Matson Paint, Inc.

National Labor Relations Board - Board Decisions

Jan 25, 1977

227 N.L.R.B. 1473 (N.L.R.B. 1977)

MATSON PAINT 1473
Matson Paint , Inc. and Sign Painters, Paint Makers
and Allied Trades Local 1094 , International Broth-
erhood of Painters and Allied Trades , AFL-CIO.
Case 19-CA-8540
January 25, 1977
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS
JENKINS AND WALTHER
Upon a charge filed on May 3, 1976, by Sign
Painters, Paint Makers and Allied Trades Local 1094,
International Brotherhood of Painters and Allied
Trades, AFL-CIO, herein called the Union, and duly
served on Matson Paint, Inc., herein called the
Respondent, the General Counsel of the National
Labor Relations Board, by the Regional Director for
Region 19, issued a complaint on July 2, 1976, against
Respondent, alleging that Respondent had engaged
in and was engaging in unfair labor practices affect-
ing commerce within the meaning of Section 8(a)(5)
and (1) and Section 2(6) and (7) of the National
Labor Relations Act, as amended. Copies of the
charge and complaint and notice of hearing before an
Administrative Law Judge were duly served on the
parties to this proceeding. Respondent failed to file
an answer to the complaint.
On August 18, 1976, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on September 1,
1976, 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 and the
averments of the Motion for Summary Judgment and
of the attached supporting affidavit and certification
stand uncontroverted.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority 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, 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, deny, or
explain each of the facts alleged in the complaint,
unless the respondent is without knowledge, in
which case the respondent shall so state, such
227 NLRB No. 212
statement operating as a denial. All allegations 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 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 the
Respondent specifically states that unless an answer
to the complaint is filed by the Respondent within 10
days of service 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 an affidavit of counsel for the General
Counsel, on July 21, 1976, he first telephoned, and
later mailed to Respondent by regular mail a confir-
matory letter notifying it of its failure to file an
answer and requesting that counsel for Respondent
file an answer by July 30, 1976. No answer was
received from Respondent by July 30, 1976, or by
August 18, 1976, the date of the Motion for Summary
Judgment. No good cause for failure to file an answer
having been shown, in accordance with the rule set
forth above, the allegations of the complaint are
deemed to be admitted. We, accordingly, find as true
all the allegations of the complaint and grant the
Motion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Respondent is a corporation doing business in the
State of Washington with its principal office and
place of business in Seattle, Washington, where it is
engaged in the manufacture of paints and the retail
and wholesale sale of paint products. During the past
12 months it purchased and received at its Seattle
plant goods and materials valued in excess of $50,000,
which were transported to said plant directly from
States other than the State of Washington.
We find, on the basis of the foregoing, that
Respondent 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.
II. THE LABOR ORGANIZATION INVOLVED
Sign Painters, Paint Makers and Allied Trades
Local 1094, International Brotherhood of Painters
1474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Allied Trades, AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Unit
The following employees of the Respondent consti-
tute a unit appropriate for collective-bargaining
purposes within the meaning of Section 9 (b) of the
Act.
All persons manufacturing and packaging colors,
oils, lacquers, varnishes, paints and kindred pro-
ducts shall be covered by this Agreement. Fore-
men and superintendents who have the power to
hire and fire shall not be required to be a member
of the Union. Maintenance men not under the
jurisdiction of another Union shall be under the
jurisdiction of Paint and Allied Trade Local
Union No. 1094.
The Union has been the collective-bargaining
representative of the employees in said unit since on
or about May 13, 1974, when the Paint, Varnish, and
Lacquer Association, representing the Respondent
and other employer-members of the Association, and
the Union executed the collective-bargaining agree-
ment effective through April 30,1977, and the Union
continues to be such exclusive representative within
the meaning of Section 9(a) of the Act.
B. The Request To Bargain and Respondent's
Refusal
The agreement described in paragraph A, above,
covers wages, hours, and working conditions of the
unit including a union-secunty clause and a griev-
ance procedure with binding arbitration as the final
step. In or about mid-March 1976, the Union
requested Respondent to meet and discuss a griev-
ance filed pursuant to the parties' agreement. Com-
mencing on or about April 6, 1976, and at all times
thereafter, Respondent has failed and refused to
process the grievance or to otherwise meet and
bargain with the Union.
In or about the middle of March 1976, the Union
requested Respondent to supply it with a list of all
new employees for the purposes of collective bargain-
ing and contract administration. In or about the
middle of March 1976, Respondent failed and
refused, and continues to fail and refuse, to supply
the Union with the information described above.
We find, accordingly, that Respondent has, since
on or about April 6, 1976, and at all times thereafter,
failed and refused to bargain collectively with the
Union by refusing to process a grievance arising
under the terms of its collective-bargaining agree-
ment with the Union or to otherwise meet and
bargain with the Union and that since in or about the
middle of March 1976, and continuing at all times
thereafter, Respondent, despite the Union's request
that it do so, failed and refused, and continues to fail
and refuse, to supply the Union with a list of all new
employees for the purposes of collective bargaining
and contract administration and that by such refusals
Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8(a)(5)
and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section
III, above, occurring in connection with its opera-
tions described in section I, 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 Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) of the Act, we shall
order that it cease and desist therefrom and take
certain affirmative action as designed to effectuate
the policies of the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Matson Paint, Inc., is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. Sign Painters, Paint Makers and Allied Trades
Local 1094, International Brotherhood of Painters
and Allied Trades, AFL-CIO, is a labor organization
within the meaning of Section 2(6) and (7) of the Act.
3. The following employees constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act:
All persons manufacturing and packaging colors,
oils, lacquers, varnishes, paints and kindred products
shall be covered by this Agreement. Foremen and
superintendents who have the power to hire and fire
shall not be required to be a member of the Union.
Maintenance men not under the jurisdiction of
another Union shall be under the jurisdiction of Paint
and Allied Trade Local Union No. 1094.
4. Since on or about May 13, 1974, the above-
named labor organization has been and now is the
contractual and recognized exclusive representative
MATSON PAINT 1475
of all employees in the aforesaid appropriate unit for
the purposes of collective bargaining within the
meaning of Section 9(a) of the Act.
5. By refusing on or about April 6, 1976, and at all
times thereafter, to meet with the above-named labor
organization to process a grievance arising under its
collective-bargaining agreement, Respondent has
engaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) and (1) of the
Act.
6. By refusing in or about the middle of March
1976, and at all times thereafter, to supply the above-
named labor organization with a list of all new
employees for the purposes of collective bargaining
and contract administration, Respondent has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) and (1) of the
Act.
7. The aforesaid unfair labor practices are unfair
labor practices 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
Relations Board hereby orders that the Respondent,
Matson Paint, Inc., Seattle Washington, its officers,
agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Refusing to meet and negotiate concerning
employee grievances filed under a collective-bargain-
ing contract with Sign Painters, Paint Makers and
Allied Trades Local 1094, International Brotherhood
of Painters and Allied Trades, AFL-CIO, as the
recognized and contractual collective-bargaining rep-
resentative of its employees in the following appropri-
ate collective-bargaining unit:
All persons manufacturing and packaging co-
lors, oils, lacquers, varnishes, paints and kindred
products shall be covered by this Agreement.
Foremen and superintendents who have the
power to hire and fire shall not be required to be a
member of the Union. Maintenance men not
under the jurisdiction of another Union shall be
under the jurisdiction of Paint and Allied Trade
Local Union No. 1094.
(b) Refusing to bargain collectively with the above-
named labor organization by refusing to supply it
with a list of all new employees for purposes of
collective bargaining and contract administration.
(c) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action necessary
to effectuate the policies of the Act:
(a) Upon request, bargain collectively with Sign
Painters, Paint Makers and Allied Trades Local 1094,
International Brotherhood of Painters and Allied
Trades, AFL-CIO, as the exclusive bargaining repre-
sentative of employees in the aforesaid appropriate
unit, concerning grievances and other terms and
conditions of employment.
(b) Upon request, furnish the aforenamed labor
organization a list of new employees and other
information necessary to enable it to bargain intelli-
gently as the exclusive bargaining representative of
the employees in the aforesaid appropriate unit.
(c) Post at its Seattle, Washington, facility copies of
the attached notice marked "Appendix."' Copies of
said notice, on forms provided by the Regional
Director for Region 19, 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 thereaf-
ter, in conspicuous places, including all places where
notices to employees are customarily posted. Reason-
able steps shall be taken by Respondent to insure that
said notices are not altered, defaced, or covered by
any other material.
(d) Notify the Regional Director for Region 19, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply
herewith.
i In the event that 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
National 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
WE WILL NOT refuse to meet and negotiate
concerning employee grievances filed under a
collective-bargaining contract with Sign Painters,
Paint Makers and Allied Trades Local 1094,
International Brotherhood of Painters and Allied
Trades, AFL-CIO, as the recognized and contrac-
tual collective-bargaining representative of our
employees in the collective-bargaining unit de-
scribed below.
WE WILL NOT refuse to bargain collectively with
the above-named labor organization by refusing
to supply it with a list of all new employees for
purposes of collective bargaining and contract
administration.
1476 DECISIONS OF NATIONAL
WE WILL NOT interfere with , restrain , or coerce
our employees in the exercise of the rights
guaranteed them by Section 7 of the Act.
WE WILL , upon request , bargain collectively
with the above -named labor organization as the
exclusive bargaining representative of our em-
ployees in the bargaining unit described below,
concerning grievances and other terms and condi-
tions of employment.
WE WILL , upon request , furnish the above-
named labor organization a list of new employees
and other information necessary to enable it to
bargain intelligently as the exclusive bargaining
LABOR RELATIONS BOARD
representative of the employees in the bargaining
unit described below . The bargaining unit is:
All persons manufacturing and packaging
colors, oils, lacquers , varnishes , paints and
kindred products shall be covered by this
Agreement . Foremen and superintendents
who have the power to hire and fire shall not
be required to be a member of the Union.
Maintenance men not under the jurisdiction
of another Union shall be under the jurisdic-
tion of Paint and Allied Trade Local Union
No. 1094.
MATSON PAINT, INC.