Ritter's Painting Co.

National Labor Relations Board - Board Decisions

Feb 14, 1985

274 N.L.R.B. 68 (N.L.R.B. 1985)

68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Charles Ritter d/b/a Ritter's Painting Co. and
Painters District Council No. 2, affiliated with
International Brotherhood of Painters and
Allied Trades and Joseph Shatro , Managing
Trustee of Painters District Council No. 2 Pen-
sion , Welfare and Vacation Funds. Cases 14-
CA-17555-1 and 14-CA-17555-2
14 February 1985
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
Upon separate charges filed by the Union and
the managing trustee of the Union's Pension, Wel-
fare and Vacation Funds on 7 August 1984, the
General Counsel of the National Labor Relations
Board issued an order consolidating cases and a
complaint on 17 September 1984 against the Com-
pany, the Respondent, alleging that it has violated
Section 8(a)(5) and (1) of the National Labor Rela-
tions Act. Although properly served copies of the
charges and complaint, the Company has failed to
file an answer.
On 15 October 1984 the General Counsel filed a
Motion for Summary Judgment. On 19 October
1984 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.
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 consolidated
complaint shall be deemed to be true and may be
so found by the Board." Further, the undisputed
allegations in the Motion for Summary Judgment
disclose that the General Counsel, by letters dated
2 October 1984, notified the Company that unless
an answer was received by noon on 9 October
1984,, 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. i
I In granting the General Counsel's Motion for Summary Judgment,
Chairman Dotson specifically relies on the total failure of the Respondent
to contest either the factual allegations or the legal conclusions of the
General Counsel's complaint Thus, the Chairman regards this proceeding
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
I. JURISDICTION
The Respondent, an individual proprietorship, is
a painting contractor providing painting and relat-
ed services to residential and commercial custom-
ers, and maintains his office and place of business
at 327 Houston, St. Charles, Missouri. During the
12-month period ending 31 August 1984, which
period is representative of his operations during all
times material hereto, the Respondent, in the
course and conduct of his business operations, pur-
chased and caused to be transported and delivered
at his St. Charles, Missouri office goods, materials,
and supplies valued in excess of $50,000 directly
from points located outside the State of Missouri.
During the same period, the Respondent purchased
and caused to be transported and delivered at his
St. Charles, Missouri office goods, materials, and
supplies valued in excess of $50,000 which were re-
ceived from other enterprises located in the State
of Missouri, which enterprises had received direct-
ly from points located outside the State of Missou-
ri. Additionally, during the same period, the Re-
spondent performed services valued in excess of
$50,000 for other enterprises located in States other
than the State of Missouri, and provided services
valued in excess of $50,000 for other enterprises
within the State of Missouri, each of which enter-
prises meets other than a solely indirect standard
for the assertion of Board jurisdiction. Finally,
during the same period, the Respondent derived
gross revenues in excess of $500,000, and provided
services valued in excess of $5000 directly to points
located outside the State of Missouri, and/or pur-
chased and received at his St. Charles, Missouri
office products, goods, and materials valued in
excess of $5000 directly from points outside the
State of Missouri. We find the Company is an em-
ployer engaged 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 Sec-
tion 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
The following employees of the Respondent con-
stitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b)
of the Act:
as being essentially a default judgment which is without precedential
value
274 NLRB No. 12
RITTER'S PAINTING CO 69
All journeyman painters, tapers and drywall
finishers, paper and wallcovering hangers and
working foremen employed by the Employer,
EXCLUDING office clerical and professional
employees, guards, and supervisors as defined
in the Act.
Since about 3 April 1984, and at all times materi-
al herein, the Union has been the lawfully designat-
ed exclusive collective-bargaining representative of
the employees in the unit described above and,
since about 3 April 1984, the Union has been rec-
ognized as such representative by the Respondent.
Such recognition has been embodied in a collec-
tive-bargaining agreement which is effective by its
terms until 30 November 1985. At all times materi-
al herein, the Union, by virtue of Section 9(a) of
the Act, has been and is the exclusive representa-
tive of the employees in the unit described above
for the purposes of collective bargaining with re-
spect to rates of pay, wages, hours of employment,
and other terms and conditions of employment.
By letter dated 19 June 1984, the Union, through
its agents, requested the Respondent to furnish the
Union with the following information: the Re-
spondent 's cash disbursements (regular and pay-
roll); payroll tax returns (State of Missouri and
other state unemployment returns and Quarterly
Federal Tax Returns, Form 941); payroll cards,
timecards , etc.; bank statements , including canceled
checks; dues and fringe benefit contribution reports
submitted to labor organizations other than the
Union and its related benefit plans; and payments
made for performance of painting or related work
to subcontractors, independent contractors, or any
other business or person other than an employee of
the Respondent's business. By letter dated 23 July
1984, the Union renewed its request for the infor-
mation. The information requested by the Union is
necessary for and relevant to the Union's perform-
ance of its function as the exclusive collective-bar-
gaining representative of the employees in the unit
described above. Since about 19 June 1984, the Re-
spondent has failed and refused to provide the
Union with the requested information.
Accordingly, we find that the Respondent has
failed and refused and is failing and refusing to bar-
gain collectively with the Union and thereby has
engaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) and (1) of the
Act.
CONCLUSIONS OF LAW
1. By failing and refusing since about 19 June
1984 to bargain collectively with the Union by fail-
ing and refusing to furnish the Union with informa-
tion it requested in its letters dated 19 June 1984
and 23 July 1984, the Respondent has engaged in
unfair labor practices affecting commerce within
the meaning of Section 8(a)(5) and (1) and Section
2(6) and (7) of the Act.
2. By the aforesaid conduct, the Respondent has
interfered with, restrained, and coerced, and is
interfering with , restraining, and coercing his em-
ployees in the exercise of the rights guaranteed
them in Section 7 of the Act and thereby has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(1).
REMEDY
Having found that the Respondent has engaged
in and is engaging in unfair labor practices within
the meaning of Section 8(a)(5) and (1) of the Act,
we shall order him to cease and desist therefrom.
We shall further order the Respondent, on request,
to furnish the Union the information it requested in
its letters dated 19 June 1984 and 23 July 1984.
ORDER
The National Labor Relations Board orders that
the Respondent, Charles Ritter d/b/a Ritter's
Painting Company, St. Charles, Missouri, his
agents, successors , and assigns, shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively,
with Painters District Council No. 2, affiliated with
International Brotherhood of Painters and Allied
Trades, as the exclusive collective-bargaining rep-
resentative of the employees in the appropriate unit
set forth below, by failing and refusing to furnish
the Union with the information it requested in its
letters dated 19 June 1984 and 23 July 1984., The
appropriate unit is:
All journeyman painters, tapers and drywall
finishers, paper and wallcovering hangers and
working foremen employed by the Employer,
EXCLUDING office clerical and professional
employees, guards, and supervisors as defined
in the Act.
(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, furnish the Union with the fol-
lowing information it requested in its letters dated
19 June 1984 and 23 July 1984: cash disbursements
(regular and payroll); payroll tax returns (State of
Missouri and other state unemployment returns and
Quarterly Federal Income Tax Returns, Form 941);
payroll cards, timecards, etc.; bank statements, in-
70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cluding canceled checks; dues and fringe benefit
contributions reports submitted to labor organiza-
tions other than the Union and its related benefit
plans; and payments made for performance of
painting or related work to subcontractors, inde-
pendent contractors, or any other business or
person other than an employee of the Respondent's
business.
(b) Post at his facility in St. Charles, Missouri,
copies of the attached notice marked "Appendix."2
Copies of the notice, on forms provided by the Re-
gional Director for Region 14, after being signed
by the Respondent's authorized representative,
shall be posted by the Respondent immediately
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.
(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 Na-
tional Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board "
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
Allied Trades, as the exclusive collective-bargain-
ing representative of the employees in the appro-
priate unit set forth below, by failing and refusing
to furnish the Union with the information it re-
quested in its letters dated 19 June 1984 and 23
July 1984. The appropriate unit is:
All journeyman painters, tapers and drywall
finishers, paper and wallcovering hangers and
working foremen employed by the Employer,
EXCLUDING office clerical and professional
employees, guards, and supervisors as defined
in the Act.
I WILL NOT in any like or related manner inter-
fere with, restrain, or coerce you in the exercise of
the rights guaranteed you by Section 7 of the Act.
I WILL, on request, furnish the Union with the
following information it requested in its letters
dated 19 June 1984 and 23 July 1984: cash dis-
bursements (regular and payroll); payroll tax re-
turns (State of Missouri and other state unemploy-
ment returns and Quarterly Federal Income Tax
Returns, Form 941); payroll cards, timecards etc.;
bank statements, including canceled checks; dues
and fringe benefit contributions reports submitted
to labor organizations other than the Union and its
related benefit plans, and payments made for the
performance of painting or related work to subcon-
tractors, independent contractors, or any other
business or person other than an employee of the
Respondent's business.
CHARLES RITTER D/B/A RITTER'S
PAINTING CO.
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.
I WILL NOT fail and refuse to bargain collective-
ly with Painters District Council No. 2, affiliated
with International Brotherhood of Painters and