Laurel Lamps Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

May 20, 1986

279 N.L.R.B. 1020 (N.L.R.B. 1986)

1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Laurel Lamps Mfg. Co ., Inc. and Louise Lowery
and Local 1158 , International Brotherhood of
Electrical Workers, AFL-CIO, Party to the
Contract. Case 22-CA-12441
20 May 1986
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JENKINS AND BABSON
Upon a charge filed by Louise Lowery, an indi-
vidual, on 20 May 1983 the General Counsel of the
National Labor Relations Board issued a complaint
on 1 July 1983 against the Company, the Respond-
ent, alleging that it has violated Sections 8(a)(5)
and (1) and 8(d) of the National Labor Relations
Act. Although properly served copies of the
charge and complaint, the Company has failed to
file an answer.
On 16 January 1984 the General Counsel filed a
Motion for Summary Judgment. On 24 January
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
Company filed no response. The allegations 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 of 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
allegations in the Motion for Summary Judgment
disclose that the General Counsel, by letter dated
21 October 1983, notified the Company that unless
an answer was received by 28 October 1983, a
Motion for Summary Judgment would be filed.
Subsequently the General Counsel by letter dated 7
November 1983 advised the Respondent that the
time for receipt of its answer was extended to 25
November 1983.
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
1. JURISDICTION
The Company, a New Jersey corporation, is en-
gaged in the manufacture, nonretail sale, and distri-
bution of lamps and related products at its facility
in Newark, New Jersey, where it annually sells and
ships products, goods, and materials valued in
excess of $50,000 directly to points outside the
State of New Jersey. We find that the Company is
an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act and that
the Union is a labor organization within the mean-
ing of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
The following employees of the Company con-
stitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b)
of the Act:
All production and maintenance employees,
excluding all executive, administrative, super-
visory, professional, technical, office and cleri-
cal employees and all guards.
Since about 1953, and at all times material
herein, the Union has been the designated exclusive
collective-bargaining representative of the Compa-
ny's employees in the unit described above, and
since 1953 the Union has been recognized as such
representative by the Respondent. Such recognition
has been embodied in successive collective -bargain-
ing agreements , the most recent of which was ef-
fective by its terms for the period 1 June 1980 to
31 May 1983. Commencing on or about 15 August
1982, and continuing at all times thereafter to date,
the Company unilaterally ceased making medical
payments and contributions on behalf of its em-
ployees as required by the applicable collective-
bargaining agreement. The Company also engaged
in the foregoing conduct without prior notice to
the Union and without having afforded the Union
an opportunity to negotiate and bargain.
We find that, by the above-stated conduct, the
Company has engaged in and is engaging in unfair
labor practices within the meaning of Sections
8(a)(5) and (1) and 8(d) of the Act.
CONCLUSIONS OF LAW
1. Laurel Lamps Mfg. Co., Inc. is an employer
engaged in commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
2. Local 1158, International Brotherhood of
Electrical Workers, AFL-CIO is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
279 NLRB No. 137
LAUREL LAMPS MFG CO
3. The following employees of the Company
constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
All production and maintenance employees,
excluding all executive, administrative, super-
visory, professional, technical, office and cleri-
cal employees and all guards.
4. At all times material herein, the Union has
been the exclusive collective-bargaining representa-
tive of all the employees in the aforesaid appropri-
ate unit for the purposes of collective bargaining
within the meaning of Section 9(a) of the Act.
5. The Company has committed unfair labor
practices within the meaning of Sections 8(a)(5)
and (1) and 8(d) by failing to abide by the collec-
tive-bargaining agreement and by unilaterally ceas-
ing to make medical insurance payments and con-
tributions on behalf of its employees since about 15
August 1982.
6. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of 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.
We have found that the Company violated Sec-
tions 8(a)(5) and ( 1) and 8(d) of the Act by taking
certain unilateral actions . Having found specifically
that the Respondent has failed to honor the provi-
sions of the collective -bargaining agreement con-
cerning medical insurance payments and contribu-
tions , we shall order the Respondent to make all
payments which have not been paid and which
would have been paid absent the Respondent's un-
lawful discontinuance of such payments and to
make whole employees in the appropriate unit for
any losses they may have suffered as a result of the
Company's unilateral actions, with interest as pro-
vided for in Florida Steel Corp., 231 NLRB 651
(1977). This shall include reimbursing employees
for any medical or other expenses ensuing from the
Respondent's unlawful failure to provide medical
insurance payments and contributions retroactive
to 15 August 1982. See Kraft Plumbing & Heating,
252 NLRB 891 fn . 2 (1980), enfd . 661 F.2d 940 (9th
Cir. 1981).
ORDER
The National Labor Relations Board orders that
the Respondent, Laurel Lamps Mfg. Co., Inc.,
1021
Newark, New Jersey, its officers, agents , succes-
sors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively and in good
faith with the Union by unilaterally ceasing to
make contractually required medical insurance pay-
ments and contributions on behalf of its employees
in the following appropriate unit:
All production and maintenance employees,
excluding all executive, administrative, super-
visory, professional, technical, office and cleri-
cal employees and all guards.
(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) Make all medical insurance payments and
contributions on behalf of unit employees which
have not been paid and which would have been
paid absent the Respondent's unlawful discontinu-
ance of such payments and contributions.
(b) Make whole employees in the appropriate
unit in the manner set forth in the section of this
decision entitled "Remedy."
(c) Post at its facility in Newark, New Jersey,
copies of the attached notice marked "Appendix."'
Copies of the notice, on forms provided by the Re-
gional Director for Region 22, 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.
(d) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
CHAIRMAN DOTSON , dissenting.
For the reasons set forth in my dissent in Rapid
Fur Dressing, 278 NLRB 905 (1986), I dissent from
my colleagues' grant of summary judgment. The
Respondent is alleged to have violated Section
8(a)(5) and (1) by failing to abide by the parties'
collective-bargaining agreement by refusing to pro-
vide medical insurance payments and contributions
I 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 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 "
1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on behalf of its employees . This evidence alone is
insufficient to establish that the Respondent has en-
gaged in conduct tantamount to a substantial repu-
diation of the contract or of its bargaining obliga-
tions . Thus, the Respondent 's refusal to make medi-
cal insurance payments and contributions amounts
to nothing more than a contract violation. By
granting the Motion for Summary Judgment the
Board is again acting as nothing more than a col-
lection agency for the Charging Party. According-
ly, I would deny the Motion for Summary Judg-
ment.
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 with Local 1158,
International Brotherhood of Electrical Workers,
AFL-CIO as collective-bargaining representative
for employees in the following appropriate unit:
All production and maintenance employees,
excluding all executive , administrative , super-
visory , professional , technical , office and cleri-
cal employees and all guards.
WE WILL NOT fail to make medical insurance
payments and contributions on behalf of our em-
ployees.
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 make all medical insurance payments
and contributions on behalf of our employees
which have not been paid and which have been
paid absent our unlawful discontinuance of such
payments and contributions.
WE WILL make whole all employees by reim-
bursing them, with interest, for any medical or
other expenses ensuing from our failure to provide
medical insurance payments and contributions.
LAUREL LAMPS MFG. CO., INC.