein, a corporation duly organized under, and exist-
ing by virtue of, the laws of the State of New York,
and maintains its principal office and place of busi-
ness at 339 East Avenue, Rochester, New York. Re-
spondent is now, and at all times material herein has
been, engaged at its place of business in Rochester in
the business of providing and performing transporta-
tion services for sick and injured individuals. During
the past year, a representative period. Respondent re-
ceived revenues in excess of $50.000 from the provi-
sion of transportation services to institutional users in
the State of New York. each of which institutional
users annually eceives goods and services valued in
excess of $50,000 directly from points outside the
State of New York. Such institutional users include,
but are not limited to, the Veterans Administration
and the State of New York.
We find, on the basis of the tforegoing. that Respon-
dent 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
246 NLRB No. 126
827
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
effectuate the policies of the Act to assert jurisdiction
herein.
II. THE LABOR ORG(ANIZATION INVOIVED)
Service Employees International Union, Local 200,
AFL-CIO, is a labor organization within the mean-
ing of Section 2(5) of the Act.
I11. I UNFAIR LABOR PRA(TI('ES
A. The Unit
At all times material herein, the Charging Party
has been, and is now, the exclusive bargaining repre-
sentative of the following appropriate unit of Respon-
dent's employees:
All ambulance drivers, wheelchair mobile driv-
ers, and technical employees, including the dis-
patcher employed at the Employer's Rochester,
New York, facility, exclusive of all professional
employees, guards, and supervisors as defined in
the Act.
B. The 8(a)(5) Charge
On or about March 13, 1979, Respondent and the
Union executed a collective-bargaining agreement ef-
fective March 1, 1979, through February 28, 1982,
containing substantive terms concerning wages,
hours, and other terms and conditions of employment
of the employees in the above-described unit.
Since on or about March 13, 1979, the Union has
been demanding, and is demanding, that Respondent
observe the terms and conditions of the collective-
bargaining agreement. Since on or about March 13,
1979, Respondent has failed and refused to observe
the terms and conditions of the collective-bargaining
agreement and failed and refused to answer letters
and phone calls, or communicate in any other man-
ner with the Union with respect to its efforts to ad-
minister the contract.
Accordingly, we find that by the aforementioned
conduct Respondent has since on or about March 13,
1979, and at all times thereafter, refused to bargain
collectively with the Union as the exclusive represent-
ative of the employees in the appropriate unit, and
that by such refusal Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(5) and (1) of the Act.
IV. IHE EFFEC('T OF TlE UNFAIR I.ABOR PRAC('EII'IS
UPON ('OMMER('E
The activities of Respondent set forth in section
III, above, occurring in connection with its operations
described in section 1, above, have a close, intimate,
and substantial relationship to trade, traffic, and com-
merce among the several States and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. ill l RM EI)Y
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(5) and () of the Act, we shall
order that it cease and desist therefrom and take cer-
tain affirmative action designed to effectuate the poli-
cies of' the Act.
To remedy Respondent's violation of' Section
8(a)(5) and () of the Act, we shall order that it give
effect to all the terms and conditions of said contract.
Respondent will also be directed to bargain in good
faith upon request with the Charging Party as the
exclusive collective-bargaining representative of all
employees in the approriate unit with respect to rates
of pay, hours of employment, and other terms and
conditions of employment, and to post appropriate
notices to employees.
We shall further order that Respondent make
whole the employees in the unit found appropriate
herein for any loss of benefits they may have suffered
from March 13, 1979, by reason of Respondent's fail-
ure to give effect to said contract, to the date of com-
pliance with the Order herein. All moneys to be paid
to such employees shall be the sum total of the sepa-
rate amounts accruing to each employee under the
categories of wages, overtime, holidays, vacations,
and miscellaneous, as computed in the manner pre-
scribed in Ogle Protection Service, Inc., 183 NLRB
682, 683 (1970), with interest thereon to be computed
in the manner prescribed in lorida Steel Corporation,
231 NLRB 651 (1977).'
We shall also order, if required by their contract,
that Respondent reimburse the Union for all mem-
bership dues which, since March 13, 1979, Respon-
dent has failed to withhold and transmit to the Union
pursuant to signed dues-deduction authorizations and
in accordance with a checkoff provision of the collec-
tive-bargaining agreement, with interest computed
thereon in the manner prescribed in Florida Steel
Corporation, supra.2
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
See. generally. Iris Plumbing Heating (Co., 138 NLRB 716 (1962).
2 Such dues reimbursement shall not be applicable to employees who ol-
untarily paid their dues to the Union during the pertinent period Further,
the amount of backpay (ior employees who would now benefit from having
their employer remit their accrued dues to the Union, without ever having
such amounts deducted from their pay and who did not themselves pay dues
during the period in question, shall be reduced to that extent. See Ogle
Protection Service, Inc. rupra at 683.
828
GOLD)EN AGE ('IIAIRMOBILl. IN('.
CN(I.ISI()NS OF LAW
I. Golden Age Chairmobile. Inc.. is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Service Employees International Union. Local
200, AFL CIO, is a labor organization within the
meaning of Section 2(5) of the Act.
3. All ambulance drivers, wheelchair mobile driv-
ers, and technical employees, including the dispatcher
employed at the Employer's Rochester, New York,
facility, exclusive of all professional employees.
guards and supervisors as defined in th Act, constitute
a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the Act.
4. The above-named labor organization has been
at all times material herein, and now is, the exclusive
representative of all employees in the aforesaid ap-
propriate unit for the purpose of collective bargaining
within the meaning of Section 9(a) of the Act.
5. Respondent has violated Section 8(a)( 1) and (5)
of the Act by refusing to observe the terms and condi-
tions of the collective-bargaining agreement it ex-
ecuted with the Union on or about March 13, 1979.
and by refusing to communicate with the Union with
respect to the Union's efforts to administer the con-
tract.
6. The aforesaid 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 Rela-
tions Board hereby orders that the Respondent,
Golden Age Chairmobile, Inc., Rochester, New York,
its officers, agents, successors, and assigns, shall:
I. Cease and desist from:
(a) Refusing to honor and give effect to the terms
and conditions of the collective-bargaining agreement
with the Union.
(b) Refusing to bargain collectively with the Union
as the exclusive bargaining representative of all the
employees in the appropriate unit described below
with regard to rates of pay', wages, hours of employ-
ment, and other terms and conditions of employment.
The appropriate unit is:
All ambulance drivers, wheelchair mobile driv-
ers, and technical employees, including the dis-
patcher employed at the Employer's Rochester,
New York. facility, exclusive of all professional
employees, guards and supervisors as defined in
the Act.
(c) 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 necessary
to effectuate the purposes of the Act:
(a) lHonor and give effect to the terms and condi-
tions of the collective-bargaining agreement with the
Union.
(b) Upon request, bargain in good faith with the
Service Employees International Union. Local 200.
AFI. CIO, as the exclusive representative of all em-
ployees in the appropriate unit with respect to rates of
pay, hours of employment, and other terms and con-
ditions of employment.
(c) Make whole the employees in the unit found
appropriate herein for any loss of benefits they may
have suffered from March 13, 1979, by reason of Re-
spondent's failure to execute and give effect to said
contract, in the manner set forth in the section of this
Decision entitled "The Remedy."
(d) If provided by their contract, reimburse the
Union for all membership dues which, since March
13, 1979, Respondent has failed to withhold and
transmit to the Union pursuant to signed dues-deduc-
tion authorizations and in accordance with the check-
off provisions of the agreed-upon collective-bargain-
ing agreement, in the manner set forth in the section
of this Decision and Order entitled "The Remedy."
(e) Post at its Rochester. New York, place of busi-
ness copies of the attached notice marked "Appen-
dix."' Copies of said notice, on forms provided by the
Regional Director for Region 3. 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 thereafter, in conspicuous places, including all
places where notices to employees are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered, de-
faced, or covered by any other material.
(f) Notify the Regional Director for Region 3, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
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 l.ahbr Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Fnfolrcing an Order of the National
Laboxr Relations Board"
APPENDIX
NOTICE To EMPi.OYEES
POSTED BY ORDER OF THE
NAIONAI. LABOR REI.ATIONS BOARD
An Agency of the United States Government
WL Wi.I. NOT refuse to honor and give effect
to the terms and conditions of the collective-bar-
829
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaining agreement between Golden Age Chair-
mobile, Inc., and Service Employees Interna-
tional Union, Local 200, AFL CIO.
Wli Wll.. NOT refuse to bargain collectively
with Service Employees International Union,
Local 200, AFL-CIO, as the exclusive bargain-
ing representative of all our employees in the ap-
propriate unit described below with regard to
rates of pay, wages, hours of employment, and
other terms and conditions of employment. This
bargaining unit is:
All ambulance drivers, wheelchair mobile
drivers, and technical employees, including the
dispatcher employed at the Employer's Roch-
ester, New York, facility, exclusive of all pro-
fessional employees, guards and supervisors as
defined in the Act.
WEi WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them in
Section 7 of the National Labor Relations Act.
WE WILl.l honor and give retroactive effect to
the terms and conditions of the collective-bar-
gaining agreement with the Union.
WE WlLL., upon request, bargain in good faith
with the above-named Union as the exclusive
representative of all employees in the appropri-
ate unit with respect to rates of pay, hours of
employment, and other terms and conditions of
employment.
W. wil.L reimburse our employees in the unit
found appropriate herein, with interest, for any
loss of benefits they may have suffered because
we failed to give effect to such contract on
March 13, 1979, and thereafter.
G()LI)N AGE CHAIRMO()BIL., INC.
830