Operating Engineers, Local Union No. 542

National Labor Relations Board - Board Decisions

Feb 11, 1980

247 N.L.R.B. 1001 (N.L.R.B. 1980)

OPERATING ENGINEERS, LOCAL UNION NO. 542
Local Union No. 542, International Union of Operat-
ing Engineers, AFL-CIO and James Julian, Inc.
Case 4-CB-3807
February 11, 1980
DECISION AND ORDER
BY MEMBERS JENKINS, PENELLO, AND
TRUESDALE
Upon a charge filed on June 28, 1979, by counsel for
the General Counsel and duly served on Local Union
No. 542, International Union of Operating Engineers,
AFL-CIO, herein called Respondent Union, the
General Counsel of the National Labor Relations
Board, by the Regional Director for Region 4, issued a
complaint and notice of hearing on July 26, 1979,
against Respondent Union, alleging that Respondent
Union had engaged in and was engaging in unfair
labor practices affecting commerce within the mean-
ing of Section 8(b)(1)(A) and Section 2(6) and (7) of
the National Labor Relations Act, as amended. Copies
of the charge and complaint and notice of hearing
before an administrative law judge were duly served
on the parties to this proceeding. Respondent Union
failed to file an answer to the complaint.
On December 6, 1979, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment and for issuance of a Board
Decision and Order, with exhibits attached. Subse-
quently, on December 11, 1979, 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 grant-
ed. Respondent did not file a response to the Notice
To Show Cause and therefore the allegations in the
Motion for Summary Judgment stand uncontroverted.
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
Section 102.20 of the Board's Rules and Regula-
tions, 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
explaiin each of the facts alleged in the complaint,
unless the respondent is without knowledge, in
which case the respondent shall so state, such
247 NLRB No. 133
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 admit-
ted 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 Union herein specifically states that,
unless an answer to the complaint is filed 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." As noted above,
Respondent Union has failed to file an answer to the
complaint and has failed to file a response to the
Notice To Show Cause. Accordingly, under the rule
set forth above, no good cause having been shown for
the failure to file a timely answer, the allegations of
the complaint are deemed admitted and are found to
be true, and, inasmuch as no response to the Notice
To Show Cause has been made, the Motion for
Summary Judgment stands uncontroverted. We grant
the General Counsel's Motion for Summary Judg-
ment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
James Julian, Inc., herein referred to as the Employ-
er, is, and has been at all times material herein, a
Delaware corporation engaged in the construction
business with its principal office located in Wilming-
ton, Delaware. During the past year, James Julian,
Inc., in the course and conduct of its business
operations, performed services valued in excess of
$50,000 directly outside the State of Delaware.
We find, on the basis of the foregoing, that James
Julian, Inc., 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.
11. THE LABOR ORGANIZATION INVOLVED
Local Union No. 542, International Union of
Operating Engineers, AFL-CIO, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
-
1001
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE UNFAIR LABOR PRACTICES
On or about June 26, 1979, and continuing until on
or about July 16, 1979, Respondent Union picketed
the Employer's jobsite in New Castle County, Dela-
ware. In connection with such picketing, Respondent
Union, its agents and representatives, assaulted em-
ployees of the Employer and damaged vehicles which
said employees were driving to the jobsite, and
blocked the ingress and egress of the Employer's
employees to and from the Employer's jobsite.
Accordingly, we find that by such actions Respon-
dent Union has engaged in unfair labor practices
within the meaning of Section 8(b)(l)(A) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent Union set forth in
section Ill, above, occurring in connection with the
operations 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 commerce.
v. THE REMEDY
Having found that Respondent Union has engaged
in and is engaging in unfair labor practices within the
meaning of Section 8(b)(l)(A) of the Act, we shall
order that it cease and desist therefrom and take
affirmative action designed to effectuate the policies of
the Act.
The Board, upon the basis of the foregoing facts and
the entire record, makes the following:
CONCLUSIONS OF LAW
1. James Julian, Inc., is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. Local Union No. 542, International Union of
Operating Engineers, AFL-CIO, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
3. By the acts described in section II, above,
Respondent Union has restrained and coerced, and is
restraining and coercing, employees in the exercise of
the rights guaranteed 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(b)(l)(A) 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.
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent
Union, Local Union No. 542, International Union of
Operating Engineers, AFL-CIO, its officers, agents,
and representatives, shall:
1. Cease and desist from:
(a) Restraining or coercing employees of James
Julian, Inc., by any of the following conduct which
tends to discourage employees in the exercise of the
rights guaranteed them in Section 7 of the Act:
assaulting employees of James Julian, Inc.; damaging
vehicles driven by employees to the jobsite of James
Julian, Inc.; and blocking the ingress and egress of
employees to the jobsite of James Julian, Inc., in any
way.
(b) In any like or related manner restraining 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 the office of Local Union No. 542,
International Union of Operating Engineers, AFL-
CIO, copies of the attached notice marked "Appen-
dix."' Copies of said notice, on forms provided by the
Regional Director for Region 4, after being duly
signed by Respondent Union's representative, shall be
posted by Respondent Union immediately upon re-
ceipt thereof, and be maintained by it for 60 consecu-
tive days thereafter, in conspicuous places, including
all places where notices to members are customarily
posted. Reasonable steps shall be taken by Respondent
Union to insure that said notices are not altered,
defaced, or covered by any other material.
(b) Mail to the Regional Director for Region 4
signed copies of the said notice for posting, if James
Julian, Inc., is willing, at its New Castle County,
Delaware, location in places where notices to employ-
ees are customarily posted.
(c) Notify the Regional Director for Region 4, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
' In the event that this Order is enforced by a Judgment of a United States
Court of Appeals. the words in 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."
ORDER
1002
OPERATING ENGINEERS, LOCAL UNION NO. 542
APPENDIX
NOTICE To EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT restrain or coerce the employees
of James Julian, Inc., in the exercise of their
rights to engage in, or to refrain from engaging in,
protected concerted activities, such rights being
guaranteed by Section 7 of the National Labor
Relations Act, as amended, by assaulting those
employees, damaging vehicles driven to the James
Julian, Inc., jobsite by those employees, or by
blocking the ingress or egress of those employees
to the James Julian, Inc., jobsite, in any way.
WE WILL NOT in any like or related manner
restrain or coerce the employees of James Julian,
Inc., in the exercise of the rights guaranteed them
in Section 7 of the Act.
LOCAL UNION No. 542, INTERNATIONAL
UNION OF OPERATING ENGINEERS, AFL-
CIO
1003