Metro Metals

National Labor Relations Board - Board Decisions

Sep 28, 1976

226 N.L.R.B. 163 (N.L.R.B. 1976)

METRO METALS 163
Metro Metals and Carroll Dean Edwards and Sheet-
metal Workers International Association , Local 2,
Party in Interest . Case 17-CA-7141
September 28, 1976
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND PENELLO
Upon a charge filed on May 18, 1976, by Carroll
Dean Edwards, herein called the Charging Party,
and duly served on Metro Metals, herein called the
Respondent, the General Counsel of the National
Labor Relations Board, by the Regional Director for
Region 17, issued a complaint and notice of hearing
on June 23, 1976, against Respondent, alleging that
Respondent had engaged in and was engaging in un-
fair labor practices affecting commerce within the
meaning of Section 8(a)(2) and (1) and Section 2(6)
and (7) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and no-
tice of hearing 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, since about March
1976, the Respondent interfered with the administra-
tion of Sheetmetal Workers International Associa-
tion, Local 2, herein called the Union, by permitting
its project manager, a supervisor and/or agent, to
participate in the internal affairs of the Union, (1) by
holding the office of vice president and participating
as a member of the Union's executive board and (2)
by voting in internal union elections to determine
who is to administer the affairs of the Union. Re-
spondent failed to file an answer to the'complaint.
On July 15, 1976, counsel for the General Counsel
filed directly with the Board a Motion for Summary
Judgment, with exhibits attached. Subsequently, on
July 20, 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 Sum-
mary Judgment should not be granted. Respondent
thereafter did not file a response to Notice To Show
Cause, so that the allegations of the 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.
On June 24, 1976, the Regional Director consolidated the instant case
with Case 17-CA-7012 and therafter on July 9, 1976, severed them because
it was likely that Case 17-CA-7012 would be submitted directly to the
Board on a stipulation and because counsel for the General Counsel advised
that he intended to file a Motion for Summary Judgment in the instant case
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 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 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 issued on
June 23, 1976, and duly served on the Respondent
and Union 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 to be true
and may be so found by the Board." According to
the uncontroverted allegations of the Motion for
Summary Judgment, in a telephone conversation on
July 6, 1976, the Respondent's representatives, Rob-
ert Grindginar, general manager, and Charles Mitts,
comptroller, stated to counsel for the General Coun-
sel that the Respondent would not file an answer to
the complaint and it would have no objection to the
entry of a Board order herein. As of July 13, 1976,
the date the Motion for Summary Judgment was is-
sued, no answer had been filed.
In view of the Respondent's failure to answer, un-
der the rule set forth above, and no good cause hav-
ing been shown for such failure, the allegations of the
complaint are deemed to be admitted and are found
to be true. Accordingly, we shall 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
The Respondent, a corporation, is engaged in the
business, of sheetmetal fabrication and contracting
226 NLRB No. 30
164 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work in the construction industry with its principal
place of business located in Lenexa, Kansas. In the
course and conduct of its business operations at the
Lenexa, Kansas, facility, the Respondent annually
purchases goods and/or services valued in excess of
$50,000 directly from sources located outside the
State of Kansas, and it annually sells goods and/or
services valued in excess of $50,000 directly to cus-
tomers located outside the State of Kansas.
We find, on the basis of the foregoing, that Re-
spondent is, and has been at all times material here-
in, 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 juris-
diction herein.
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 mean-
ing of Section 8(a)(1) and (2) of the Act, we shall
order that it cease and desist therefrom and take cer-
tain affirmative actions designed to effectuate the
policies of, the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
II. THE LABOR ORGANIZATION INVOLVED
Sheetmetal Workers International Association,
Local 2, is a labor organization within the meaning
of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
The 8(a)(1) and (2) Violations
Since about March 1976, the Respondent has in-
terfered, and is interfering, with the administration of
the Union by permitting -Dennis Shallenberg, its
project superintendent, a supervisor and/or agent of
Respondent, to participate in the internal affairs of
the Union by:
(a) Holding the office of vice president and parti-
cipating as a member of the Union's executive board,
respectively, and
(b) Voting in internal union elections to determine
who is to administer the affairs of the Union.
Accordingly, we find, that, by the aforesaid con-
duct, Respondent has interfered with, restrained, and
coerced employees in the exercise of the rights guar-
anteed under -Section 7 of the Act and did interfere,
and is interfering, with the administration of a labor
organization and, by such conduct, Respondent has
engaged in and is engaging in unfair labor practices
within the meaning of Sections 8(a)(1) and (2) and
2(6) and (7) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
The activities of Metro Metals set forth in section
III, above, occurring in connection with its opera-
tions described in section I, above, have a close, inti-
mate, and substantial relationship to trade, traffic,
CONCLUSIONS OF LAW
1. Metro Metals is an employer engaged in com-
merce within the meaning of Section 2(6) and (7) of
the Act.
2. Sheetmetal Workers International Association,
Local 2, is a labor organization within the meaning
of Section 2(5) of the Act.
3. By the acts described in section III, above, Re-
spondent has interfered with, restrained, and
coerced, and is interfering with, restraining, and
coercing, employees in the exercise of the rights guar-
anteed them in Section 7 of the Act and did interfere
and is interfering with the administration of a labor
organization, and thereby has engaged in and is en-
gaging in unfair labor practices within the meaning
of Sections 8(a)(1) and (2) and 2(6) and (7) 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 Re-
lations Board hereby orders that the Respondent,
Metro Metals, Lenexa, Kansas, its officers, agents,
successors, and assigns, shall:
1. Cease and desist from:
(a)- Interfering with the administration of Sheet-
metal Workers International Association, Local 2, or
any other labor organization, by permitting its proj-
ect superintendent, supervisors, and/or agents to
participate in the internal affairs of Sheetmetal
Workers International Association, Local 2, or any
other labor organization, by (1) holding office in
Sheetmetal Workers International Association, Local
2, or any other labor organization, (2) participating
as a member of the executive board of Sheetmetal
METRO METALS
Workers International Association, Local 2, or of
any other labor organization, and (3) voting in inter-
nal elections of Sheetmetal Workers International
Association, Local 2, or any other labor organiza-
tion, to determine who is to administer the affairs of
Sheetmetal Workers International Association, Local
2, or any other labor organization.
(b) In any other manner interfering with the ad-
ministration of Sheetmetal Workers International
Association, Local 2, or any other labor organiza=
tion.
(c) In any other manner interfering with, restrain-
ing, or coercing employees in the exercise of the
rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Post at its Lenexa, Kansas, facility copies of
the attached notice marked "Appendix." 2 -Copies of
said notice, on forms provided by the Regional Di-
rector for Region 17, after being duly signed by
Respondent's representative, shall be posted by Re-
spondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter,
in conspicuous places, including all places where no-
tices _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.
(b) Notify the Regional Director for Region 17, in
writing, within 20 days from the date of this Order,
what steps the' Respondent has taken to comply here-
with.
2In 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
165
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT interfere with the administra-
tion of Sheetmetal Workers International Asso-
ciation, Local 2, or any other labor organization,
by permitting our project superintendent, super-
visors, and/or agents to participate in the inter-
nal affairs of Sheetmetal Workers International
Association, Local 2, or any other labor organi-
zation, by (1) holding office in Sheetmetal
Workers International Association; Local 2, or
any other labor organization, ,(2) participating as
a member of Sheetmetal Workers International
Association Local 2's executive board or any
other labor organization's executive board, and
(3) voting in internal elections of - Sheetmetal
Workers International Association, - Local 2, or
any other labor organization; to determine who
is to administer the affairs of Sheetmetal Work-
ers International Association, Local 2, or any
other labor organization.
WE WILL NOT in any other manner interfere
with the administration of Sheetmetal Workers
International Association, Local 2, or any other
labor organization.
WE WILL NOT in any, other manner interfere
with, restrain, or coerce our employees in the
exercise of the rights guaranteed them by Sec-
tion 7 of the Act.
METRO METALS