Mr. Trailers Ltd.

National Labor Relations Board - Board Decisions

Mar 13, 1975

216 N.L.R.B. 1027 (N.L.R.B. 1975)

MR. TRAILERS LTD. 1027
Mr. Trailers Ltd. and Shopmen's Local Union No.
455, International Association of Bridge,
Structural and Ornamental Iron Workers,
AFL-CIO. Case 29-CA-3905
March 13, 1975
DECISION AND ORDER
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
Upon a charge filed on June 24, 1974, by
Shopmen's Local Union No. 455, International
Association of Bridge, Structural and Ornamental
Iron Workers, AFL-CIO, herein called the Union,
and duly served on Mr. Trailers Ltd., herein called
the Respondent, the General Counsel of the National
Labor Relations Board, by the Regional Director for
Region 29, issued a complaint on August 30, 1974,
against Respondent , alleging that Respondent had
engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of
Section 8(a)(1) and (3) and Section 2(6) and (7) of the
National Labor Relations Act, as amended. Copies
of the charge , complaint , and notice of hearing
before an Administrative Law Judge were duly
served on the parties to this proceeding.
With respect to the unfair labor practices, the
complaint alleges in substance that Respondent (1)
violated Section 8(a)(1) of the Act by interrogating
employees concerning their union activity and
creating the impression of surveillance of the Union's
activities and employees' Section 7 activities, and (2)
violated Section 8(a)(3) of the Act by discriminatori-
ly discharging two employees and failing and
refusing to reinstate them to their former or
substantially equivalent positions of employment.
Although duly served, Respondent has not filed an
answer to the complaint.
On October 8, 1974, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment based on Respondent's failure
to file an answer to the complaint . Subsequently, on
October 30, 1974, 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.
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
Rule 102.20 of the Board's Rules and Regulations,
Series 8, as amended , provides:
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
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
admitted 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 herein specifically states that unless an
answer is filed within 10 days of service thereof "all
the allegations in the complaint shall be deemed to
be admitted by it to be true and any may be so found
by the Board." According to the Motion for
Summary Judgment, the Regional Director, on
October 4, 1974, sent Respondent a letter to its
officials' home address notifying it that an answer
had not been received. That letter was returned
marked "refused." The Regional Director certified
that as of October 8, 1974, an answer had not been
received; nor has there been a response to the Notice
To Show Cause. Therefore, the allegations of the
Motion for Summary Judgment stand uncontrovert-
ed.
In view of the Respondent's failure to answer, and
no other good or other cause having been shown
therefor, the uncontroverted allegations of the
complaint are deemed 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
Mr. Trailers Ltd., a New York corporation with
its principal office and place of business at 110
I The Motion for Summary Judgment alleges that the Respondent
moved from its business address , leaving no forwarding address , and alleges
the home address of company officials. The complaint and notice of hearing
was sent to the home address where it was received.
216 NLRB No. 181
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mahan Street, West Babylon, New York, was, at all
times material herein, engaged in the manufacture,
sale, and distribution of horse trailers and related
products. During the 12-month period preceding
issuance of the complaint, Respondent, in the course
and conduct of its business operations, manufac-
tured, sold, and distributed at its place of business
products valued in excess of $50,000 of which
products valued in excess of $50,000 were transport-
ed in interstate commerce.
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
Shopmen's Local Union No. 455, International
Association of Bridge , Structural and Ornamental
Iron Workers , AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Independent 8(a)(1) Violations
On or about June 18 , 1974, Respondent , by Martin
Borg, its secretary and agent, interrogated employees
concerning their membership in and activities on
behalf of the Union and created the impression of
surveillance of the activities of the Union and the
concerted activities of its employees conducted for
the purpose of collective bargaining and other
mutual aid and protection.
B. The 8(a)(3) Violations
On or about June 19, 1974, Respondent discharged
its employees Alvin Morgan and Nicholas Raia and
has since that time failed and refused to reinstate or
offer to reinstate said employees to their former or
substantially equivalent positions of employment
because said employees joined and assisted the
Union and engaged in other concerted activity for
the purpose of collective bargaining and mutual aid
and protection.
Accordingly, we find that by the aforesaid conduct
found above Respondent has interfered with, re-
strained, and coerced its employees in the exercise of
rights guaranteed them under Section 7 of the Act,
and has discriminated in regard to the hire and
tenure and terms and conditions of employment of
its employees, thereby discouraging membership in a
labor organization, and thereby has engaged in
unfair labor practices affecting commerce within the
meaning of Section 8(a)(1) and (3) and Section 2(6)
and (7) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of 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 com-
merce.
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(1) and (3) of the Act, we
shall order that it cease and desist therefrom and
take certain affirmative action designed to effectuate
the policies of the Act.
We have found that Respondent committed unfair
labor practices by interfering with the rights guaran-
teed employees by Section 7 of the Act, and, under
the circumstances herein, we shall order them to
cease and desist therefrom in any other manner.
We have also found the Respondent discriminato-
rily discharged and failed and refused to reinstate the
discriminatees, employees Alvin Morgan and Nicho-
las Raia, to their former or substantially equivalent
positions, and we shall order that said employees be
offered reinstatement to their former or substantially
equivalent positions, or, if Respondent is no longer in
business, offer reinstatement to said employees at
any location to which it has reestablished or does
reopen its business. We shall also order that
Respondent make said employees whole for any loss
of pay suffered because of the discrimination against
them. Backpay shall be based upon the earnings they
normally would have received from the date of their
discharge to the date Respondent offers reinstate-
ment if Respondent has reestablished or does reopen
its business at any location; or, if Respondent has
not reestablished its business, the backpay liability
will run from the date the discriminatees were
discharged to the date that Respondent would
normally have terminated such employees when it
terminated or liquidated its business 2 as determined
by compliance. The backpay shall be computed on
the basis set forth in F. W. Woolworth Company, 90
NLRB 289 (1950), and Isis Plumbing & Heating Co.,
138 NLRB 716 (1962). In view of the circumstances
2 Master Engineering Corp., 215 NLRB No. 71 (1974).
MR. TRAILERS LTD.
herein , we shall also order that the Respondent mail
copies of the notice , marked "Appendix" hereinafter,
to the Union and all employees employed by it
during 1974 at their last known addresses, and if the
Respondent has reestablished or does reopen its
business at any location it shall also post the notice.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Mr. Trailers Ltd. is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. Shopmen 's Local Union No. 455, International
Association of Bridge , Structural and Ornamental
Iron Workers , AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
3. By the acts described in section III, above,
Respondent has interfered with, restrained , coerced,
and discriminated against employees in the exercise
of the rights guaranteed to them in Section 7 of the
Act, and thereby has engaged in and is engaging in
unfair labor practices within the meaning of Section
8(a)(1) and (3) 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
Relations Board hereby orders that the Respondent,
Mr. Trailers Ltd., West Babylon, New York, its
officers, agents, successors, and assigns , shall:
1. Cease and desist from:
(a) Interrogating its employees concerning their
membership in, activities on behalf of, and sympathy
for Shopmen's Local Union No. 455, International
Association of Bridge, Structural and Ornamental
Iron Workers, AFL-CIO, or any other labor organi-
zation.
(b) Creating the impression of surveillance of the
activities of Shopmen's Local Union No. 455,
International Association of Bridge , Structural and
Ornamental Iron Workers, AFL-CIO, or any other
labor organization , or the concerted activities of its
employees conducted for the purpose of collective
bargaining and other mutual aid and protection.
(c) Discharging employees and failing and refusing
to reinstate , or offer to reinstate , employees to their
former or substantially equivalent positions of
employment because they join or assist Shopmen's
Local Union No. 455, International Association of
Bridge , Structural and Ornamental Iron Workers,
AFL-CIO, or any other labor organization, or
1029
engage in other concerted activity for the purpose of
collective bargaining and mutual aid and protection.
(d) In any other manner interfering with, restrain-
ing, or coercing its 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) Offer to reinstate Alvin Morgan and Nicholas
Raia to their former jobs or, if those positions no
longer exist, to substantially equivalent positions,
without prejudice to their seniority or other rights
and privileges at any location where its business is
reestablished or reopened.
(b) Make whole employees Alvin Morgan and
Nicholas Raia for losses they suffered by reason of
the discrimination against them as set forth in the
section of this Decision entitled "The Remedy."
(c) Preserve and, upon request, make available to
the Board or its agents, for examination and copying,
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 reestablished or reopened operation
copies of the attached notice marked "Appendix." 3
Copies of said notice, on forms provided by the
Regional Director for Region 29, 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 thereafter, in conspicuous places, including all
places where notices to employees are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered,
defaced, or covered by any other material.
(e) Mail copies of the aforesaid notice to Shop-
men's Local Union No. 455, International Associa-
tion of Bridge, Structural and Ornamental Iron
Workers, AFL-CIO, and all employees employed by
Respondent during 1974 at their last known address-
es. Copies of said notice after being duly signed by
Respondent's representative will be provided by the
Regional Director for Region 29.
(f) Notify the Regional Director for Region 29, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
3 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."
1030 DECISIONS OF NATIONAL
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT interrogate our employees con-
cerning their membership in, activities on behalf
of, and sympathy for Shopmen's Local Union
No. 455, International Association of Bridge,
Structural and Ornamental Iron Workers,
AFL-CIO, or any other labor organization.
WE WILL NOT create the impression of surveil-
lance of the activities of Shopmen's Local Union
No. 455, International Association of Bridge,
Structural and Ornamental Iron Workers,
AFL-CIO, or any other labor organization, or the
concerted activities of our employees conducted
for the purpose of collective bargaining and other
mutual aid and protection.
WE WILL NOT discharge employees and fail and
refuse to reinstate, or offer to reinstate , employees
to their former or substantially equivalent posi-
LABOR RELATIONS BOARD
tions of employment because they join or assist
Shopmen's Local Union No. 455, International
Association of Bridge, Structural and Ornamental
Iron Workers, AFL-CIO, or any other labor
organization , or engage in other concerted activi-
ty for the purpose of collective bargaining and
mutual aid and protection.
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the
exercise of the rights guaranteed them in Section
7 of the National Labor Relations Act.
WE WILL offer to reinstate Alvin Morgan and
Nicholas Raia to their former jobs or, if those
jobs no longer exist, to substantially equivalent
positions without prejudice to their seniority or
other rights and privileges at any location where
our business is reestablished or will be reopened.
WE WILL make whole employees Alvin Morgan
and Nicholas Raia for losses they suffered by
reason of the discrimination against them.
MR. TRAILERS LTD.