Hammond's Moving, Inc.

National Labor Relations Board - Board Decisions

Apr 23, 1984

269 N.L.R.B. 1129 (N.L.R.B. 1984)

HAMMOND'S MOVING, INC.
Hammond's Moving, Inc. and H&H Transfer Com-
pany and General Teamsters Local Union No.
174, affiliated with International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and
Helpers of America. Case 19-CA-16254
23 April 1984
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
Upon a charge filed by the Union 28 October
1983, the General Counsel of the National Labor
Relations Board issued a complaint 7 December
1983 against Hammond's Moving, Inc. and H&H
Transfer Company, the Respondent, alleging that it
has violated Section 8(a)(5) and (1) and Section
2(6) and (7) of the National Labor Relations Act.
Although properly served copies of the charge and
complaint, Hammond's Moving, Inc. and H&H
Transfer Company have failed to file an answer.
On 9 February 1984 the General Counsel filed a
Motion for Summary Judgment with attached ex-
hibits. On 13 February 1984 the Board issued an
order transferring the proceeding to the Board and
a Notice to Show Cause why the motion should
not be granted. Hammond's Moving, Inc. and
H&H Transfer Company filed no response. The al-
legations 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 10 days from service of the complaint,
unless good cause is shown. The complaint states
that, unless an answer is filed within 10 days of
service, "all the allegations in the complaint shall
be deemed to be admitted to be true and shall be so
found by the Board." Further, the undisputed alle-
gations in the Motion for Summary Judgment dis-
close that on 14 December 1983, following service
of the complaint, Pam Hammond, wife of the Re-
spondent's owner William Hammond, who had
power of attorney for her husband regarding the
two Companies involved, informed the General
Counsel that her husband had been hospitalized
and that she was considering retaining an attorney
to handle this matter. The General Counsel then
informed her that the date for filing an answer had
been extended until after 1 January 1984. On 16
December 1983, an attorney retained by the Re-
spondent contacted the General Counsel and was
269 NLRB No. 189
told that the time for date of filing had been ex-
tended until after 1 January 1984. By letter dated 5
January 1984 counsel for the General Counsel in-
formed the Respondent's attorney that unless an
answer was filed by 16 January 1984 she would
move for summary judgment. In a telephone con-
versation of 9 January 1984 the Respondent's attor-
ney informed the General Counsel that he no
longer represented the Respondent. By letter dated
9 January 1984 counsel for the General Counsel in-
formed the Respondent of these telephone conver-
sations and advised the Respondent that, unless an
answer was filed by 16 January, she would move
for summary judgment. On 17 and 18 January the
General Counsel attempted, without success, to
contact the Respondent by telephone. By letter
dated 20 January 1984 counsel for the General
Counsel informed the Respondent of all conversa-
tions and correspondence noted above and in-
formed the Respondent that unless an answer was
filed by 27 January 1984 she would move for sum-
mary judgment. The Respondent has failed to
answer any telephone calls or letters and has filed
neither an answer nor a request for extension of
time.
In the absence of good cause being shown for
the failure to file a timely answer or request for ex-
tension of time, 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
Hammond's Moving, Inc., a Washington corpo-
ration engaged in the business of providing com-
puter moving services, and H&H Transfer Compa-
ny, a sole proprietorship engaged in the business of
providing furniture moving, herein called the Re-
spondent, are located at 609 Industry Drive, Tuk-
wila, Washington, and constitute a single integrated
business enterprise and single employer within the
meaning of the Act. 2 The Respondent, during the
12 months preceding issuance of the complaint, a
representative period, in the course and conduct of
its business has had gross sales of goods and serv-
' In granting the General Counsel's Motion for Summary Judgment,
Member Hunter relies on the failure of the Respondent to contest or re-
spond to the factual allegations or legal conclusions of the complaint.
t At all times material herein Hammond's Moving, Inc. and H&H
Transfer Company have been affiliated business enterprises with common
officers, ownership, directors, management, and supervision; have formu-
lated and administered a common labor policy affecting employees of
these operations; have shared common premises and facilities; have pro-
vided services to and exchanged personnel with each other; and have
held themselves out to the public as a single integrated business enter-
prise.
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ices valued in excess of $500,000 and has sold and
shipped goods or provided services from its facili-
ties within the State of Washington to customers
outside the State, or sold and shipped goods or
provided services to customers within the State, in-
cluding the Boeing Company, which customers
were themselves engaged in interstate commerce
by other than indirect means, of a total value of in
excess of $50,000.
II. THE ALLEGED UNFAIR LABOR PRACTICES
A. The Unit
The following employees of the Respondent con-
stitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b)
of the Act:
All employees employed in warehouse, load-
ing, unloading, driving, packing, crating or
helping work in household goods moving and
storage, except non-Local 174 road or line
drivers, in the Respondent's operations in King
County, Washington; excluding office clerical
employees, guards, and supervisors as defined
in the Act.
At all times material herein the Union has been
the designated exclusive bargaining representative
of the unit and has been recognized as such by the
Respondent. Such recognition has been embodied
in successive collective-bargaining agreements, the
most recent of which is effective 1 October 1982 to
30 September 1985.
B. Request for Information and the Respondent's
Refusal to Furnish It
Since on or about 30 September 1983 the Union,
by letter, has requested the Respondent to furnish
the Union with a copy of all payroll and personnel
records of employees of H&H Transfer Company
which is necessary for, and relevant to, the Union's
performance of its functions as the exclusive bar-
gaining representative of the unit. Since on or
about 17 October 1983 the Respondent has failed
and refused to furnish the information requested.
Accordingly, we find that the Respondent has
refused to furnish the Union with information relat-
ing to employment conditions and wages of the
employees in the appropriate unit and by this refus-
al the Respondent has engaged in unfair labor prac-
tices within the meaning of Section 8(a)(5) and (1)
of the Act.
CONCLUSIONS OF LAW
1. By failing and refusing to furnish the Union
with copies of payroll and personnel records of
employees of H&H Transfer Company requested
by the Union in its letter of 30 September 1983, the
Respondent has engaged in unfair labor practices
affecting commerce within the meaning of Section
8(a)(5) and (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. Accordingly, we shall require it to provide
the Union on request with a copy of the payroll
and personnel records of employees of H&H
Transfer Company, as requested by its letter of 30
September 1983.
ORDER
The National Labor Relations Board orders that
the Respondent, Hammond's Moving, Inc. and
H&H Transfer Company, Tukwila, Washington, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with the
Union by refusing and failing to provide a copy of
payroll and personnel records of employees of
H&H Transfer Company as requested by the Union
by its letter of 30 September 1983.
(b) 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) On reqhest provide the Union with copies of
payroll and personnel records of employees of
H&H Transfer Company as requested by its letter
of 30 September 1983.
(b) Post at its facility in Tukwila, Washington,
copies of the attached notice marked "Appendix." s
Copies of the notice, on forms provided by the Re-
gional Director for Region 19, after being signed
by the Respondent's authorized representative,
shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive
days in conspicuous places including all places
where notices to employees are customarily posted.
Reasonable steps shall be taken by the Respondent
to ensure that the notices are not altered, defaced,
or covered by any other material.
s 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 Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board."
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HAMMOND'S MOVING, INC.
(c) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
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 refuse to bargain collectively with
the Union by failing or refusing to provide it with
copies of payroll and personnel records of employ-
ees of H&H Transfer Company as requested in its
letter of 30 September 1983.
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, on request, bargain collectively with
the Union by providing it with copies of payroll
and personnel records of employees of H&H
Transfer Company as requested in its letter of 30
September 1983.
HAMMOND'S MOVING, INC. AND
H&H TRANSFER COMPANY
1131