Laborers Local 371 (Renaissance Development)

National Labor Relations Board - Board Decisions

Feb 20, 1985

274 N.L.R.B. 161 (N.L.R.B. 1985)

LABORERS LOCAL 371 (RENAISSANCE DEVELOPMENT)
Laborers and Hodcarriers Local Union 371 , Labor-
ers International Union of North America,
AFL-CIO and Robert D. Council , d/b/a Ren-
aissance Development Contractor . Case 20-CC-
2783
20 February 1985
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
Upon a charge filed by Robert D. Council,
d/b/a Renaissance Development Contractor, the
Company, 7 August 1984, the General Counsel of
the National Labor Relations Board issued a com-
plaint 22 August 1984 against the Union, the Re-
spondent, alleging that it has violated Section
8(b)(4)(i) and (ii)(B) of the National Labor Rela-
tions Act. Although properly served copies of the
charge and complaint, the Union has failed to file
an answer.
On 17 December 1984 the General Counsel filed
a Motion for Summary Judgment. On 19 Decem-
ber 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. The
Union filed no response. The allegations in the
motion are therefore undisputed.
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 the General Counsel, by letter dated and
personally served 11 December 1984, notified the
Respondent that unless an answer was filed by 13
December 1984, a Motion for Summary Judgment
would be filed.
In the absence of good cause being shown for
the failure to file a timely answer, we grant the
General Counsel's Motion for Summary Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
161
construction industry as a general contractor.
During the past 12 months, the Company in the
course of these operations has purchased and re-
ceived goods in excess of $ 50,000 directly from
suppliers located outside the State of California.
We find that the Company is an employer and a
person engaged in commerce and in operations af-
fecting commerce within the meaning of Section
2(1), (2), (6), and (7) and Section 8(b)(4)(B) of -the
Act.
The Respondent is an organization in which em-
ployees participate and which exists, in whole or in
part , for the purpose of dealing with employees
concerning grievances, labor disputes , wages, rates
of pay, hours of employment, or conditions of
work . We find that the Respondent is a labor orga-
nization within the meaning of Section 2(5) of the
Act.
II. ALLEGED UNFAIR LABOR PRACTICES '
The Company has been engaged as the general
contractor in the construction of new residential
condominium townhouses at 6600 Yount Street,
Yountville, California (the Yountville jobsite). It
has subcontracted work at the Yountville jobsite to
various subcontractors, including Dean Bowen
Plumbing, MPM Electric, Conco Cement Compa-
ny, and Western Sanitary; and Shamrock Ready-
Mix has supplied concrete to Conco Cement Com-
pany. Dean Bowen Plumbing, MPM Electric,
Conco Cement, Western Sanitary, and Shamrock
Ready-Mix are persons engaged in commerce or in
an industry affecting commerce, and we so find.
At all material times, the Respondent has been
engaged in a labor dispute with the Company and
at no material time has the Respondent been en-
gaged in a labor dispute with any of the Compa-
ny's various subcontractors, including Dean Bowen
Plumbing, MPM, Electric, Conco Cement, and
Western Sanitary. Nor has the Respondent been
engaged in a labor dispute with Shamrock Ready-
Mix which has supplied concrete to Conco Cement
Company at the Yountville jobsite.
About 6 August 1984,1 the Company established
and maintained at the Yountville jobsite two en-
trances, gates I and 2, respectively. Since that date,
gate 1, located at the north entrance to the Yount-
ville jobsite, has been posted with a sign bearing
the following legend:
I. JURISDICTION
The Company, a California sole proprietorship,
with its office and place of business in Cordelia,
California, has been engaged in the building and ' Unless otherwise indicated, all dates are in 1984
274 NLRB No. 33
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
STOP-READ
GATE #I
THIS GATE IS RESERVED
FOR THE EXCLUSIVE USE OF
THE PERSONNEL , VISITORS, AND
SUPPLIERS
OF THE COMPANIES LISTED BELOW:
RENAISSANCE DEVELOPMENT
ALL OTHERS USE GATE 2.
At gate 2, located about 70 feet south of gate 1, a
sign was posted bearing the following legend:
STOP-READ
GATE #2
THIS GATE MAY NOT BE USED BY
THE PERSONNEL , VISITORS, OR
SUPPLIERS
OF THE CONTRACTORS LISTED
BELOW:
RENAISSANCE DEVELOPMENT
ALL OTHERS MUST USE THIS GATE.
About 6 August , the Company , by its agent,
Steven Council , sent a telegram to the Respondent
describing the two-gate system and informing the
Respondent that the two-gate system would be ef-
fective as of 6 August.
About 6 , 7, 9, 10, and 13- 17 August , the Re-
spondent , in furtherance of its dispute with the
Company, picketed gate 2 with signs stating:
RENAISSANCE DVPT. CO.
UNFAIR LABOR PRACTICES
LABORERS LOCAL 371.
An object of the Respondent's picketing at gate 2
was to force or require the subcontractors to cease
doing business with the Company , and/or to force
or require Shamrock Ready-Mix to cease doing
business with Conco Cement , in order to force or
require Conco Cement to cease doing business with
the Company.
We find that by this conduct the Respondent en-
gaged in unfair labor practices affecting commerce
within the meaning of Section 8(b)(4)(i) and (ii)(B)
of the Act.
CONCLUSIONS OF LAW
By engaging in picketing at gate 2 of the Yount-
ville jobsite with an object of forcing or requiring
Dean Bowen Plumbing, MPM Electric, Conco
Cement Company , Western Sanitary , and Sham-
rock Ready -Mix, or any other persons, to cease
doing business with Renaissance Development, the
Respondent has engaged in unfair labor practices
affecting commerce within the meaning of Section
8(b)(4)(i) and (ii)(B) 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.
ORDER
The National Labor Relations Board orders that
the Respondent , Laborers and Hodcarriers Local
Union 371, Laborers International Union of North
America, AFL-CIO, its officers , agents, and repre-
sentatives, shall
1. Cease and desist from inducing or encouraging
any individual employed by Dean Bowen Plumb-
ing, MPM Electric , Conco Cement Company,
Western Sanitary , Shamrock Ready-Mix, or any
other person , to engage in a strike or refusal in the
course of their employment to use, manufacture,
process, transport , or otherwise handle or work on
any goods or articles , materials or commodities, or
to perform any services, and/or threatening , coerc-
ing, or restraining said persons where in either case
an object thereof is to force or require them, or
any other person, to cease doing business with
Renaissance Development Contractor.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Post at its business office and meeting halls
copies of the attached notice marked "Appendix."2
Copies of the notice , on forms provided by the Re-
gional Director for Region 20, 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 members 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.
(b) Sign and return to the Regional Director suf-
ficient copies of the attached notice marked "Ap-
pendix" for posting by Dean Bowen Plumbing,
MPM Electric , Conco Cement Company , Western
Sanitary , Shamrock Ready-Mix, if willing, in con-
spicuous places, including all places where notices
to their employees are customarily posted.
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 Nation-
al Labor Relaitons Board " shall read "Posted pursuant to a Judgment of
The United States Court of Appeals Enforcing an order of the National
Labor Relations Board "
LABORERS LOCAL 371 (RENAISSANCE DEVELOPMENT)
(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 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 violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT induce or encourage any individ-
ual employed by Dean Bowen Plumbing, MPM
163
Electric, Conco Cement Company , Western Sani-
tary, Shamrock Ready-Mix , or any other person, to
engage in a strike or refusal in the course of their
employment to use, manufacture , process, trans-
port, or otherwise handle or work on any goods or
articles, materials or commodities , or to perform
any services , and WE WILL NOT threaten , coerce,
or restrain said persons where an object thereof is
to force or require them , or any other person, to
cease doing business with Renaissance Develop-
ment Contractor.
LABORERS AND HODCARRIERS LOCAL
UNION 371, LABORERS INTERNATION-
AL UNION OF NORTH AMERICA,
AFL-CIO