Matson Paint, Inc.Download PDFNational Labor Relations Board - Board DecisionsJan 25, 1977227 N.L.R.B. 1473 (N.L.R.B. 1977) Copy Citation 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. 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