Kensington Electric Products Co., Inc.

National Labor Relations Board - Board Decisions

Jun 20, 1974

211 N.L.R.B. 762 (N.L.R.B. 1974)

762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Kensington Electric Products Company , Inc. and
International Brotherhood of Electrical Workers,
Local Union No. 1987 , AFL-CIO. Case 6-
CA-7158
June 20, 1974
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
Upon a charge filed on December 12, 1973, by
International Brotherhood of Electrical Workers,
Local Union No. 1987, AFL-CIO, herein called the
Union, and duly served on Kensington Electric
Products Company, Inc., herein called the Respon-
dent, the General Counsel of the National Labor
Relations Board, by the Regional Director for,
Region 6, issued a complaint on February 11, 1974,
against Respondent, alleging that Respondent had
engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of
Sections 8(a)(5) and (1) and 2(6) and (7) of the
National Labor Relations Act, as amended. Copies
of the charge, complaint, and notice of hearing
before an Administrative Law Judge were duly
served on the parties to this proceeding by registered
mail.
With respect to the unfair labor practices, the
complaint alleges , in substance that (1) the Union
had been designated and selected by a majority of
the employees in the appropriate unit as their
exclusive representative for the purpose of collective
bargaining since on or about October 15, 1974, and
the Respondent and the Union have been parties to
collective-bargaining agreements since 1964, the
most recent of which expired on October 19, 1973;
(2) since on or about August 1, 1973, the Union has
requested and is requesting the Respondent to
bargain collectively with it as the exclusive represent-
ative of the employees in the unit, but since on or
about December 6 and 12, 1973, the Respondent has
failed and refused and continues to fail and refuse to
do so, and has bypassed the Union and bargained
directly with the employees; and (3) on or about
December 6, 1973, the Respondent threatened the
employees with cessation of its operations and
termination of unemployment compensation if the
employees and Union did not accept its contract
offer. Respondent did not file an answer to the
complaint.
On March 13, 1974, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment, based on Respondent's failure
to answer the complaint as required by Section
102.20 of the Board's Rules and Regulations, Series
211 NLRB No. 103
8, as amended . Subsequently, on March 26, 1974, the
Board issued an order transferring the proceeding
before it and a Notice To Show Cause why the
General Counsel's motion should not be granted.
The Respondent, although duly served, failed to file
a response to the Notice To Show Cause.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority 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 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 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 is filed, or any
allegation in the complaint not specifically denied
or explained in the 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 the
Respondent specifically state 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 by it to be true and may
be so found by the Board." Further, according to the
uncontroverted allegations in the Motion for Sum-
mary Judgment, on February 27, 1974, counsel for
the General Counsel, after several unsuccessful
attempts to telephone the Respondent, mailed a
letter to Respondent notifying it that the present
Motion for Summary Judgment would be filed if an
answer was not filed by March 6, 1974. Thereafter, as
no answer was filed, counsel for the General Counsel
filed the instant Motion for Summary Judgment and
served a copy thereof on the Respondent by certified
mail. The return receipt, dated March 15, 1974, was
signed by an individual, with the words "Kensington
Electric" written above his signature. No answer to
the complaint was filed, nor was there any response
to the Notice To Show Cause, controverting the
allegations of this motion. In accordance with the
Rule set forth above, and no good cause having been
KENSINGTON ELECTRIC PRODUCTS CO. 763
shown for the failure to file an answer , the allega-
tions of the complaint are deemed admitted and are
found to be true . We shall , accordingly , grant the
General Counsel 's Motion for Summary Judgment.
On the basis of the entire record , the Board makes
the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Respondent , a Pennsylvania corporation with its
facilities located in Leechburg , Pennsylvania, is
engaged in the manufacture and nonretail sale of
fluorescent fixtures . During the calendar year 1973,
Respondent received in excess of $50,000 worth of
goods and materials from outside the Common-
wealth of Pennsylvania for use at its Leechburg,
Pennsylvania , facility . During this same period,
Respondent shipped in excess of $50,000 worth of
goods to points directly outside the Commonwealth
of Pennsylvania from its Leechburg, Pennsylvania,
facility.
We find , on the basis of the foregoing, that
Respondent 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 ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers,
Local Union No. 1987, AFL-CIO, is a labor
organization within the meaning of Section 2(5) of
the Act.
111. THE UNFAIR LABOR PRACTICES
A. The Unit
The following employees of the Respondent
constitute a unit appropriate for collective -bargain-
ing purposes within the meaning of Section 9(b) of
the Act:
All production and maintenance employees em-
ployed by Respondent at its Leechburg , Pennsyl-
vania , facility ; excluding all other employees,
office clerical employees and guards , professional
employees and supervisors as defined in the Act.
B. Representative Status of the Union
Since October 1964 and continuing to date, the
Union , having been designated and selected by a
majority of the employees in the unit set forth above,
has been the representative for the purpose of
collective bargaining for all such employees and, by
virtue of Section 9(a) of the Act, has been, and is
now, the exclusive representative of all the employees
in said unit for the purpose of collective bargaining
with respect to rates of pay, wages , hours of
employment, and other terms and conditions of
employment.
The Respondent and the Union have been, at all
times since in or about 1964, parties to collective-
bargaining agreements covering the employees in the
unit set forth above , the most recent of which expired
on October 19, 1973.
C. The Request To Bargain and Respondent's
Refusal
Commencing on or about August 1, 1973, and at
all times thereafter , the Union has requested the
Respondent to bargain collectively with it as the
exclusive collective-bargaining representative of all
the employees in the above -described unit. Com-
mencing on or about December 6, 1973, and
continuing at all times thereafter to date, the
Respondent has refused and continues to refuse to
recognize and bargain with the Union as the
exclusive representative for collective bargaining of
all employees in said unit by bypassing the Union
and bargaining directly and individually with em-
ployees in the unit described above , concerning rates
of pay, wages , hours of employment , and other terms
and conditions of employment ; by threatening
employees with cessation of operations and termina-
tion of unemployment compensation if the employ-
ees did not accept Respondent 's contract offer; and
by threatening employees with cessation of opera-
tions if the Union did not accept Respondent's
contract offer.
Accordingly, we find that the Respondent has,
since December 6, 1973, and at all times thereafter,
refused to bargain collectively with the Union as the
exclusive representative of the employees in the
appropriate unit , and that , by such refusal , Respon-
dent has engaged in and is engaging in unfair labor
practices within the meaning of Section 8 (a)(5) and
(1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
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
commerce among the several States and tend to lead
to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
764 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) of the Act, we
shall order that it cease and desist therefrom and,
upon request , bargain collectively with the Union as
the exclusive representative of all employees in the
appropriate unit and , if an understanding is reached,
embody such understanding in a signed agreement,
and cease and desist from bypassing the Union and
bargaining directly and individually with the employ-
ees, threatening the employees with cessation of
operations and termination of unemployment com-
pensation if they do not accept its contract offer, and
threatening the employees with cessation of opera-
tions if the Union does not accept its contract offer.
The Board , upon the basis of the foregoing facts
and the entire record , makes the following:
CONCLUSIONS OF LAW
1. Kensington Electric Products Company, Inc.,
is an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. International Brotherhood of Electrical Work-
ers, Local Union No. 1987, AFL-CIO, is a labor
organization within the meaning of Section 2(5) of
the Act.
3. All production and maintenance employees
employed by Respondent at its Leechburg , Pennsyl-
vania , facility; excluding all other employees, office
clerical employees and guards , professional employ-
ees and supervisors as defined in the Act , constitute a
unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the
Act.
4. Since October 1964, the above -named labor
organization has been and now is the exclusive
representative of all employees in the aforesaid
appropriate unit for the purpose of collective
bargaining within the meaning of Section 9(a) of the
Act.
5. By refusing on or about December 6 and 12,
1973, and at all times thereafter , to bargain collec-
tively with the above -named labor organization as
the exclusive bargaining representative of all the
employees of Respondent in the appropriate unit; by
bypassing the Union and bargaining directly and
individually with the employees ; by threatening the
employees with cessation of operations and termina-
tion of unemployment compensation if they did not
accept its contract offer ; and by threatening employ-
ees with cessation of operations if the Union did not
accept its contract offer, Respondent has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) of the Act.
6. By the aforesaid refusal to bargain , Respon-
dent has interfered with , restrained , and coerced, and
is interfering with, restraining , and coercing , employ-
ees in the exercise of the rights guaranteed to them in
Section 7 of the Act, and thereby has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(1) of the Act.
7. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing 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
Relations Board hereby orders that Respondent,
Kensington Electric Products Company, Inc., Leech-
burg, Pennsylvania , its officers , agents , successors,
and assigns , shall:
1. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages , hours, and other terms and
conditions of employment with International Broth-
erhood of Electrical Workers, Local Union No. 1987,
AFL-CIO, as the exclusive bargaining representative
of its employees in the following appropriate unit:
All production and maintenance employees em-
ployed by Respondent at its Leechburg, Pennsyl-
vania, facility; excluding all other employees,
office clerical employees and guards , professional
employees and supervisors as defined in the Act.
(b) Threatening employees with cessation of
operations and termination of unemployment com-
pensation if the employees do not accept Respon-
dent's contract offer , and threatening employees with
cessation of operations if the Union does not accept
the Respondent 's contract offer.
(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 which
the Board finds will effectuate the policies of the Act:
(a) Upon request , bargain with the above-named
labor organization as the exclusive representative of
all employees in the aforesaid appropriate unit with
respect to rates of pay, wages, hours, and other terms
and conditions of employment, and, if an under-
standing is reached, embody such understanding in a
signed agreement.
KENSINGTON ELECTRIC PRODUCTS CO.
(b) Post at its Leechburg, Pennsylvania, facility
copies of the attached notice marked "Appendix."'
Copies of said notice, on forms provided by the
Regional Director for Region 6, 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,
defaced, or covered by any other material.
(c) Notify the Regional Director for Region 6, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
I 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 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
WE WILL NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and other
terms and conditions of employment with Inter-
national Brotherhood of Electrical Workers,
Local Union No. 1987, AFL-CIO as the exclusive
representative of the employees in the bargaining
unit described below, by bargaining directly and
continually with the employees.
WE WILL NOT threaten employees with cessa-
tion of operations and termination of unemploy-
ment compensation if the employees do not
accept our contract offer and threaten employees
765
with cessation of operations if the Union does not
accept our contract offer.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL, upon request, bargain with the
above-named Union, as the exclusive representa-
tive of all employees in the bargaining unit
described below, with respect to rates of pay,
wages, hours, and other terms and conditions of
employment, and, if an understanding is reached,
embody such understanding in a signed agree-
ment. The bargaining unit is:
All production and maintenance employees
employed by Respondent at its Leechburg,
Pennsylvania, facility; excluding all other em-
ployees, office clerical employees and guards,,
professional employees and supervisors as
defined in the Act.
KENSINGTON ELECTRIC
PRODUCTS COMPANY,
INC.
(Employer)
Dated By
(Representative) (Title)
This is an official notice and must not be defaced
by anyone.
This notice must remain posted for 60 consecutive
days from the date of posting and must not be
altered, defaced, or covered by any other material.
Any questions concerning this notice or compli-
ance with its provisions may be directed to the
Board's Office, 1536 Federal Building, 1000 Liberty
Avenue, Pittsburgh, Pennsylvania 15222, Telephone
412-644-2977.