Nicky's Bakery

National Labor Relations Board - Board Decisions

Jan 21, 1981

254 N.L.R.B. 878 (N.L.R.B. 1981)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Borge's Bakery, Inc. d/b/a Nick's Bakery and Local
50, Bakery, Confectionery and Tobacco Work-
ers Union, AFL-CIO. Case 22-CA--9920
January 21, 1981
DECISION AND ORDER
Upon a charge filed on April 21, 1980, by Local
50, Bakery, Confectionery and Tobacco Workers
Union, AFL-CIO, herein called the Union, and
duly served on Borge's Bakery, Inc. d/b/a Nick's
Bakery, herein called Respondent, the General
Counsel of the National Labor Relations Board, by
the Regional Director for Region 22, issued a com-
plaint on June 27, 1980, against Respondent, alleg-
ing that Respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce
within the meaning of Section 8(a)(5) and (1) and
Section 2(6) and (7) of the National Labor Rela-
tions Act, as amended. Copies of the charge and
complaint and notice of hearing before an adminis-
trative law judge were duly served on the parties
to this proceeding.
On October 28, 1980, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment based uponRespondent's fail-
ure to file an answer as required by Section 102.20
of the Board's Rules and Regulations, Series 8, as
amended. Subsequently, on November 6, 1980, 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 Judg-
ment should not be granted. No response was filed.
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 there-
to. 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
Respondent specifically state that, unless an answer
254 NLRB No. 101
to the complaint is filed by Respondent within 10
days of service thereof, "all of the allegations con-
tained in the Complaint shall be deemed to be ad-
mitted to be true and may be so found by the
Board." According to the uncontroverted allega-
tions of the Motion for Summary Judgment, coun-
sel for the General Counsel made several requests
of Respondent to file an answer to the complaint,
but Respondent failed and refused to do so. There-
after, on July 25, 1980, counsel for the General
Counsel notified Respondent's owner and presi-
dent, by certified mail, that unless Respondent filed
an answer to the complaint by the close of business
on August 1, 1980, a Motion for Summary Judg-
ment would be filed. Thereafter, on October 28,
1980, no answer having been filed, counsel for the
General Counsel filed a Motion for Summary
Judgment. Respondent filed no response to the
Motion for Summary Judgment or to the Board's
November 6, 1980, Notice To Show Cause.
As Respondent has not filed an answer within 10
days from the service of the complaint, nor at any
other time, and as no good cause to the contrary
has been shown, in accordance with the rule set
forth above, the allegations of the complaint herein
are deemed to be true and are so found to be true.'
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
Respondent, a New Jersey corporation, is en-
gaged in the wholesale and retail sale of baked
goods, maintaining its principal place of business at
10 Airport Plaza, Hazlet, New Jersey, herein called
the Hazlet bakery. The Hazlet bakery is the only
facility involved in this proceeding. During the cal-
endar year 1979, a representative period, Respon-
dent purchased goods and materials valued in
excess of $50,000 from firms located in the State of
New Jersey which, in turn, purchased those goods
directly from points outside the State of New
Jersey.
We find, on the basis of the foregoing, that Re-
spondent 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.
' Jerry C Wilson. Curtis Wilson and Rodney V Wilson d/b/a Wilson &
Sors, 193 NLRB 35(0 (1971), and cases cited therein
878
NICK'S BAKERY.
II. THE LABOR ORGANIZATION INVOLVED
Local 50 and its predecessor Local 64, Bakery,
Confectionery and Tobacco Workers Union, AFL-
CIO, herein called Local 50, is and has been at all
times material herein, a labor organization within
the meaning of Section 2(5) of the Act.
Ill. THE UNFAIR LABOR PRACTICES
The 8(a)(l) and (5) violations
Respondent is and has been an employer-member
of an employers association which includes several
other bakeries in New Jersey. For a number of
years the members of this Association, including
Respondent, have delegated to the Association the
authority to conduct collective-bargaining negotia-
tions on their behalf and to negotiate a collective-
bargaining agreement covering their respective em-
ployees.
Since 1974, Local 64, and subsequently Local 50,
of the Bakery, Confectionery and Tobacco Work-
ers Union, AFL-CIO, has been the exclusive rep-
resentative of Respondent's employees, including
all ovenmen, mixers, bench hands, and apprentices,
for the purposes of collective bargaining with re-
spect to rates of pay, wages, hours of employment,
and other terms and conditions of employment.
Since February 1980 and at all times material
herein to date, Respondent has refused and contin-
ues to refuse to sign a written agreement embody-
ing rates of pay, wages, hours of employment, and
other terms and conditions of employment agreed
upon between Respondent, through the Associ-
ation, and Local 50.
Accordingly, we find that Respondent has, since
February 1980, and at all times thereafter, refused
to bargain collectively with Local 50 as the exclu-
sive representative of the employees in the appro-
priate unit, and that, by such refusal, Respondent
has engaged in and is engaging in unfair labor prac-
tices 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 Respondent set forth in section
III, above, occurring in connection with its oper-
ations described in section I, above, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and
tend to lead to labor disputes burdening and ob-
structing 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)(5) and (1) of the Act we
shall order that it cease and desist therefrom and
take certain affirmative action designed to effectu-
ate the policies of the Act.
Having found that Respondent refused and con-
tinues to refuse to execute a written collective-bar-
gaining agreement, the terms of which were nego-
tiated and agreed upon by Respondent through the
employers' association of which it has at all perti-
nent times been a member, covering the rates of
pay, wages, hours of employment, and other terms
and conditions of employment between itself and
Local 50, we shall order that Respondent execute
the agreement effective February 1980 and honor
and comply with the terms and conditions of that
agreement with retroactive effect to its effective
date.
CONCLUSIONS OF LAW
I. The Respondent, Borge's Bakery, Inc. d/b/a
Nick's Bakery, is an employer engaged in com-
merce within the meaning of Section 2(6) and (7)
of the Act.
2. Local 50 and its predecessor Local 64, Bakery,
Confectionery and Tobacco Workers Union, AFL-
CIO, is a labor organization within the meaning of
Section 2(5) of the Act.
3. By the acts and conduct described in section
III Respondent has interfered with, restrained, and
coerced employees in the exercise of rights guaran-
teed in Section 7 of the Act and thereby has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) and (1) of the
Act.
4. The aforesaid unfair labor practices are unfair
labor practices affecting commerce 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 Re-
lations Board hereby orders that the Respondent,
Borge's Bakery, Inc. d/b/a Nick's Bakery, Hazlet,
New Jersey, its officers, agents, successors, and as-
signs, shall:
1. Cease and desist from:
(a) Refusing to execute the collective-bargaining
agreement between itself and Local 50, the terms
of which have been negotiated and agreed upon by
Respondent's employers association and Local 50.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
879
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ercise 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) Upon request by the Union, Local 50, ex-
ecute the collective-bargaining agreement effective
February 1980 negotiated by the employers associ-
ation and the Union, and honor and comply with
the terms and conditions of that agreement with
retroactive effect to its effective date.
(b) Post at its premises in Hazlet, New Jersey,
copies of the attached notice marked "Appendix." 2
Copies of said notice, on forms provided by the
Regional Director for Region 22, 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, de-
faced, or covered by any other material.
2 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 Pursu-
ant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board."
(c) Notify the Regional Director for Region 22,
in writing, within 20 days from the date of this
Order, what steps have been taken to comply here-
with.
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 execute the collec-
tive-bargaining agreement negotiated between
Local 50, Bakery, Confectionery and Tobacco
Workers Union, AFL-CIO, and the employers
association to which we belong.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employ-
ees in the exercise of the rights guaranteed
them by Section 7 of the Act.
WE WILL, upon request, execute the collec-
tive- bargaining agreement negotiated between
Local 50 and ourselves and give retroactive
effect to the effective date of the contract of
all rates of pay, wages, hours of employment,
and other terms and conditions of employment
due our employees thereunder.
BORGE'S BAKERY, INC. D/B/A NICK'S
BAKERY
880