Ruan Transport Corp.

National Labor Relations Board - Board Decisions

Apr 13, 2011

356 NLRB No. 139 (N.L.R.B. 2011)

356 NLRB No. 139
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.
Ruan Transport Corp. and Teamsters Local 705, af-
filiated with the International Brotherhood of
Teamsters. Case 13–CA–46555
April 13, 2011
DECISION AND ORDER
BY MEMBERS BECKER, PEARCE, AND HAYES
This is a refusal-to-bargain case in which the Respon-
dent is contesting the Union’s certification as bargaining
representative in the underlying representation proceed-
ing. Pursuant to a charge filed by Teamsters Local 705,
affiliated with the International Brotherhood of Team-
sters (the Union) on January 28, 2011, the Acting Gen-
eral Counsel issued the complaint on February 8, 2011,
alleging that the Respondent has violated Section 8(a)(5)
and (1) of the Act by refusing the Union’s request to bar-
gain following the Union’s certification in Case 13–RC–
21909. (Official notice is taken of the “record” in the
representation proceeding as defined in the Board’s
Rules and Regulations, Secs. 102.68 and 102.69(g);
Frontier Hotel, 265 NLRB 343 (1982).) The Respondent
filed an answer admitting in part and denying in part the
allegations in the complaint, and asserting affirmative
defenses.
On March 2, 2011, the Acting General Counsel filed a
Motion for Summary Judgment. On March 3, 2011, 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 a response,
which included a Motion for Summary Judgment. The
Respondent also filed a motion to supplement the record,
seeking to add to the record in the instant proceeding
documents and an exhibit that were part of the record in
the underlying representation case. The Acting General
Counsel filed a response.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
In its answer, response, and motion to supplement the
record, the Respondent admits its refusal to bargain but
contests the validity of the Union’s certification based on
the Board’s disposition of a determinative challenged
ballot in the representation proceeding. All representa-
tion issues raised by the Respondent were or could have
been litigated in the prior representation proceeding. The
Respondent does not offer to adduce at a hearing any
newly discovered and previously unavailable evidence,
nor does it allege any special circumstances that would
require the Board to reexamine the decision made in the
representation proceeding. We therefore find that the
Respondent has not raised any representation issue that is
properly litigable in this unfair labor practice proceeding.
See Pittsburgh Plate Glass Co. v. NLRB, 313 U.S. 146,
162 (1941). Accordingly, we grant the Acting General
Counsel’s Motion for Summary Judgment.1
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, an Iowa corpo-
ration, with an office and place of business in Franklin
Park, Illinois (the facility), has been engaged in the busi-
ness of truck transportation and delivery services through
contract carriage arrangements.
During the 12-month period preceding the issuance of
the complaint, the Respondent, in conducting its business
operations described above, has earned gross revenue in
excess of $500,000 and has purchased and received at its
facility goods and material valued in excess of $50,000
directly from points outside the State of Illinois.
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
A. The Certification
Following a representation election held on April 1,
2010, and a runoff election held on June 2, 2010, the
Board certified the Union on November 30, 2010, as the
exclusive collective-bargaining representative of the em-
ployees in the following appropriate unit:
All full-time and regular part-time truck drivers and
warehouse spotters/drivers employed by the Employer
based at the Castle Metal facility currently located at
3400 North Wolf Road in Franklin Park, IL, but ex-

1 We therefore deny the Respondent’s Motion for Summary Judg-
ment. Further, we deny the Respondent’s motion to supplement the
record. As stated above, the Board does not redetermine representation
issues in unfair labor practice proceedings unless a party presents
previously unavailable evidence or alleges other special circumstances
that warrant reconsideration. See also National Van Lines, 123 NLRB
1272, 1273 (1959), enf. denied on other grounds 273 F.2d 402 (7th Cir.
1960) (Board held that the Act does not require in an unfair labor prac-
tice case that a prior representation case be admitted into evidence). Of
course, upon petition for court enforcement or review of a Board order,
the record in the underlying representation case will be included as part
of the entire record that must be filed, as stated in Sec. 9(d) of the Act.
Id. at 1274.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
cluding all dispatchers, supervisors, clerical, security
personnel and professionals as defined in the Act.
The Union continues to be the exclusive collective-
bargaining representative of the unit employees under Sec-
tion 9(a) of the Act.
B. Refusal to Bargain
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:
Andrew Bounds Vice President
George Kent Havens Vice President of Labor
Relations
On December 21, 2010, the Union requested that the
Respondent meet to bargain collectively with it as the
exclusive collective-bargaining representative of the unit.
By letter dated January 19, 2011, the Respondent de-
clined the Union’s request and since that date the Re-
spondent has refused to recognize and bargain with the
Union. We find that this failure and refusal constitutes
an unlawful failure and refusal to bargain in violation of
Section 8(a)(5) and (1) of the Act.
CONCLUSION OF LAW
By failing and refusing since January 19, 2011, to rec-
ognize and bargain with the Union as the exclusive col-
lective-bargaining representative of the employees in the
unit, the Respondent has engaged in unfair labor prac-
tices affecting commerce within the meaning of Section
8(a)(5) and (1) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated Section
8(a)(5) and (1) of the Act, we shall order it to cease and
desist, to bargain on request with the Union and, if an
understanding is reached, to embody the understanding
in a signed agreement.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by the law, we shall construe the initial period of the cer-
tification as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Ruan Transport Corp., Franklin Park, Illi-
nois, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to recognize and bargain with
Teamsters Local 705, affiliated with the International
Brotherhood of Teamsters, as the exclusive collective-
bargaining representative of the employees in the bar-
gaining unit.
(b) In any like or related manner interfering with, re-
straining, 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) On request, bargain with the Union as the exclu-
sive collective-bargaining representative of the employ-
ees in the following appropriate unit on terms and condi-
tions of employment and, if an understanding is reached,
embody the understanding in a signed agreement:
All full-time and regular part-time truck drivers and
warehouse spotters/drivers employed by the Employer
based at the Castle Metal facility currently located at
3400 North Wolf Road in Franklin Park, IL, but ex-
cluding all dispatchers, supervisors, clerical, security
personnel and professionals as defined in the Act.
(b) Within 14 days after service by the Region, post at
its facility in Franklin Park, Illinois, copies of the at-
tached notice marked “Appendix.”2 Copies of the notice,
on forms provided by the Regional Director for Region
13, 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. In addition to physical posting of
paper notices, notices shall be distributed electronically,
such as by email, posting on an intranet or an internet
site, and/or other electronic means, if the Respondent
customarily communicates with its employees by such
means.3 Reasonable steps shall be taken by the Respon-
dent 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 Respondent has
gone out of business or closed its facilities involved in

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 Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
3 For the reasons stated in his dissenting opinion in J. Picini Floor-
ing, 356 NLRB No. 9 (2010), Member Hayes would not require elec-
tronic distribution of the notice.
RUAN TRANSPORT CORP. 3
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at any time since January 19, 2011.
(c) 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 13, 2011
Craig Becker, Member
Mark Gaston Pearce, Member
Brian E. Hayes, 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
The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your
benefit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT fail and refuse to recognize and bargain
with Teamsters Local 705, affiliated with the Interna-
tional Brotherhood of Teamsters, as the exclusive collec-
tive-representative of the employees in the bargaining
unit.
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, on request, bargain with the Union and put
in writing and sign any agreement reached on terms and
conditions of employment for our employees in the fol-
lowing bargaining unit:
All full-time and regular part-time truck drivers and
warehouse spotters/drivers employed by us based at
our Castle Metal facility currently located at 3400
North Wolf Road in Franklin Park, IL, but excluding
all dispatchers, supervisors, clerical, security personnel
and professionals as defined in the Act.
RUAN TRANSPORT CORP.