Robert Ford Electric

National Labor Relations Board - Board Decisions

Nov 18, 1996

322 N.L.R.B. 90 (N.L.R.B. 1996)

1
NOTICE: This opinion is subject to formal revision before publication
in the Board volumes of NLRB decisions. Readers are requested to
notify the Executive Secretary, National Labor Relations Board,
Washington, D.C. 20570, of any typographical or other formal er­
rors so that corrections can be included in the bound volumes.
Robert P. Ford, an Individual, d/b/a Robert Ford
Electric and International Brotherhood of Elec­
trical Workers, Local Union No. 59. Case 16–
CA–18028
November 18, 1996
DECISION AND ORDER
BY MEMBERS BROWNING, FOX, AND HIGGINS
Upon a charge and amended charge filed by the
Union on May 23 and June 10, 1996, the General
Counsel of the National Labor Relations Board issued
a complaint on September 11, 1996, against Robert P.
Ford, an individual, d/b/a Robert Ford Electric, the Re­
spondent, alleging that it has violated Section 8(a)(1)
and (3) of the National Labor Relations Act. Although
properly served copies of the charge, amended charge,
and complaint, the Respondent failed to file an answer.
On October 21, 1996, the General Counsel filed a
Motion for Default Summary Judgment with the
Board. On October 22, 1996, 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 allega­
tions 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, un­
less 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 al­
legations in the Motion for Default Summary Judg­
ment disclose that the Region, by letter dated October
3, 1996, notified the Respondent that unless an answer
were received by October 10, 1996, a Motion for De-
fault 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 Default Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been
owned by Robert P. Ford, a sole proprietorship, doing
business as Robert Ford Electric. At all material times
the Respondent, a sole proprietorship with an office
and place of business in Plano, Texas, has been en-
gaged in the construction industry as an electrical con-
tractor. During the 12-month period preceding issuance
of the complaint, the Respondent, in conducting its
business operations, purchased and received at its
Plano, Texas facility goods valued in excess of
$50,000 from other enterprises, including Crawford
Electric Supply, located within the State of Texas,
each of which other enterprises had received goods di­
rectly from points outside the State of Texas. We find
that the Respondent is an employer engaged in com­
merce 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
About January 25 and 26, 1996, the Respondent, by
Robert Ford, the owner, promulgated an invalid no-so­
licitation rule by stating ‘‘he was not going to be
literatured like that’’ and that union literature could not
be distributed to Ford’s employees on Ford’s time. The
Respondent promulgated and maintained this rule to
discourage its employees from forming, joining and/or
assisting the Union or engaging in concerted activities.
About January 26, 1996, the Respondent threatened
to terminate its employee for engaging in union activi­
ties.
About January 25 and 26, 1996, respectively, the
Respondent refused to hire employees Frank Allen Jr.
and Danny Baird because these employees of the Re­
spondent formed, joined, and/or assisted the Union and
engaged in concerted activities, and to discourage em­
ployees from engaging in these activities.
CONCLUSIONS OF LAW
1. By the acts and conduct described above, the Re­
spondent has been interfering with, restraining, and co­
ercing employees in the exercise of the rights guaran­
teed in Section 7 of the Act, and has thereby engaged
in unfair labor practices affecting commerce within the
meaning of Section 8(a)(1) and Section 2(6) and (7) of
the Act.
2. By refusing to hire Frank Allen Jr. and Danny
Baird, the Respondent has also been discriminating in
regard to hire or tenure or terms or conditions of em­
ployment of its employees, thereby discouraging mem-
322 NLRB No. 90
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
bership in a labor organization, and has thereby en-
gaged in unfair labor practices affecting commerce
within the meaning of Section 8(a)(3) 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 de-
signed to effectuate the policies of the Act. Specifi­
cally, having found that the Respondent violated Sec­
tion 8(a)(1) by promulgating an invalid no-solicitation
rule, we shall order the Respondent to rescind the in-
valid rule. In addition, having found that the Respond­
ent violated Section 8(a)(3) and (1) by refusing to hire
Frank Allen Jr. and Danny Baird, we shall order the
Respondent to offer them immediate employment to
the positions which they would have had but for the
unlawful discrimination against them, or, if those jobs
no longer exist, to substantially equivalent positions,
and to make them whole for any loss of earnings and
other benefits suffered as a result of the discrimination
against them. Backpay shall be computed in accord­
ance with F. W. Woolworth Co., 90 NLRB 289
(1950), with interest as prescribed in New Horizons for
the Retarded, 283 NLRB 1173 (1987). The Respond­
ent shall also be required to expunge from its files any
and all references to the unlawful refusals to hire Allen
and Baird, and to notify them, in writing, that this has
been done.
ORDER
The National Labor Relations Board orders that the
Respondent, Robert P. Ford, an Individual, d/b/a Rob­
ert Ford Electric, Plano, Texas, its officers, agents,
successors, and assigns, shall
1. Cease and desist from

(a) Promulgating an invalid no-solicitation rule.

(b) Threatening to terminate employees for engaging

in union activities.
(c) Refusing to hire employees because they form,
join, and/or assist the International Brotherhood of
Electrical Workers, Local Union No. 59, or engage in
concerted activities, or to discourage employees from
engaging in these activities.
(d) In any like or related manner interfering with,
restraining, or coercing employees in the exercise 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.
(a) Rescind the invalid no-solicitation rule it promul­
gated on January 25 and 26, 1996.
(b) Within 14 days from the date of this order, offer
Frank Allen Jr. and Danny Baird immediate employ­
ment to the positions which they would have had but
for the unlawful discrimination against them, or, if
those jobs no longer exist, to substantially equivalent
positions.
(c) Make Frank Allen Jr. and Danny Baird whole
for any loss of earnings and other benefits suffered as
a result of the discrimination against them in the man­
ner set forth in the remedy section of this decision.
(d) Within 14 days from the date of this order, ex­
punge from its files any and all references to the un­
lawful refusals to hire Allen and Baird, and, within 3
days thereafter, notify them, in writing, that this has
been done and that the unlawful conduct will not be
used against them in any way.
(e) 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 pay­
ment records, timecards, personnel records and reports,
and all other records necessary to analyze the amount
of backpay due under the terms of this Order.
(f) Within 14 days after service by the Region, post
at its facility in Plano, Texas, copies of the attached
notice marked ‘‘Appendix.’’1 Copies of the notice, on
forms provided by the Regional Director for Region
16, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent 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. In
the event that, during the pendency of these proceed­
ings, the Respondent has gone out of business or
closed the facility involved in these proceedings, the
Respondent shall duplicate and mail, at its own ex­
pense, a copy of the notice to all current employees
and former employees employed by the Respondent at
any time since May 23, 1996.
(g) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a
responsible official on a form provided by the Region
1 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
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.’’
ROBERT FORD ELECTRIC 3
attesting to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. November 18, 1996
������������������
Margaret A. Browning, Member
������������������
Sarah M. Fox, Member
������������������
John E. Higgins Jr., Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

NATIONAL LABOR RELATIONS BOARD

An Agency of the United States Government

WE WILL NOT promulgate an invalid no-solicitation
rule.
WE WILL NOT threaten our employees for engaging
in union activities.
WE WILL NOT refuse to hire employees because they
form, join, and/or assist the International Brotherhood
of Electrical Workers, Local Union No. 59, engage in
concerted activities, or to discourage employees from
engaging in these activities.
WE WILL NOT, in any like or related manner, inter­
fere with, restrain, or coerce employees in the exercise
of the rights guaranteed them by Section 7 of the Act.
WE WILL rescind the invalid no-solicitation rule we
promulgated on January 25 and 26, 1996.
WE WILL, within 14 days from the date of the
Board’s order, offer Frank Allen Jr. and Danny Baird
immediate employment to the positions which they
would have had but for our unlawful discrimination
against them, or, if those jobs no longer exist, to sub­
stantially equivalent positions.
WE WILL make Frank Allen Jr. and Danny Baird
whole for any loss of earnings and other benefits suf­
fered as a result of our discrimination against them, in
the manner set forth in a decision of the National
Labor Relations Board.
WE WILL, within 14 days from the date of this
order, expunge from our files any and all references to
our unlawful refusals to hire Allen and Baird, and,
within 3 days thereafter, notify them, in writing, that
this has been done and that our unlawful conduct will
not be used against them in any way.
ROBERT P. FORD D/B/A ROBERT FORD
ELECTRIC