Oceania Towel & Linen Service

National Labor Relations Board - Board Decisions

Sep 26, 2002

338 N.L.R.B. 10 (N.L.R.B. 2002)

1
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex­
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Oceania Towel & Linen Service, Inc. and Union of
Needletrades, Industrial and Textile Employees,
AFL–CIO–CLC. Case 29–CA–24552
September 26, 2002
DECISION AND ORDER
BY MEMBERS LIEBMAN, COWEN, AND BARTLETT
The General Counsel seeks summary judgment in this
case on the ground that the Respondent has failed to file
an answer to the complaint. Upon a charge filed by Un­
ion of Needletrades, Industrial and Textile Employees,
AFL–CIO–CLC (the Union) on October 23, 2001, the
General Counsel issued the complaint on January 28,
2002, against Oceania Towel & Linen Service, Inc., the
Respondent, alleging that it has violated Section 8(a)(1)
of the Act. The Respondent failed to file an answer.
On March 25, 2002, the General Counsel filed a Mo­
tion for Summary Judgment with the Board. On March
28, 2002, the Board issued an order transferring the pro­
ceeding 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.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide 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. In addition, the complaint affirmatively notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Further, the undisputed allegations in the Mo­
tion for Summary Judgment disclose that the Region, by
letter and facsimile transmission dated February 13,
2002, notified the Respondent that unless an answer was
received by February 15, 2002, a Motion for Summary
Judgment would be filed.
In the absence of good cause being shown for the fail­
ure to file a timely answer, we grant the General Coun­
sel’s Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a domestic cor­
poration with its principal office and place of business
located at 1449 Richmond Terrace, Staten Island, New
York, has been engaged in providing industrial laundry
services to other entities.
During the 12-month period preceding the issuance of
the complaint, the Respondent, in the course and conduct
of its business operations, purchased and received at its
Staten Island facility, textiles, goods, products, and mate-
rials worth in excess of $50,000 directly from other en­
terprises, including Zecron Textiles, Inc. and O.K. Uni­
forms, Inc., which entities are directly engaged in inter-
state commerce. We find that the Respondent is an em­
ployer engaged in commerce within the meaning of Sec­
tion 2(2), (6), and (7) of the Act, and that the Union is a
labor organization within the meaning of Section 2(5) of
the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals held
the positions set forth opposite their names and have
been supervisors of the Respondent within the meaning
of Section 2(11) of the Act, and agents of the Respondent
acting on its behalf:
Todd Pincus President
Angelo Cruz Manager
On about October 17, 2001, the Respondent, by Pincus
and Cruz, at a deli located across the street from the Re­
spondent’s facility, in the presence of employees:
(1) threatened employees and union organizers
with physical harm;
(2) disparaged and uttered profanities at union
organizers;
(3) kicked a door off its hinges in the direction of
union organizers; and
(4) attempted to assault union organizers with
lead pipes.
CONCLUSION OF LAW
By the acts described above, the Respondent has inter­
fered with, restrained, and coerced employees in the ex­
ercise of the rights guaranteed in Section 7 of the Act,
and has thereby engaged in unfair labor practices affect­
ing commerce within the meaning of Section 8(a)(1) and
Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer­
tain 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. Specifically, having
found that the Respondent has violated Section 8(a)(1) of
the Act, we shall order the Respondent to post at its place
of business for 60 days a notice to employees stating that
it will not (a) threaten employees and union organizers
338 NLRB No. 10
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
with physical harm; (b) disparage and utter profanities at
union organizers in the presence of employees; (c) kick a
door off its hinges in the direction of union organizers in
the presence of employees; and (d) attempt to assault
union organizers with lead pipes in the presence of em­
ployees.
ORDER
The National Labor Relations Board orders that the
Respondent, Oceania Towel & Linen Service, Inc.,
Staten Island, New York, its officers, agents, successors,
and assigns, shall
1. Cease and desist from
(a) Threatening employees and union organizers with
physical harm.
(b) Disparaging and uttering profanities at union or­
ganizers in the presence of employees.
(c) Kicking a door off its hinges in the direction of un­
ion organizers in the presence of employees.
(d) Attempting to assault union organizers with lead
pipes in the presence of employees.
(e) In any like or related manner interfering with, re-
straining, or coercing employees in the exe rcise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Within 14 days after service by the Region, post at
its facility in Staten Island, New York, copies of the at­
tached notice marked “Appendix.”1 Copies of the notice,
on forms provided by the Regional Director for Region
29, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
are customarily posted. Reasonable steps shall be taken
by the Respondent to ensure that the notices are not al­
tered, defaced, or covered by any other material. In the
event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed the facil­
ity involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no­
tice to all current employees and former employees em­
ployed by the Respondent at any time since October 17,
2001.
(b) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
1 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 Na­
tional Labor Relations Board” shall read “Posted Pursuant to a Judg­
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. September 26, 2002
Wilma B. Liebman, Member
William B. Cowen, Member
Michael J. Bartlett, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

NATIONAL LABOR RELATIONS BOARD

An Agency of the United States Government

The National Labor Relations Board has found that we vio­
lated the Federal labor law and has ordered us to post and
obey by this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist any union
Chose representatives to bargain with us on your
behalf
Act together with other employees for your bene­
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT threaten our employees and union organ­
izers with physical harm.
WE WILL NOT disparage and utter profanities at union
organizers in the presence of employees.
WE WILL NOT kick a door off its hinges in the direction
of union organizers in the presence of employees.
WE WILL NOT attempt to assault union organizers with
lead pipes in the presence of employees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exe rcise of the rights
guaranteed you by Section 7 of the Act.
OCEANIA TOWEL & LINEN SERVICE, INC.