Local Union No. 542

National Labor Relations Board - Board Decisions

Aug 31, 1979

244 N.L.R.B. 752 (N.L.R.B. 1979)

DI('ISIONS OF NATlIONAL LABOR RELATIONS BOARD
Local Union No. 542, International Union of Operat-
ing Engineers, AFL-CIO and Delaware Contrac-
tors Association, Inc. Case 4 -CC 1128
August 31, 1979
DECISION AND ORDER
BY MIMBI!RS PNI.I()O, MI:RPIIY. ANI) TRUFSI)A. I
Upon a charge filed on March 12, 1979, by Dela-
ware Contractors Association, Inc. (herein the DCA),
and duly served on Local Union No. 542, Interna-
tional Union of Operating Engineers, AFL CIO
(herein Respondent), the General Counsel of the Na-
tional Labor Relations Board, by the Regional Direc-
tor for Region 4, issued a complaint on April 27,
1979, against Respondent alleging that Respondent
had engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of
Section 8(h)(4)(i) and (ii)(B) and Section 2(6) and (7)
of the National abor Relations Act, as amended.
Copies of the charge, complaint, and notice of hear-
ing before an administrative law judge were duly
served on the parties to this proceeding.
With respect to the unfair labor practices the com-
plaint alleges, in substance, that from on or about
March 7, 1979, until on or about March 13, 1979,
Respondent did engage in and did induce and en-
courage and is inducing and encouraging individuals
employed by persons engaged in commerce or in an
industry affecting commerce 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, articles, materials, or com-
modities or to perform any services; that Respondent
did threaten, coerce, arid restrain and is threatening,
coercing, and restraining persons engaged in com-
merce or in an industry affecting commerce where in
either case an object thereof is forcing or requiring
persons to cease using, selling, handling, transporting,
or otherwise dealing in the products of any other pro-
ducer, processor, or manufacturer or to cease doing
business with other persons: and that Respondent
thereby did engage in and is engaging in unfair labor
practices within the meaning of Section 8(b)(4)(i) and
(ii)(B) of the Act.
Respondent failed to file an answer to the com-
plaint. On April 27, 1979, counsel for the General
Counsel filed directly with the Board a Motion fbr
Summary Judgment in which he alleges. inter lia.
that although counsel for Respondent gave assur-
ances on or about June 1., 1979, that an answer to the
complaint would be filed no answer has been filed.
Subsequently, on June 28, 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 failed to file a response to the
Notice To Show Cause. Accordingly, the allegations
in the Motion for Summary Judgment stand uncon-
troverted.
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 tor Summnar 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. den. 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-
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 admit-
ted to he true and shall be so found by the
Board, unless god cause to the contrar is
shown.
The complaint served on Respondent specifically
stated that unless an answer was filed to the com-
plaint within 10 days from the service thereoff "all of
the allegations in the Complaint shall be deemed to
be admitted to be true and may be so found by the
Board." Respondent, as noted supra, did not file an
answer to the complaint within 10 days from the ser-
vice of the complaint or at any other time and has
failed to respond to the Notice To Show Cause. No
good cause to the contrary having been shown or
failure to file a timely answer, in accordance, with the
rule set forth above, the allegations in the complaint
against Respondent are deemed to be admitted and
are found to be true.' Accordingly. we grant the Mo-
tion for Summary Judgment.
On the basis of' the entire record the Board makes
the following:
I Jerry 4ison, urlis Si}lnw aid Rodnei, I 1' iln d h 4,; i , &
Sons. 193 NtLRB 350 (1971), and cases cited therein
244 NLRB No. 119
752
1.()(C,1. NION NO 542
INI)IN(iS O)I F \( I
I. JI'RISI)I(II()N
DCA is and has been at all times material herein a
multiemplover association composed of employers in
the construction industry in the State of Delaware
and exists, inter alia, for the purpose ot representing
its employer-members in the negotiation of collective-
bargaining agreements with various labor organiza-
tions, including Respondent. Ralph G. Degli-Obizzi.
Inc.. herein called Degli-Obizzi, a member of [)CA, is
and has been at all times material herein a corpora-
tion duly organized under and existing by virtue of
the laws of the State of Delaware and engaged in the
business of plumbing contracting with its principal
offices located in Wilmington, Delaware. During the
past year, in the course and conduct of its business.
Degli-Obizzi has performed services valued in excess
of $50,000 for customers located in the State of Dela-
ware, who in turn sold products valued in excess of
$50,000 to customers located outside the State of
Delaware. In view of the above we find that DCA
and Degli-Obizzi are and have been at all times mate-
rial herein employers as defined in Section 2(2) of the
Act, engaged in commerce within the meaning of Sec-
tion 2(6) and (7) of the Act, respectively.
Ursuline Academy of Wilmington, Delaware. Inc.
(herein called Ursuline), is and has been at all times
material herein a corporation duly organized under
and existing by virtue of the laws of the State of Dela-
ware and engaged in the operation of a school located
at 1106 Pennsylvania Avenue. Wilmington, Dela-
ware.
Respondent is and has been at all times material
herein a labor organization within the meaning of
Section 2(5) of the Act, and Albert Spanich is and has
been at all times material herein a business agent of
Respondent and an agent thereof within the meaning
of Section 8(b) of the Act.
Accordingly. based on the foregoing. we conclude
and find that it will effectuate the purposes of the Act
to assert jurisdiction in this proceeding.
II. I'L UNFAIR .ABOR PRA('II('ES
Since on or about September 1978, and at all times
material herein, Healy-DiSabatino. a joint venture.
has been engaged by Ursuline as construction man-
ager on a project at its premises. At all times material
herein Corrado Brothers, Inc. (herein Corrado Broth-
ers), and Degli-Ohizzi have been engaged as subcon-
tractors to perform construction work at the Ursuline
construction project. From on or about March 7.
1979, until on or about March 13, 1979, Respondent.
through its agents Albert Spanich and others, induced
and encouraged individuals employed b\ (Corrado
Brothers to refuse to perform work for said emplover
at the UIrsuline construction project. An object of the
acts and conduct of Respondent was and is to force or
require Corrado Brothers. Healy-DiSabatino. rsu-
line, and other persons to cease using. selling. han-
dling. transporting. or otherwise dealing in the prod-
ucts of and/or to cease doing business with Degli-
Obizzi and with each other.
Ill. 111 FFIF'( I 1 il: :NFAIR lAtBOR PRA('I(IS
t O()N t OMMIR(' I.
By the acts described in section II. ahbove. per-
formed with an object also set forth in section II.
above, and by each of said acts Respondent did en-
gage in and did induce and encourage and is includ-
ing and encouraging individuals employed by persons
engaged in commerce or in an industry affecting conm-
merce 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, arti-
cles. materials, or commodities or to perform an' ser-
vices: and Respondent did threaten, coerce, aind
restrain and is threatening. coercing. and restraining
persons engaged in commerce or in an industrN affect-
ing commerce where in either case an object thereof
was to force or require persons to cease using. selling.
handling, transporting. or otherwise dealing in the
products of any other producer, processor. or manu-
facturer or to cease doing business with other per-
sons: and Respondent thereby did engage in, and is
engaging in, unfair labor practices within the mean-
ing of Section 8(b)(4)(i) and (ii)(B) of the Act.
The activities of Respondent described above oc-
curring in connection with the operations of Degli-
Obizzi have a close. intimate, and substantial rela-
tionship to trade, traffic, and commerce among the
several States and tend to lead to labor disputes bur-
dening and obstructing commerce and the free flow of
commerce. The acts of Respondent described abo e
constitute 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.
iv. rili RtMtiD)Y
Having found that Respondent has violated Sec-
tion 8(b)(4)(i) and (ii)(B) of the Act, we shall oder
that it cease and desist therefrom and take certain
affirmative action necessary to effectuate the purposes
of the Act.
(O()Nt. siO)NS OF L.A\o.
1. DCA and Degli-Obizzi are employers within the
meaning of Section 2(2) of the Act, and the, are en-
I)l('ISIONS ()F NAtIIONAl. IABOR RLA'IONS BOARD
gaged 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. Respondent did engage in and did induce and
encourage and is inducing and encouraging individ-
uals employed by persons engaged in commerce or in
an industry affecting commerce 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. articles. materials, or com-
modities or to perfo)rm any services: and Respondent
did threaten, coerce, and restrain and is threatening.
coercing. and restraining persons engaged in com-
merce or in an industry affecting commerce where in
either case an object thereof is forcing or requiring
persons to cease using, selling, handling, transporting,
or otherwise dealing in the products of any other pro-
ducer, processor, or manufacturer or to cease doing
business with other persons: and Respondent thereby
did engage in and is engaging in unfair labor prac-
tices within the meaning of Section 8(b)(4)(i) and
(ii)(B) of the Act.
4. 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 Rela-
tions Board hereby orders that the Respondent, Local
Union No. 542, International Union of Operating
Engineers, AFL CIO. its officers, agents, and repre-
sentatives, shall:
1. Cease and desist from engaging in. or inducing
or encouraging individuals employed by persons en-
gaged in commerce or in an industry affecting com-
merce 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, arti-
cles, materials, or commodities, or to perform any ser-
vices: and from threatening, coercing, or restraining
persons engaged in commerce or in an industry affect-
ing commerce, where in either case an object thereof
is to force said employers or persons to cease using,
selling, handling, transporting, or otherwise dealing in
the products of any other producers, processor or
manufacturer or to cease doing business with other
persons.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Post at its business offices and meeting halls
copies of the attached notice marked "Appendix."2
Copies of said notice, on forms provided by the Re-
gional Director for Region 4, after being duly signed
by Respondent Union's authorized representative.
shall be posted by it immediately upon receipt
thereof and be maintained by if for 60 consecutive
days thereafter, in conspicuous places. including all
places where notices to members are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered, de-
faced, or covered by any other material.
(b) Sign and mail sufficient copies of said notices
to said Regional Director for Region 4 of the Na-
tional Labor Relations Board in Philadelphia. Penn-
sylvania. for posting by each of the Employers named
in the preceding paragraphs, it willing, at all places
where notices to their respective employees are cus-
tomarily posted.
(c) NotifL the Regional Director for Region 4, in
writing, within 20 days from the date of this Order.
what steps Respondent has taken to comply herewith.
I In the event that this Order is enforced hb a Judgment of'a t [nited States
court of appeals, the words in the notice reading "Posted by Order of the
National l abor Relations Board" shall read "Posted Pursuant to a Judgment
of the nited States Court of Appeals Enforcing an Order of the National
Labor Relations Board."
APPENDIX
N()o I(E To EMPLOYlES
PoSI ED BY ORDE).R ()F tIE
NAII()AI. LABOR R.AII()NS BOARD
An Agency of the United States Government
WEi l.I. NOI' engage in, or induce or encour-
age individuals employed by persons engaged in
commerce or in an industry affecting commerce
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, articles, materials, or commodities, or to
perform any services: and threaten, coerce, or
restrain persons engaged in commerce or in an
industry affecting commerce. where in either
case an object thereof is to force said employers
or persons to cease using, selling. handling,
transporting, or otherwise dealing in the prod-
ucts of any other producer. processor, or manu-
facturer or to cease doing business with other
persons.
7S4