Princess Pastries

National Labor Relations Board - Board Decisions

Dec 10, 1986

282 N.L.R.B. 399 (N.L.R.B. 1986)

PRINCESS PASTRIES
AbdulIah F. Dirani d/b/a Princess Pastries and
Bakery, Confectionery and Tobacco Workers
International Union, Dx;al 12, AFL-CIO. Case
6-CA-19168
10 December 1986
DECISION AND ORDER
BY CHAIRMAN DOTsoN AND MEMBERS
BABSON AND STEPHENS
Upon a charge filed, by the Union 5 June 1986,
and a first amended charge filed 25 July 1986, the
General Counsel of the National Labor Relations
Board issued a complaint and notice of hearing 30
July 1986 against the Company, the Respondent,
alleging that it has violated Sections 8(a)(1) and (5)
and 8(d) of the National Labor -Relations Act. Al-
though properly served copies of the charge,
amended charge, and complaint, the Company has
failed to file an answer.'
On 10 September 1986 the General Counsel filed
a Motion for Summary Judgment, with exhibits at-
tached. On 11 September 1986 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 Company filed no response.
The allegations in the motion are therefore undis-
puted.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary 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 10 days from service of the complaint,
unless good cause is shown. The complaint states
that unless an answer is filed within 10 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 Summary Judgment dis-
close that the Regional Attorney for Region 6, by
letter dated 25 August 1986, notified the Company
that unless an answer was received by the close of
business on the third business day following receipt
of the letter or unless an extension of time for filing
an answer was granted, a Motion for Summary
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 Summary Judgment.
On the entire 'record, the Board makes the fol-
lowing
FINDINGS OF FACT
399
I. JURISDICTION
The Company is engaged in the` operation of a
retail bakery at its facility in New Kensington,
Pennsylvania. The Company commenced its oper-
ations about 14 April 1986. Based on a projection
of its operations since that time the Company will
annually, derive gross revenues in excess of
$500,000 and will purchase and receive at its New
Kensington, Pennsylvania facility products, goods,
and materials in excess of $50,000 directly from
points outside the Commonwealth of Pennsylvania.
We find that the'Company is an employer engaged
in commerce within the meaning of Section 2(6)
and (7) of the Act- and that the Union is a labor or-
ganization within the meaning of Section 2(5) of
the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
From about 1966 to about 13 April 1986, Prin-
cess Pastries, Inc., a Pennsylvania corporation with
an office and place of business in New Kensington,
Pennsylvania, was engaged in the operation of a
retail bakery. On 2, July 1979, the Bakery, Confec-
tionery and Tobacco Workers International Union,
Local 12, AFL-CIO (the Union) was certified as
the exclusive bargaining representative for the fol-
lowing employees of Princess Pastries, Inc.:
All employees employed by Princess Pastries,
Inc. at its New Kensington, Pennsylvania, fa-
cility, including bakers, bakers' helpers, bench
hands, icers and sanitation employees; exclud-
ing all sales clerks, truckdrivers, office clerical
employees and guards, professional employees
and supervisors as defined in the Act.
At, all times material herein and until 13 April
1986, the Union was the exclusive representative of
the employees in the above unit. About 14 April
1986 the Respondent purchased the assets, name,
and good will of Princess Pastries, Inc., including
the equipment, supplies, and materials, and since
that date has been engaged in the same business op-
erations, at a nearby location, selling the same
products to substantially the same customers, and
has as a majority of its employees individuals who
were previously employees of Princess Pastries,
Inc. The Respondent has continued the' employing
entity and is a successor of Princess Pastries, Inc.
The following employees of the Respondent con-
stitute a unit appropriate for the purpose of collec-
tive bargaining within the meaning of Section 9(b)
of the Act:
All employees employed by the Respondent at
its 925 Fourth Avenue, New Kensington,
282 NLRB No. 49
400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pennsylvania, facility, including bakers, bakers'
helpers, bench hands, icers and sanitation em-
ployees; excluding all sales clerks, truckdriv-
ers, office clerical employees and guards, pro-
fessional employees and supervisors as defined
in the Act.
Since about 14 'April 1986, and at all times mate-
rial herein, the Union has been and is the exclusive
bargaining representative of the above unit for the
purpose of collective bargaining with respect to
rates of pay, wages, hours of employment, and
other terms and conditions of employment.
About 4 June and 13 June 1986, the Union, by
letter, requested the Respondent to bargain collec-
tively with it as the exclusive representative of the
employees in the above unit. Since 13 June 1986,
the Respondent has failed and refused to recognize
and bargain with the Union as the exclusive bar-
gaining representative of its employees in the unit.
CONCLUSIONS OF LAW
1. _By failing and refusing to recognize and bar-
gain with the Union as the exclusive bargaining
representative of its employees in the unit, the
Company has engaged in unfair labor practices
within the meaning of Sections 8(a)(1) and (5) and
8(d) of the Act.
2. The unfair labor practices of the Respondent
described above affect commerce within the mean-
ing of Section 2(6) and (7) of the Act.
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. Having found that the Respondent unlawfully
failed and refused to recognize and bargain with
the Union as the exclusive bargaining 'representa-
tive of the employees in the above unit, we shall
order that the Respondent recognize and bargain
on request with the Union.'
ORDER
The National Labor Relations Board orders that
the Respondent, Abdullah F. Dirani d/b/a Princess
Pastries, New Kensington, Pennsylvania, its offi-
cers, agents, successors, and assigns, shall
1. Cease and desist from
1 The General Counsel requests a visitatonal clause authorizing the
Board, for compliance purposes , to obtain discovery from the Respond-
ent under the Federal Rules of Civil Procedure under the supervision of
the United States Court of Appeals enforcing this Order. Under the cir-
cumstances of this case , we find it unnecessary to include such a clause.
Accordingly , we deny the General Counsel 's request.
(a) Failing and refusing to bargain with Bakery,
Confectionery and Tobacco Workers International
Union, Local 12, AFL-CIO as the exclusive bar-
gaining representative of the employees in the bar-
gaining unit set forth below.
(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, bargain with the Union as the ex-
clusive representative of the employees in the fol-
lowing appropriate unit on terms and conditions of
employment and, if an understanding is reached,
embody the understanding in a signed agreement:
All employees employed by the Respondent at
its 925 Fourth Avenue, New Kensington,
Pennsylvania, facility, including bakers, bakers'
helpers, bench hands, icers and sanitation em-
ployees; excluding all sales clerks, truckdriv-
ers, office clerical employees and guards, pro-
fessional employees and supervisors as defined
in the Act.
(b) Post at its facility in New Kensington, Penn-
sylvania, copies of the attached notice, marked
"Appendix."2 Copies of the notice, on forms pro-
vided by the Regional Director for Region 6, after
being signed by the Respondent's authorized repre-
sentative, shall be posted by the Respondent imme-
diately upon receipt and maintained for 60 consec-
utive days in conspicuous places including all
places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent 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.
2 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
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
PRINCESS PASTRIES
WE WILL NOT fail and refuse to bargain collec-
tively concerning rates of pay , wages, hours, and
other terms and " conditions of employment with
Bakery, Confectionery and Tobacco Workers
International Union, Local 12, AFL-CIO as the
exclusive bargaining , representative of the employ-
ees in the bargaining unit described below.
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, bargain with the ' Union
and put in writing and sign any agreement reached
401
on terms and conditions of employment for our
employees in the bargaining unit:
All employees employed by us at our 925
Fourth Avenue, New Kensington , Pennsylva-
nia, facility, including bakers, bakers' helpers,
bench hands, icers and sanitation employees;
excluding all sales clerks, truckdrivers , office
clerical employees and guards, professional
employees and supervisors as defined in the
Act.
ADBULLAH F. DIRANI D/B/A PRIN-
CESS PASTRIES