Renzenberger, Inc.

National Labor Relations Board - Board Decisions

Apr 5, 2001

333 N.L.R.B. 106 (N.L.R.B. 2001)

333 NLRB No. 106
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.
Renzenberger, Inc. and United Transportation Union
Local Union No. 1670. Case 15–CA–15735
April 5, 2001
DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS LIEBMAN AND
WALSH
On a charge filed by the Union on February 18, 2000,
and an amended charge filed on May 30, 2000, the Ge n-
eral Counsel of the National Labor Relations Board is-
sued a complaint on May 31, 2000, against Renzenber-
ger, Inc., the Respondent, alleging that it has violated
Section 8(a)(1) and (3) of the National Labor Relations
Act. Subsequently, on June 7, 2000, the Respondent
filed an answer to the complaint. On January 4, 2001,
however, the Respondent withdrew its answer.
On March 5, 2001, the Acting General Counsel filed a
Motion for Default Summary Judgment with the Board.
On March 6, 2001, 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 Respondent
filed no response. The allegations in the motion are
therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Default 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 Default Summary Judgment disclose that the
Respondent, by letter dated January 4, 2001, withdrew its
answer to the complaint. Such a withdrawal has the
same effect as a failure to file an answer, i.e., the allega-
tions in the complaint must be considered to be admitted
to be true.1
Accordingly, based on the withdrawal of the Respon-
dent’s answer to the complaint, we grant the Acting Ge n-
eral Counsel’s Default 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 Kansas corpo-
ration, with a jobsite in Livonia, Louisiana, has been en-

1 Maislin Transport, 274 NLRB 529 (1985).
gaged in the furnishing of van and shuttle crew transpor-
tation services. During the 12-month period ending May
31, 2000, a representative period, the Respondent, in
conducting its normal business operations, performed
services valued in excess of $50,000, in States other than
the State of Louisiana. We find that the Respondent is an
employer engaged in commerce within the meaning of
Section 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 respective names
and have been supervisors of the Respondent within the
meaning of Section 2(11) of the Act and agents of the
Respondent within the meaning of Section 2(13) of the
Act:

M.C. Covan SiteArea Manager
John Wilson Regional Manager
Jerry Simpson Area/Regional Manager

The Respondent, by the individuals named below,
about the dates and at the locations opposite their names,
threatened its employees with plant closure and loss of
jobs because of their activities on behalf of the Union:

(a) John Wilson mid-October 1999 Billy’s
Diner
(b) M.C. Covanlate Late October 1999 Livonia
jobsite
(c) M.C. Covan mid-November 1999 Livonia
jobsite
(d) M.C. Covan November 23, 1999 Livonia
jobsite

The Respondent, in about November 1999, by Covan,
at the Livonia jobsite, threatened its employees with un-
specified reprisals because of their activities on behalf of
the Union.
On about November 20, 1999, the Respondent, by Co-
van in his home, created the impression among its em-
ployees that their union activities were under surveil-
lance by the Respondent.
On about November 24, 1999, the Respondent issued a
written warning to its employee Adrienne Stermer and on
about December 21, 1999, terminated employee Adri-
enne Stermer. The Respondent engaged in the above
activity because Stermer joined and assisted the Union
and to discourage other employees from engaging in
these activities.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has been interfering with, restraining, and coercing
employees in the exercise of the rights guaranteed them
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
in Section 7 of the Act in violation of Section 8(a)(1) of
the Act. Further, by the acts and conduct described
above, the Respondent has been discriminating in regard
to the hire or tenure or terms or conditions of employ-
ment of its employees, thereby discouraging membership
in a labor organization in violation of Section 8(a)(3) and
(1). The unfair labor practices described above affect
commerce within the meaning of 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)(3)
and (1) by issuing a written warning to Adrienne Stermer
and again violated Section 8(a)(3) and (1) by discharging
Stermer, we shall order the Respondent to make her
whole for any loss of earnings and other benefits she may
have suffered by reason of the discrimination against
her.2 Backpay shall be computed in accordance with
F.W. Woolworth Co., 90 NLRB 289 (1950), with interest
as prescribed in New Horizons for the Retarded, 283
NLRB 1173 (1987). The Respondent shall also be re-
quired to remove from its files all references to the
unlawful warning and termination of Stermer, and to
notify her in writing that this has been done, and that the
unlawful conduct will not be used against her in any
way.
ORDER
The National Labor Relations Board orders that the
Respondent, Renzenberger, Inc., Shawnee, Kansas, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Threatening its employees with plant closure and
loss of jobs because of their activities on behalf of the
Union.
(b) Threatening its employees with unspecified repri-
sals because of their union activities.
(c) Creating the impression among its employees that
their union activities are under surveillance.
(d) Issuing written warnings to its employees in
retaliation for their union activities.
(e) Discharging its employees in retaliation for their
union activities.
(f) 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.

2 The Acting General Counsel’s motion states that the Respondent
reinstated Stermer on January 15, 2001. Accordingly, the Acting Gen-
eral Counsel does not seek a reinstatement order, and we have not
included one in our Order.
(a) Make Adrienne Stermer whole for any loss of earn-
ings and other benefits suffered as a result of the dis-
crimination against her, with interest, in the manner set
forth in the remedy section of this decision.
(b) Within 14 days from the date of this Order, remove
from its files any reference to the written warning issued
to Adrienne Stermer and to her unlawful discharge, and
within 3 days thereafter, notify her in writing that this
has been done, and that the unlawful conduct will not be
used against her in any way.
(c) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment re-
cords, timecards, personnel records and reports, includ-
ing an electronic copy of such records, if stored in elec-
tronic form, and all other records necessary to analyze
the amount of backpay due under the terms of this Order.
(d) Within 14 days after service by the Region, post at
its jobsite in Livonia, Louisiana, copies of the attached
notice marked “Appendix.”3 Copies of the notice, on
forms provided by the Regional Director for Region 15,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or ceased working at
the jobsite involved in these proceedings, the Respondent
shall duplicate and mail, at its own expense, a copy of
the notice to all current employees and former employees
employed by the Respondent at any time since October
1999.
(e) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
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. April 5, 2001

John C. Truesdale, Chairman

Wilma B. Liebman, Member

Dennis P. Walsh, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD

3 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.”
RENZENBERGER, INC. 3

APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Governemnt

The National Labor Relations Board has found that we vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

Section 7 of the Act gives employees these rights.

To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protection
To choose not to engage in any of these protected
concerted activities.

WE WILL NOT threaten you with plant closure and loss
of jobs because of your union activities.

WE WILL NOT threaten you with unspecified reprisals
because of your union activities.
WE WILL NOT create the impression among you that
your union activities are under surveillance.
WE WILL NOT issue written warnings to you in retalia-
tion for your union activities.
WE WILL NOT discharge you in retaliation for your un-
ion activities.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL make Adrienne Stermer whole for any loss of
earnings and other benefits she suffered as a result of the
discrimination against her, with interest. Adrienne Ster-
mer was reinstated to her job on January 15, 2001.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any references to the writ-
ten warning issued to Adrienne Stermer and to her
unlawful discharge and WE WILL, within 3 days thereaf-
ter, notify her in writing that this has been done, and that
the unlawful conduct will not be used against her in any
way.
RENZENBERGER, INC.