Local 1263, Painters

National Labor Relations Board - Board Decisions

Jun 16, 1981

256 N.L.R.B. 588 (N.L.R.B. 1981)

588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 1263, International Brotherhood of Painters
and Allied Trades, AFL-CIO (Dunlap & Com-
pany, Inc.) and Bob R. Hawkins. Case 25-CB-
4374
June 16, 1981
DECISION AND ORDER
Upon a charge filed on November 20, 1980, by
Bob R. Hawkins, an individual, herein called the
Charging Party, and duly served on Local 1263,
International Brotherhood of Painters and Allied
Trades, AFL-CIO, herein called Respondent, the
General Counsel of the National Labor Relations
Board, by the Regional Director for Region 25,
issued a complaint and notice of hearing on De-
cember 24, 1980, against Respondent, alleging that
Respondent had engaged in and was engaging in
unfair labor practices affecting commerce within
the meaning of Section 8(b)(1)(A) and (2) and Sec-
tion 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 pro-
ceeding. Respondent failed to file an answer to the
complaint.
On March 9, 1981, counsel for the General
Counsel filed directly with the Board a motion to
transfer the case to and continue the proceedings
before the Board and a Motion for Summary Judg-
ment based on Respondent's failure to file an
answer as required by Sections 102.20 and 102.21
of the National Labor Relations Board Rules and
Regulations, Series 8, as amended. Subsequently,
on March 13, 1981, 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 did not file a response to the
Notice To Show Cause.
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:
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 al-
leged in the complaint, unless the respondent is
without knowledge, in which case the re-
spondent shall so state, such statement operat-
ing as a denial. All allegations in the com-
plaint, if no answer is filed, or any allegation
in the complaint not specifically denied or ex-
256 NLRB No. 85
plained in an answer filed, unless the respond-
ent 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
Respondent specifically stated that unless an
answer to the complaint was filed within 10 days
from the service thereof "all of the allegations in
the complaint shall be deemed to be admitted true
and may be so found by the Board." Further, Re-
spondent was notified by GSA teletype message
(confirmed) on February 24, 1981, that an answer
to the complaint had not been received and that
summary judgment would be sought unless an
answer to the complaint was filed by February 27,
1981. As noted above, Respondent has not filed an
answer to the complaint, nor did it respond to the
Notice To Show Cause. No good cause to the con-
trary having been shown, in accordance with the
rules set forth above, the allegations of the com-
plaint are deemed to be admitted and are found to
be true. Accordingly, we grant the General Coun-
sel's Motion for Summary Judgment.'
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
At all times material herein, the Employer,
Dunlap & Company, Inc., an Indiana corporation
with its principal office and place of business in
Columbus, Indiana, has been engaged in the busi-
ness of providing and performing general and me-
chanical contracting services and related services.
During the 12-month period ending November 20,
1980, the Employer, in the course and conduct of
its business operations, purchased and received at
its facility products, goods, and materials valued in
excess of $50,000 directly from points outside the
State of Indiana. During this same 12-month
period, the Employer, in the course and conduct of
its business, derived revenues in excess of $900,000.
We find, on the basis of the foregoing, that the
Employer 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.
' Eagle Truck and 7rialer Rental Division of E. & 1: Leasing, Inc.,
211 NL.RH 8(4 (1974)
LOCAL 126, PAINTERS 589
II1. THE LABOR ORGANIZATION INVOLVED
Local 1263, International Brotherhood of Paint-
ers and Allied Trades, AFL-CIO, is a labor organi-
zation within the meaning of Section 2(5) of the
Act.
III. THE UNFAIR LABOR PRACTICES
On or about November 13, 1980, Respondent de-
manded that the Employer discharge employee
Bob R. Hawkins. Respondent's demand that Haw-
kins be terminated was predicated on Hawkins not
being a member of Respondent, and for reasons
other than Hawkins' failure to tender periodic dues
and the initiation fee uniformly required as a condi-
tion of acquiring or retaining membership in Re-
spondent.
We find that by attempting to cause and causing
the Employer to discharge employee Hawkins in
the circumstances described above and in the com-
plaint, Respondent has violated Section 8(b)(1)(A)
and (2) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of the Union, set forth in section
III, above, occurring in connection with the busi-
ness operations of the Employer described in sec-
tion 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 commerce and the free
flow of commerce.
V. THE REMEDY
Having found that the Union has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(b)(l)(A) and (2) of the Act,
we shall order that it cease and desist therefrom,
and take certain affirmative action designed to ef-
fectuate the policies of the Act.
Respondent will be ordered to cease and desist
from attempting to cause or causing Dunlap &
Company, Inc., or any other employer to discrimi-
nate against Bob R. Hawkins, or any other employ-
ee, in violation of Section 8(a)(3) of the Act. We
also shall order that Respondent request in, writing
and with a copy to Hawkins, that the Employer
offer reinstatement to Hawkins. In addition, Re-
spondent shall be required to make Hawkins whole
for any loss of earnings he may have suffered by
reason of the discrimination against him until Haw-
kins is either reinstated by Dunlap & Company,
Inc., to his former or substantially equivalent posi-
tion, or until Hawkins obtains substantially equiva-
lent employment elsewhere, less his net interim
earnings.2 The loss of earnings shall be computed
as set forth in F. W. Woolworth Company, 90
NLRB 289 (1950), with interest as prescribed in
Florida Steel Corporation, 231 NLRB 651 (1977).3
See, generally, Isis Plumbing & Heating Co., 138
NLRB 716 (1962).
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
I. Dunlap & Company, Inc., is an employer en-
gaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Local 1263, International Brotherhood of
Painters and Allied Trades, AFL-CIO, is a labor
organization within the meaning of Section 2(5) of
the Act.
3. By attempting to cause and causing Dunlap &
Company, Inc., to discriminate against Bob R.
Hawkins in violation of Section 8(a)(3) of the Act
Respondent violated Section 8(b)(1)(A) and (2) of
the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Local 1263, International Brotherhood of Painters
and Allied Trades, AFL-CIO, Columbus, Indiana,
its officers, agents, and representatives, shall:
1. Cease and desist from:
(a) Causing or attempting to cause Dunlap &
Company, Inc., or any other employer, to discrimi-
nate against Bob R. Hawkins, or any other employ-
ee, in violation of Section 8(a)(3) of the Act.
(b) In any like or related manner restraining or
coercing employees in the exercise of rights guar-
anteed 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) Make Bob R. Hawkins whole for any loss of
earnings he may have suffered by reason of the dis-
crimination practiced against him in the manner
provided in the section herein entitled "The
Remedy."
(b) Post at its business office and meeting halls
copies of the attached notice marked "Appendix." 4
' See Shere ,ial Woirkers' Union Lal 355 .Sheet . eral W r, r,' In-
tirnational .4aoluian, .ItL-CIO (Znvco Electrical Premducts). 254 NI.RB
No '2 (Iqsl}
:' NMeniher Jiillr , wulid c ompute interest oll hack pa , in acordance
with his prli;l die,n in (Olrlnpte Medical (rporation, 250 NI.Rt 146
I4 I the elnt Ihial this ()rdr is eriforccd h ai Judgment f a nited
States Courl of Appeals, the ,orlds In the Iir e rcading "Pi.ted hb
(onrlnue'd
LOCAL 1263, PAINTERS
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Copies of said notice, on forms provided by the
Regional Director for Region 25, 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 members are customarily
posted. Reasonable steps shall be taken by Re-
spondent to insure that said notices are not altered,
defaced, or covered by any other material.
(c) Forward to the Regional Director for Region
25 signed copies of said notice for posting by
Dunlap & Company, Inc., if it is willing, at its Co-
lumbus, Indiana, facility for 60 consecutive days in
places where notices to employees are customarily
posted.
(d) Notify the Regional Director for Region 25,
in writing, within 20 days from the date of this
Order, what steps the Respondent has taken to
comply herewith.
Order of the National Labor Relations Board" shall read "Posted Pursu-
ant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board."
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT cause or attempt to cause
Dunlap & Company, Inc., to discriminate
against Bob R. Hawkins or any other employ-
ee in violation of Section 8(a)(3) of the Act.
WE WILL NOT in any like or related manner
restrain or coerce employees of Dunlap &
Company, Inc., in the exercise of the rights
guaranteed in Section 7 of the Act, except to
the extent that such rights may be affected by
an agreement requiring membership in a labor
organization as a condition of employment as
authorized by Section 8(a)(3) of the Act.
WE WILL make Bob R. Hawkins whole,
with interest, for any loss of wages and bene-
fits suffered by reason of the discrimination
against him, from the date of his discharge to
his reinstatement by Dunlap & Company, Inc.,
to his former or substantially equivalent job, or
to the date that he secures employment with
some other employer substantially equal to
that which he formerly had with Dunlap &
Company, Inc.
LOCAL 1263, INTERNATIONAL
BROTHERHOOD OF PAINTERS AND
ALLIED TRADES, AFL-CIO