Michigan Rent-To-Own

National Labor Relations Board - Board Decisions

Dec 7, 1987

286 N.L.R.B. 1415 (N.L.R.B. 1987)

MICHIGAN RENT-TO-OWN
Michigan Video and Television , Inc. d/b/a Michigan
Rent-To-Own and Local Union No. 876 , United
Food and Commercial Workers International
Union, AFL-CIO. Case 7-CA-26994
0
7 December 1987
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND CRACRAFT
Upon a charge filed by the Union 27 May 1987,
the General Counsel of the National Labor Rela-
tions Board issued a complaint 26 June 1987 against
Michigan Video and Television, Inc. d/b/a Michi-
gan Rent-To-Own, the Respondent, alleging that it
has violated Section 8(a)(1) and (5) of the National
Labor Relations Act. Although properly served
copies of the charge and complaint, the Respond-
ent has failed to file an answer.
On 28 September 1987 the General Counsel filed
a Motion for Default Judgment. On 6 October
1987 the Board issued an order transferring the
proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The
Respondent 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 Default 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
within 14 days from service of the complaint,
unless good cause is shown. The complaint states
that unless an answer is filed within 14 days of
service, "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 alle-
gations in the Motion for Default Judgment dis-
close that the Acting Regional Attorney for
Region 7, by letter dated 13 July 1987, notified the
Respondent that unless an answer was received by
27 July 1987, a Motion for Default Judgment
would be filed.
In the absence of good cause being shown for
the failure to file a timely answer, we grant the
General Counsel's Motion for Default Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
1. JURISDICTION
1415
The Respondent, a Michigan corporation, is en-
gaged in the business of renting and selling house-
hold appliances and furnishings at its office and
place of business at 637 East Eight Mile Road,
Hazel Park, Michigan, and at its other retail stores
in the cities of Port Huron, Pontiac, Ypsilanti, and
Lincoln Park, Michigan. During the year ending 31
December 1986, a representative period, the Re-
spondent received gross revenues in excess of $1
million and purchased and received goods and ma-
terials valued in excess of $50,000 directly from
points outside the State of Michigan. We find that
the Respondent 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
A. The Certification
Following the election held 9 September 1986
the Union was certified 19 September 1986 as the
collective-bargaining representative of the employ-
ees in the following appropriate unit:
All full-time and regular part-time employ-
ees employed by the Employer at its facilities
located in Port Huron, Pontiac, Hazel Park,
Ypsilanti and Lincoln Park, Michigan; but ex-
cluding managerial employees, confidential
employees, and supervisors and guards as de-
fined in the Act.
The Union continues to be the exclusive repre-
sentative under Section 9(a) of the Act.
B. The Refusal to Provide Information
About 2 December 1986 by verbal demand, and
about 5 December 1986 by letter to the Respond-
ent, the Union requested, inter alia, the following
information about unit employees : names, wages,
hourly rates, commissions, classifications, job de-
scriptions, and benefit programs.
Since about 2 December 1986 the Respondent
has refused to provide the Union with the request.
ed information, which information is necessary for
and relevant to the Union's performance of its
functions as the exclusive collective-bargaining rep-
resentative of the employees in the unit. We find
this refusal to provide the relevant information
286 NLRB No. 137
1416 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
constitutes unlawful conduct in violation of Section
8(a)(5) and (1) of the Act.I
CONCLUSIONS OF LAW
The Respondent has engaged in unfair labor
practices affecting commerce within the meaning
of Section 8(a)(5) and ( 1) and Section 2(6) and (7)
of the Act by refusing to provide the Union the in-
formation it requested about unit employees'
names, wages , hourly rates, commissions , classifica-
tions, job descriptions, and benefit programs.
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.
To ensure that the employees are accorded the
services of their selected bargaining agent for the
period provided by law, we shall extend the initial
period of the certification for a 9-month period
from the date the Respondent begins to bargain in
good faith by providing the Union with the re-
quested information.2 Mar-Jac Poultry Co., 136
NLRB 785 (1962); Lamar Hotel, 140 NLRB 226,
229 (1962); enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction
Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d
47 (10th Cir. 1965).
ORDER
The National Labor Relations Board orders that
the Respondent, Michigan Video and Television,
Inc. d/b/a Michigan Rent-To-Own, Southfield,
Michigan, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Refusing to bargain with Local Union No.
876, United Food and Commercial Workers Inter-
national Union, AFL-CIO, as the exclusive bar-
gaining representative of the employees in the fol-
lowing appropriate bargaining unit by refusing to
provide the Union with the requested information:
All full-time and regular part-time employ-
ees employed by the Employer at its facilities
located in Port Huron, Pontiac, Hazel Park,
Ypsilanti and Lincoln Park, Michigan; but ex-
cluding managerial employees, confidential
employees, and supervisors and guards as de-
fined in the Act.
(b) 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) On request, provide the information the
Union requested by verbal demand of 2 December
1986 and by letter of 5 December 1986.
(b) Post at its facilities in Port Huron, Pontiac,
Hazel Park, Ypsilanti, and Lincoln Park, Michigan,
copies of the attached notice marked "Appendix."3
Copies of the notice, on forms provided by the Re-
gional Director for Region 7, 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.
(c) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
8 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
i In light of our conclusion that the Respondent violated Sec 8(a)(5)
and (1 ), we find it unnecessary to pass on the General Counsel 's motion
concerning the independent 8(a)(1) allegation in the complaint This alle-
gation is redundant in nature being grounded on the identical facts that
support the 8(a)(5) and (1) violations
2 While the General Counsel has requested only a 6-month extension
of the certification 1-year penod , the Respondent unlawfully failed to
honor or even respond to the Union's request for relevant bargaining in-
formation 3 months after the Union 's certification on 19 September 1986
To return the parties to the status quo ante , we shall extend the Union's
certification year by a 9-month penod , a penod equal to the remaining
portion of the certification year when interrupted by the Respondent's
unlawful conduct . General Electric Co, 163 NLRB 198, 199 (1967), enfd
400 F.2d 713 (5th Ctr 1968). We deny as unnecessary here the General
Counsel 's request for a visitatonal provision in the Order
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain with Local
Union No. 876, United Food and Commercial
Workers International Union, AFL-CIO, as the ex-
clusive bargaining representative of the employees
in the bargaining unit, by refusing, on request, to
provide the Union with the requested information.
The bargaining unit is:
MICHIGAN RENT -TO-OWN 1417
All full-time and regular part-time employ-
ees employed by the Employer at its facilities
located in Port Huron , Pontiac , Hazel Park,
Ypsilanti and Lincoln Park ., Michigan ; but ex-
cluding managerial employees, confidential
employees , and supervisors and guards as de-
fined in the Act.
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.
WE WILL, on request, provide the Union the rel-
evant information it requested by the verbal
demand of 2 December 1986 and by letter of 5 De-
cember 1986.
MICHIGAN VIDEO AND TELEVISION,
INC. D/B/A MICHIGAN RENT-To-
OWN