Lane Tool and Manufacturing, Inc.

National Labor Relations Board - Board Decisions

Nov 23, 1971

194 N.L.R.B. 307 (N.L.R.B. 1971)

LANE TOOL AND MANUFACTURING, INC. 307
Lane Tool and Manufacturing, Inc.; Lane Tool &
Engineering Co.; and Lane Punch Corp. and
International Union, United Automobile, Aeros-
pace and Agricultural Implement Workers of
America. Case 4-CA-5634
November 23, 1971
DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND
KENNEDY
Upon a charge filed on July 20, 1971, by Interna-
tional Union, United Automobile, Aerospace and
Agricultural Implement Workers of America, herein
called the Union, and duly served on Lane Tool and
Manufacturing, Inc., herein called Lane, Lane Tool &
Engineering Co., herein called Lane Tool, and Lane
Punch Corp., herein called Lane Punch, herein also
called collectively the Respondent, the Acting Gener-
al Counsel of the National Labor Relations Board, by
the Regional Director for Region 4, issued a com-
plaint and amended complaint on August 24 and 27,
1971, respectively, against Respondent, alleging that
Respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the
meaning of Section 8(a)(3) and (1) and Section 2(6)
and (7) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and notice
of hearing before a Trial Examiner were duly served
on the parties to this proceeding.
With respect to the unfair labor practices, the
complaint alleges in substance that between on or
about June 11 and on or about June 18, 1971, the
Respondent (A) threatened employees with loss of
employment if the Union won a scheduled Board
election, promised them a pay raise if the Union lost
the election, promised laid-off employee Robert R.
Watson reinstatement if he did not vote in the
election, threatened employees with plant closure and
relocation if the Union won the election, and
threatened employees with plant closure if the Union
won the election; and (B) on or about June 11 and 16,
1971, the Respondent, by its agents, laid off or
terminated Robert R. Watson and Joseph N. Nields,
respectively, and at all times since has failed and
refused, and continues to fail and refuse, to reinstate
said employees because they designated the Union as
their bargaining representative or indicated their
desire to have the Union as bargaining agent or
engaged in other concerted activities for the purpose
of collective bargaining or other mutual aid or
protection. By the aforesaid acts, described above, the
complaint alleges that the Respondent has violated
Section 8(a)(1) and (3) of the Act.
On September 20, 1971, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on September 24,
1971, the Board issued an order transferring the
proceeding to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent there-
after filed a response to Notice To Show Cause, in the
form of its letter of October 6, 1971.
Pursuant to the provisions of Section 3(b) °of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authonty in connection with 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 and Regula-
tions, Series 8, as amended, provides as follows:
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 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 the
Respondent specifically stated that unless an answer
was filed to the complaint within 10 days from the
service thereof "all of the allegations of the complaint
shall be deemed to be admitted to be true and may be
so found by the Board." Further, according to the
Motion for Summary Judgment, after the required
time for filing an answer had expired, counsel for the
General Counsel called Respondent's president,
William E. Porter, who indicated that the Respondent
would file an answer by close of business on
September 13, 1971. To date the Respondent has
failed to file an answer to the complaint and has given
no reason for its failure to file, even in its October 6,
1971, response to the Notice To Show Cause in which
it only generally denies the commission of the alleged
unfair labor practices. The allegations in the Motion
for Summary Judgment thus stand uncontroverted.
As the Respondent has not filed an answer within 10
days from the service of the complaint or at any other
time, and as no good cause to the contrary having
been shown, in accordance with the rules set forth
194 NLRB No. 47
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above, the allegations of the complaint herein are
deemed to be admitted to be true and are so found to
be true.' We shall accordingly grant the 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
Lane, a corporation with a place of business in
Riverton, New Jersey, Lane Tool, a corporation with
a recent place of business in Fort Lauderdale, Florida,
and Lane Punch, a New Jersey corporation with its
principal place of business in Pennsauken, New
Jersey, operate under the control and direction of
their principal officer, William E. Porter. At its
Pennsauken, New Jersey, facility, the Respondent is
engaged in the manufacture of interchangeable die
equipment and precision parts for machine tools.
During the past year, the value of the Respondent's
sales and shipments from its Pennsauken, New Jersey,
facility to customers located outside the State of New
Jersey was in excess of $50,000.
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.
of the Act and that, by such conduct, the Respondent
thereby engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(1) of the
Act.
B. The 8(a)(3) and (1) Violations
On or about June 11 and 16, 1971, the Respondent,
by its agents, laid off or terminated Robert R. Watson
and Joseph N. Nields, respectively, and at all times
since has failed and refused, and continues to fail and
refuse, to reinstate said employees because they
designated the Union as their bargaining representa-
tive or indicated their desire to have the Union as
bargaining agent or engaged in other concerted
activities for the purpose of collective bargaining or
other mutual aid or protection.
Accordingly we find that, by the Respondent's
aforesaid layoff or termination of employees Robert
R. Watson and Joseph N. Nields and by its failure
and refusal to reinstate said employees, the Respon-
dent discriminated in regard to the terms and
conditions of employment of its employees because of
their union activities, thereby discouraging member-
ship in a labor organization and that by such conduct
the Respondent engaged in and is engaging in unfair
labor practices within the meaning of Section 8(a)(3)
and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
II. THE LABOR ORGANIZATION INVOLVED
International Union, United Automobile, Aeros-
pace and Agricultural Implement Workers of Ameri-
ca is a labor organization within the meaning of
Section 2(5) of the Act.
III. UNFAIR LABOR PRACTICES
A. The Independent 8(a)(1) Violations
At various times between on or about June 11 and
on or about June 18, 1971, the Respondent threatened
employees with loss of employment if the Union won
a scheduled Board election, promised them a pay raise
if the Union lost the election, promised laid-off
employee Robert R. Watson reinstatement if he did
not vote in the election, threatened employees with
plant closure and relocation if the Union won the
election, and threatened employees with plant closure
if the Union won the election.
Accordingly, we find that, by the aforesaid threats
and promises to employees, the Respondent inter-
fered with, restrained, and coerced its employees in
the exercise of the rights guaranteed under Section 7
The activities of Respondent set forth in section III,
above, occurring in connection with the operations
described in section I, 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.
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(1) and (3) of the Act, we shall
order that it cease and desist therefrom and take
certain affirmative action designed to effectuate the
policies of the Act.
Having found that the Respondent violated Section
8(a)(3) and (1) of the Act by discriminatorily laying
off or terminating employees Robert R. Watson and
Joseph N. Nields and discriminatorily failing and
refusing to reinstate them, we shall order that the
Respondent offer each of them immediate and full
reinstatement to his former job or, if that job no
longer exists, to a substantially equivalent position,
1 Wilson & Sons, 193 NLRB No. 51, and cases cited therein.
LANE TOOL AND MANUFACTURING, INC.
without prejudice to his seniority and other rights and
privileges, and make each of them whole for any loss
of earnings each may have suffered by reason of such
discrimination, by payment of a sum of money equal
to that which each normally would have earned as
wages from the date of discharge to the date of said
offer of reinstatement, less his net earnings during
such period, with backpay computed on a quarterly
basis in the manner established by the Board in F. W.
Woolworth Company, 90 NLRB 289, 294, and with
interest thereon as prescribed by the Board in Isis
Plumbing & Heating Co., 138 NLRB 716.
As the unfair labor practices committed by the
Respondent were of a character which go to the very
heart of the Act, we shall order the Respondent to
cease and desist therefrom and to cease and desist
from infringing in any other manner upon the rights
of employees guaranteed by Section 7 of the Act.
The Board, upon the basis of the foregoing facts and
the entire record, makes the following:
CONCLUSIONS OF LAW
1. Lane Tool and Manufacturing, Inc.; Lane Tool
& Engineering Co.; and Lane Punch Corp. are
collectively an employer engaged in commerce within
the meaning of Section 2(6) and (7) of the Act.
2. International Union, United Automobile, Ae-
rospace and Agricultural Implement Workers of
America is a labor organization within the meaning of
Section 2(5) of the Act.
3. By interfering with, restraining, and coercing
employees in the exercise of their rights guaranteed in
Section 7 of the Act, the Respondent has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(a)(1) of the Act.
4. By discriminating in regard to the hire and
tenure of employment of employees because of their
union activities, thereby discouraging membership in
or activities on behalf of a labor organization, the
Respondent has engaged in unfair labor practices
within the meaning of Section 8(a)(3) of the Act.
5. 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 the Respondent,
Lane Tool and Manufacturing, Inc.; Lane Tool &
Engineering Co.; and Lane Punch Corp., its officers,
agents, successors, and assigns, shall:
309
1. Cease and desist from:
(a) Discouraging membership in, or activities on
behalf of , International Union , United Automobile,
Aerospace and Agricultural Implement Workers of
America , or in any other labor organization , by laying
off or terminating and failing or refusing to reinstate,
or otherwise discriminating in regard to the hire or
tenure of employment or any terms or conditions of
employment of any of its employees because of their
union activities.
(b) Threatening employees with loss of employment
if the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of
America won a scheduled Board election.
(c) Promising employees a pay raise , if the Interna-
tional Union , United Automobile , Aerospace and
Agricultural Implement Workers of America lost a
scheduled Board election.
(d) Promising reinstatement to laid-off employees if
they did not vote in a scheduled Board election.
(e) Threatening employees with plant closure and
relocation if the International Union , United Auto-
mobile , Aerospace and Agricultural Implement
Workers of America won a scheduled Board election.
(f) In any other manner interfering with , restraining,
or coercing its employees in the exercise of their rights
under Section 7 of the Act.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Offer to Robert R. Watson and Joseph N. Nields
immediate and full reinstatement to their former jobs
or, if those jobs no longer exist , to substantially
equivalent positions , without prejudice to their
seniority and other rights and privileges.
(b) Notify immediately the above-named individu-
als, if presently serving in the Armed Forces of the
United States , of the right to full reinstatement, upon
application after discharge from the Armed Forces, in
accordance with the Selective Service Act and the
Universal Military Training and Service Act.
(c) Make whole Robert R. Watson and Joseph N.
Nields any loss of pay each of them may have suffered
by reason of the discrimination against him by
payment to each of them of a sum of money equal to
the amount each normally would have earned as
wages from the date of his layoff or termination to the
date of the Respondent 's offer of reinstatement in the
manner set forth in the section entitled "The Reme-
dy
(d) Preserve and, upon request , make available to
the Board or its agents, for examination and copying,
all payroll records , social security payment records,
timecards , personnel records and reports, and all
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other records necessary to analyze the amount of
backpay due under the terms of this Order.
(e) Post at its Pennsauken, New Jersey, Riverton,
New Jersey, and Fort Lauderdale, Florida, places of
business copies of the attached notice marked
"Appendix." 2 Copies of said notice, on forms
provided by the Regional Director for Region 4, after
being duly signed by Respondent's representative,
shall be posted by it 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 Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
(f) Notify the Regional Director for Region 4 in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
2 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 be changed to 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
After a trial in which both sides had the opportunity
to present their evidence, the National Labor Rela-
tions Board has found that we violated the law and
has ordered us to post this notice.
WE WILL NOT discourage membership in, or
activities on behalf of, International Union,
United Automobile, Aerospace and Agricultural
Implement Workers of America, or in any other
labor organization, by laying off or terminating
and failing or refusing to reinstate, or otherwise
discriminating in regard to the hire or tenure of
employment or any terms or conditions of employ-
ment of any of our employees.
WE WILL NOT threaten employees with loss of
employment if the International Union, United
Automobile, Aerospace and Agricultural Imple-
ment Workers of America won a scheduled
election.
WE WILL NOT promise employees a pay raise if
the International Union, United Automobile,
Aerospace and Agricultural Implement Workers
of America lost a scheduled Board election.
WE WILL NOT promise reinstatement to laid-off
employees if they do not vote in a scheduled Board
election.
WE WILL NOT threaten employees with plant
closure and relocation if the International Union,
United Automobile, Aerospace and Agricultural
Implement Workers of America won a scheduled
Board election.
WE WILL NOT in any other manner interfere
with, restrain, or coerce employees in the exercise
of their rights under Section 7 of the Act.
WE WILL NOT lay off employees because of their
activities on behalf of International Union, United
Automobile, Aerospace and Agricultural Imple-
ment Workers of America, or any other labor
organization.
Since the Board found that we violated the law
when we laid off Robert R. Watson and Joseph N.
Nields, WE WILL offer them their jobs back and
WE WILL pay them for any loss of pay they may
have suffered because we laid them off.
You are free to become and remain members of
International Union, United Automobile, Aerospace
and Agricultural Implement Workers of America, or
any other labor organization.
Dated By
LANE TOOL AND
MANUFACTURING, INC.;
LANE TOOL &
ENGINEERING CO.; AND
LANE PUNCH CORP.
(Employer)
(Representative) (Title)
We will notify immediately the above-named individ-
uals, if presently serving in the Armed Forces of the
United States, of the right to full reinstatement, upon
application after discharge from the Armed Forces, in
accordance with the Selective Service Act and the
Universal Military Training and Service Act.
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 compliance
with its provisions may be directed to the Board's
Office, 1700 Bankers Securities Building, Walnut and
Juniper Streets, Philadelphia, Pennsylvania 19107,
Telephone 215-597-7601.