Quaker Rubber Co.

National Labor Relations Board - Board Decisions

Mar 28, 1986

279 N.L.R.B. 4 (N.L.R.B. 1986)

4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Quaker Rubber Company and Teamsters Union
Local No. 115. Cases 4-CA-15167-4 and 4-
CA-15167-5
28 March 1986
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS AND BABSON
Upon a charge filed by the Union 10 September
1985 and 1 October 1985,1 the General Counsel of
the National Labor Relations Board issued a con-
solidated complaint 23 October against the Compa-
ny, the Respondent , alleging that it has violated
Section 8(a)(1) of the National Labor Relations
Act. Although properly served copies of the
charges and consolidated complaint, the Company
has failed to file an answer.
On 16 January 1986 the General Counsel filed a
Motion for Summary Judgment. On 24 January
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 undisputed.
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 of the allegations in the Consolidated
Complaint shall be deemed to be admitted to be
true and may be so found by the Board." Further,
the undisputed allegations in the Motion for Sum-
mary Judgment disclose that the General Counsel,
by letter dated 12 December, notified the Company
that unless an answer was received by 3 January
1986, 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 Judg-
ment.2
On the entire record, the Board makes the fol-
lowing
' All dates refer to 1985 unless otherwise noted.
8 The General Counsel 's request for a visitatonal provision in the
Order is denied
FINDINGS OF FACT
1. JURISDICTION
The Company, a Pennsylvania corporation, is en-
gaged in the manufacture of escalator handrails at
its facility in Philadelphia, Pennsylvania, where in
the past year, a representative period , it sold and
shipped goods valued in excess of $50,000 directly
to points outside the Commonwealth of Pennsylva-
nia. We find that the Company is an employer en-
gaged in commerce within the meaning of Section
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
On 28 June the Respondent's empolyees began a
strike , accompained by picketing , which was con-
tinuing at the time the complaint issued . On 4 Sep-
tember, the Respondent's president, C. E. Bellew,
struck a picketing employee with his automobile
near a gate to the Respondent's facility. On 13 Sep-
tember Bellew drove an automobile toward strik-
ing employees and union representatives who were
congregated near a gate of the facility and stopped
short of hitting them. He then threatened them
with unspecified reprisals. On 30 September Bellew
blocked the movement of vehicles, including auto-
mobiles, being driven by employees and a union
picket, wove in and out of traffic in an attempt to
force the vehicles out of their lanes and off the
roadways, cut in front of the vehicles, and side-
swiped one of the cars being driven by a union
picket. These acts occurred on Tacony Street and
Interstate 95 in Philadelphia, Pennsylvania. Later
that day, Bellew brandished an iron pipe at striking
employees while approaching them near the facili-
ty.
We find that the Respondent, by striking a pick-
eting employee with an automobile; by driving an
automobile toward striking employees and union
representatives and threatening them with unspeci-
fied reprisals; by blocking the movement of em-
ployees' and union pickets' vehicles on roadways;
by attempting to run these vehicles off the road; by
sideswiping a union picket's car; and by brandish-
ing an iron pipe at striking employees, has violated
Section 8(a)(1) of the Act.
CONCLUSIONS OF LAW
By striking a picketing employee with an auto-
mobile; by driving an automobile toward striking
employees and union representatives and threaten-
ing them with unspecified reprisals; by blocking the
movement of vehicles being driven by employees
and union pickets; by attempting to run these vehi-
279 NLRB No. 3
QUAKER RUBBER CO.
Iles off the road ; by sideswiping a union picket's
car; and by brandishing an iron pipe at striking em-
ployees, the Company has engaged un unfair labor
practices affecting 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 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.
ORDER
The National Labor Relations Board orders that
the Respondent, Quaker Rubber Co., Philadelphia,
Pennsylvania, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Striking picketing employees with an automo-
bile.
(b) Driving an automobile toward striking em-
ployees and union representatives and threatening
them with unspecified reprisals.
(c) Blocking the movement of employees' and
union pickets' vehicles on roadways, attempting to
run these vehicles off the road, and sideswiping a
union picket's car.
(d) Threatening striking employees by brandish-
ing an iron pipe at them.
(e) 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) Post at its facility in Philadelphia, Pennsylva-
nia, copies of the attached notice marked "Appen-
dix."3 Copies of the notice, on forms provided by
3 If this Order is enforced by a judgment of a United States court of
appeals, the words m the notice reading "Posted by Order of the Nation-
al Labor Relations Board" shall read "Posted Pursuant to a Judgment of
5
the Regional Director for Region 4, after being
signed by the Respondent 's authorized representa-
tive , shall be posted by the Respondent immediate-
ly upon receipt 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 altered, defaced,
or covered by any other material.
(b) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
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 ordered us to post and abide by this notice.
WE WILL NOT strike picketing employees with
an automobile.
WE WILL NOT drive an automobile toward strik-
ing employees and union representatives or threat-
en them with reprisals.
WE WILL NOT block the movement of vehicles
being driven by employees and union pickets,
weave in and out of traffic in an attempt to run
these vehicles out of their lanes and off the road,
cut in front of these vehicles, or sideswipe these
vehicles.
WE WILL NOT threaten employees with a pipe.
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.
QUAKER RUBBER COMPANY