Local 32B-32J

National Labor Relations Board - Board Decisions

Mar 12, 1979

240 N.L.R.B. 1312 (N.L.R.B. 1979)

1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 32B-32J, Service Employees International
Union, AFL-CIO and Henri Bendel Division of
Genesco, Inc. Case 2-CP-633
March 12, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MFMBERS PENEI.LO.()
AND TRUESDAULF
Upon a charge filed on November 8. 1978, by
Henri Bendel Division of Genesco, Inc., herein re-
ferred to as Bendel, and duly served on Local 32B
32J, Service Employees International Union, AFL-
CIO, herein referred to as Respondent, the General
Counsel of the National Labor Relations Board, by
the Regional Director for Region 2, issued a com-
plaint and notice of hearing on December 8, 1978,
against Respondent alleging that Respondent had
engaged in and was engaging in unfair labor prac-
tices within the meaning of Section 8(b)(7)(C) and
Section 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 Respondent. Respondent
failed to file an answer to the complaint.
On January 8, 1979, counsel for General Counsel
filed directly with the Board a Motion for Summary
Judgment. Subsequently, on January 18, 1979, 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 re-
sponse to the Notice To Show Cause and therefore
the allegations in the complaint and Motion for Sum-
mary Judgment stand uncontroverted.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority 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 and Regula-
tions 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 com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
such statement operating as a denial. All allega-
240 NLRB No. 183
tions 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 ad-
mitted 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 Re-
spondent herein specifically states that unless an an-
swer to the complaint is filed within 10 days of ser-
vice 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 of the Motion for
Summary Judgment, counsel for General Counsel in-
formed Respondent by mail, dated December 22,
1978, that no answer to the complaint and notice of
hearing had been received and that unless such was
received by noon on December 29, 1978, a Motion
for Summary Judgment would be filed. On Decem-
ber 28, 1978, counsel for the General Counsel spoke
by phone with an attorney for Respondent and re-
minded him that Respondent's answer was due by
noon on the following day. As noted above, Respon-
dent failed to file an answer and now has not re-
sponded to the Notice To Show Cause.
Accordingly, under the rule set forth above, no
good cause having been shown for the failure to file a
timely answer, the allegations of the complaint are
deemed admitted and are found to be true, and we
shall grant the General Counsel's Motion for Sum-
mary Judgment. On the basis of the entire record, the
Board makes the following:
FINI)IN(;S OF FAC(I
I. BUSINESS OF THE EMPLOYER
Bendel is a Tennessee corporation with its princi-
pal office and place of business in the city and State
of New York. It is engaged in the retail sale and
distribution of women's clothing and related prod-
ucts.
During the 12-month period ending October 31,
1978, Bendel, in the course and conduct of its busi-
ness operations, derived gross revenues in excess of
$500,000, and during the same period, Bendel pur-
chased goods and supplies valued in excess of
$50,000 which were delivered in interstate commerce
to its New York facility directly from firms located
outside the State of New York.
We find, on the basis of the foregoing, that Bendel
is now and has been at all times material herein an
employer engaged in commerce within the meaning
LOCAL 32B-32J, SERVICE EMPLOYEE 1313
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
Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
111. THE NFAIR LABOR PRA('TI('ES
Until on or about September 1,. 1978, the cleaning
and maintenance work at Bendel's New York prem-
ises was performed by Tempco Service Industries,
Inc., herein referred to as Tempco. Tempco's em-
ployees were represented for purposes of collective
bargaining by Respondent. On or about September
2, 1978, however, Bendel terminated its arrangement
with Tempco and commenced using its own employ-
ees for the cleaning and maintenance work.
Nevertheless, Respondent, at all times material
herein, demanded that Bendel employ all of
Tempco's employees who had ceased working at
Bendel's New York premises as a result of Bendel's
termination of its arrangement with Tempco. Since
on or about September 6, 1978, Respondent has pick-
eted and caused to be picketed the Bendel premises
continuously on each and every business day. The
picket signs included the following legend:
HENRI BENDEL UNFAIR TO ORGANIZED
LABOR
LOCAL 32-B32J ON STRIKE
On September 20, 1978, Respondent filed an un-
fair labor practice charge with the Board which, inter
alia, alleged that Bendel violated Section 8(a)(5) of
the Act by refusing to bargain with Respondent. The
Regional Director refused to issue a complaint upon
Respondent's charge on October 24, 1978, and Re-
spondent did not appeal the Regional Director's de-
cision.
At all times material herein Respondent was not
the certified bargaining representative for any of
Bendel's employees. Further, Respondent engaged in
the activity described above without a valid petition
pursuant to Section 9(c) of the Act involving employ-
ees of Bendel having been filed within a reasonable
period of time from the commencement of such pick-
eting.
Based on the foregoing, we conclude that objects
of Respondent's picketing have been, and are, to
force or require Bendel to recognize or bargain with
Respondent as the representative of certain of
Bendel's employees and to force or require such em-
ployees to accept or select Respondent as their col-
lective-bargaining representative. Inasmuch as Re-
spondent was not the certified bargaining
representative for any of Bendel's employees, and as
Respondent continued to picket Bendel and caused
Bendel to be picketed with those objectives in excess
of 30 days without a valid petition under Section 9(c)
of the Act having been filed, we find that Respon-
dent violated Section 8(b)(7)(C) of the Act.
IN IHte EFE('T OF THE NFAIR LABOR PRACTICES UPON
COMMERCE
The activities of Respondent set forth in section
III. above, occurring in connection with Bendel's op-
erations described in section 1, above, have a close
and intimate relationship to trade, traffic, and com-
merce among the several States, and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow thereof.
V. IHE REMEDY
Having found that Respondent has engaged in cer-
tain unfair labor practices, we shall order that it
cease and desist therefrom and take certain affirma-
tive action designed to effectuate the policies of the
Act.
The Board, upon the basis of the foregoing facts
and the entire record in this case, makes the follow-
ing:
CONCI.USIONS OF LAW
I. Henri Bendel Division of Genesco, Inc., is an
employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act.
2. Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
3. By picketing the premises of Henri Bendel Divi-
sion of Genesco, Inc., with an object of forcing or
requiring that Employer to recognize or bargain col-
lectively with Respondent as the representative of
certain of its employees and with an object of forcing
or requiring such employees to accept or select Re-
spondent as their collective-bargaining representa-
tive, without at any time possessing a certification as
the representative of such employees, and without a
petition under Section 9(c) of the Act having been
filed within 30 days from the commencement of said
picketing, Respondent has engaged in unfair labor
practices within the meaning of Section 8(b)(7)(C) of
the Act.
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning 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 Re-
lations Board hereby orders that the Respondent.
Local 32B 32J, Service Employees International
Union, AFL-CIO, New York, New York, its offi-
cers, agents, and representatives, shall:
1. Cease and desist from picketing or causing to be
picketed, or threatening to picket or cause to be pick-
eted, the premises of Henri Bendel Division of (ien-
esco, Inc., in New York, New York, under conditions
prohibited by Section 8(b)(7)(C) of the Act, where an
object thereof is forcing or requiring that Employer
to recognize or bargain with Respondent as the rep-
resentative of tis employees, or where an object
thereof is forcing or requiring such employees to ac-
cept or select Respondent as their collective-bargain-
ing representative.
2. Take the following affirmative action which we
deem is necessary to effectuate the policies of the
Act:
(a) Post at its business and meeting halls copies of
the attached notice marked "Appendix." Copies of
said notice, on forms provided by the Regional Di-
rector for Region 2, after being duly signed by Re-
spondent's authorized representative, shall be posted
by it immediately upon receipt thereof, and be main-
tained by it for 60 consecutive days thereafter. in
conspicuous places, including all places where no-
tices to members are customarily posted. Reasonable
steps shall be taken to ensure that said notices are
not altered, defaced, or covered by any other mate-
rial.
(b) Forthwith mail to the Regional Director for
Region 2 signed copies of the aforementioned notice
for posting at the premises of Henri Bendel Division
of Cienesco, Inc.. in places where notices to employ-
ees are customarily posted, if the Employer is willing
to do so.
(c) Notify the Regional Director for Region 2, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply here-
with.
n he event that this Order is enforced bhI a Judgment of a nited
States Court of Appeals. the woirds in the lnoice reading "Posted b Order
of the Ntionlal I lhol Relltions Boa;rd" shall read "Posted Pursuant to a
Judgment of the t nited States ('ourl if Appeals t.norcing an Order of the
National .ahbor Relatino Board."
APPENDIX
Noir(lt. To MtFIBtERS
PosIIt L BY ORDI)R OF i11t
NAIIO\AI LABOR R.,AIIONS BOARD
An Agency of the United States Government
Wl wi NOI picket or cause to be picketed, or
threaten to picket or cause to be picketed, the
premises of Henri Bendel Division of Genesco,
Inc., in New York, New York. under conditions
prohibited by Section 8(b)(7)(C) of the National
l.abor Relations Act, as amended, where an ob-
ject thereof is forcing or requiring that Employer
to recognize or bargain with our Union as the
representative of the Employer's employees, or
where an object thereof is forcing or requiring
such employees to accept or select our Union as
their collective-bargaining representative.
Lo(A.t 32B 32J SR vl't EM IP'I OYlES
INII RNA IO[)NAI UNION. AFL-CIO