Long Stretch Youth Home, Inc.

National Labor Relations Board - Board Decisions

Apr 29, 1987

283 N.L.R.B. 781 (N.L.R.B. 1987)

LONG STRETCH YOUTH HOME
Long Stretch Youth ,Home, Inc. and Maryland State
Employees Council 92,, AFSCME, AFL-CIO.
Case 5-CA-16242
29 April,1987
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND CRACRAFT
Upon a charge filed by the Union 12 March 1984
and an amended charge, filed 11 April 1984, the
General Counsel of the National Labor Relations
Board issued a complaint 21 October 1986 against
the Company, the Respondent, alleging that it has
violated Section 8(a)(1) and (3) of the National
Labor Relations Act. Although properly served
copies of the charges and complaint, the Company
has failed to file an answer.'
On 26 February 1987 the General Counsel filed a
Motion for Summary Judgment: On 2 ' March 1987
the Board issued, an order transferring the proceed-
ing 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
unless good cause is shown. The complaint states
that unless an answer is filed "all 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 Sum-
mary Judgment disclose that the Regional Office,
by letters dated 10' November 1986 and 28 January
1987 and sent by certified mail, notified' the Com-
pany that unless an answer was received immedi-
ately, a Motion for Summary Judgment would be
filed.2
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.
i On 30 October 1986 the complaint, which was served by certified
mail, was returned to the Regional Office by the Postal Service. The un-
opened envelope containing the complaint indicated that delivery had
been refused.
2 The Respondent refused delivery of these letters. In addition, a
Board agent visited the residence of the Respondent's executive director,
William Platter, and, receiving no response at, the door, affixed to the
door a copy of the Regional Office's 28 `January 1987 letter to the Re-
spondent. The Regional Office received no response to this service.
283 NLRB ' No. 120
781
On the entire record, the Board makes the fol••
lowing
FINDINGS OF FACT
1. JURISDICTION
The Company, a Maryland nonprofit corpora-
tion, operates a residential facility for teenaged
boys in Frostburg, Maryland, where it annually de-
rives gross revenues in excess of $250,000. We take
official notice of the Board's previous assertion of
jurisdiction with respect to the Company.3 We find
that the Company is an employer engaged in com-
merce within the meaning of Section 2(6) and (7)
of the Act and that the Union is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all times material, William Platter has been
the Respondent's excutive director. As such, Plat-
ter is a supervisor within the meaning of Section
2(11) of the Act and an agent of the Respondent
within the meaning of Section 2(13) of the Act.
About 6 November 1983 Platter attempted to
discourage employees' activities on behalf' of the
Union by suggesting they resign, threatening them
with discharge, telling them they were to blame for
the poor financial condition of 'the Respondent, and
telling them they were irreligious because of their
union activities. About 10 November 1983 Platter
threatened employees with reduction of their bene-
fits and services for clients and possible furloughs
because of their union activities. About 27 October
1983 the Respondent discharged employee Terry
Galica and about 1 December 1983 discharged em-
ployee John Footen because they joined, support-
ed, or assisted the Union, and engaged in concerted
activities for the purpose of collective, bargaining
or other mutualaid or protection. '
Based on the above, we fmd that Platter's state-
ments to employees relating to their union activi-
ties violated Section 8(a)(1) of the Act. We further
find that the Respondent violated Section 8(a)(3)
and (1) by discharging employees Galica and
Footen for their union and protected conceited ac-
tivities.
CONCLUSIONS OF LAW
1. By coercively suggesting to employees that
they resign, threatening employees with discharge,
telling employees they were to blame for the Re-
spondent's poor financial condition, telling e;mploy-
8 280 NLRB 678 (1986) (Chairman Dotson dissenting)
The Respondent's refusal to accept delivery 'of certified mail should
not serve to defeat the purposes of the Act. Michigan Expediting Service,
282 NLRB 210 (1986).
782 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
ees they were irreligious because of their union ac-
tivities, and threatening employees with reduction
of their benefits and services for clients and possi-
ble furloughs, the Company has engaged in unfair
labor practices affecting commerce within the
meaning of Section 8(a)(1) and Section 2(6) and (7)
of the Act.
2. By discriminatorily discharging employees
Terry Galica about 27 October 1983 and John
Footers about 1 December 1983, the Company vio-
lated Section 8(a)(3) and (1).
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.
The Respondent, having discriminatorily dis-
charged two employees, must offer them reinstate-
ment and make them whole for any loss of earn-
ings and other benefits, computed on a quarterly
basis from date of discharge to the date of a proper
offer of reinstatement, less any net earnings as pre-
scribed in F. W. Woolworth Co., 90 NLRB 289
(1950), plus interest as computed in Florida Steel
Corp., 231 NLRB 651 (1977). We deny as unneces-
sary the General Counsel's request for a visitatorial
provision.
ORDER
The National Labor Relations Board orders that
the Respondent, Long Stretch Youth Home, Inc.,
Frostburg, Maryland, its officers, agents, succes-
sors, and assigns, shall
1. Cease and desist from
(a) Discharging or otherwise discriminating
against any employee for engaging in union activi-
ty or concerted activity for the purpose of collec-
tive bargaining or other mutual aid or protection.
(b) Coercively suggesting to employees that they
resign, threatening employees with discharge, tell-
ing employees they are to blame for the Company's
poor, financial condition, telling employees they are
irreligious because of their union activities, and
threatening employees with reduction of their ben-
efits and services for clients and possible furloughs.
(c) 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) Offer Terry Galica and John Footen immedi-
ate and full reinstatement to their former jobs or, if
those jobs no longer exist, to substantially equiva-
lent positions, without prejudice to their seniority
or any other rights or privileges previously en-
joyed, and make them whole for any loss of earn-
ings and other benefits suffered as a result of the
discrimination against them, in the manner set forth
in the remedy section of the decision.
(b) Remove from its files any reference to the
unlawful discharges and notify the employees in
writing that this has been done and -that the dis-
charges will -not be used against them in any way.
(c) Preserve and, on request,, make available to
the Board or its agents for examination and copy-
ing, all payroll records, social security payment
records, timecards, personnel ,records and reports,
and all other records necessary to analyze the
amount of backpay due under the terms of this
Order.
(d) Post at its facility in Frostburg, Maryland,
copies of the attached notice marked "Appendix."4
Copies of the notice, on forms provided by the Re-
gionalDirector for -Region 5, after being signed by
the Respondent's authorized representative, shall be
posted by the Respondent immediately upon re-
ceipt and maintained for 60 ' consecutive days in
conspicuous places including all places where no-
tices to employees are customarily posted. Reason-
able steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or
covered by any other material.
(e) 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.
In accord with my dissent in Long Stretch Youth
Home, 280 NLRB 678 (1986), I would not exercise
the Board's jurisdiction over the Respondent.
4 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."
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 At
and has ordered us to post and abide by this notice.
WE WILL NOT discharge or otherwise discrimi-
nate against any of you for your activities on
behalf of Maryland State Employees Council 92,
LONG STRETCH YOUTH HOME
AFSCME, AFL-CIO, or any other union, or for
your concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection.
WE WILL NOT coercively suggest that you
resign, threaten you with discharge, tell you that
you are to blame for the Company's poor financial
condition, tell you that you are irreligious because
of your union activities, or threaten you with re-
duction of your benefits and services for clients
and possible furloughs.
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.
783
WE WILL offer Terry Galica and John Footen
immediate and full reinstatement to their former
jobs or, if those jobs no longer exist, to substantial-
ly equivalent positions, without prejudice to their
seniority or any other rights or privileges previous-
ly enjoyed and WE WILL make them whole for any
:loss of earnings and other benefits resulting from
their discharge, less any net interim -earnings, plus
interest.
WE WILL notify each of them that we have re-
moved from our files any reference to their dis-
charge and that the discharge will not be used
,against them in any way.
LONG STRETCH YOUTH HOME, INC.