RX Williamsons Limited

National Labor Relations Board - Board Decisions

Jun 12, 1981

256 N.L.R.B. 545 (N.L.R.B. 1981)

RX WILLIAMSONS LIMITED 545
RX Williamsons Limited and Retail, Wholesale and
Department Store Union, Local 1034, AFL-
CIO. Case 4-CA-10649
June 12, 1981
DECISION AND ORDER
Upon a charge filed on November 21, 1979, by
Retail, Wholesale and Department Store Union,
Local 1034, AFL-CIO, herein called the Union,
and duly served on RX Williamsons Limited,
herein called Respondent, the General Counsel of
the National Labor Relations Board, by the Re-
gional Director for Region 4, issued a complaint on
May 14, 1980, against Respondent, alleging that
Respondent had engaged in and was engaging in
unfair labor practices affecting commerce within
the meaning of Section 8(a)(5) and (1) and Section
2(6) and (7) of the National Labor Relations Act,
as amended. Copies of the charge and the com-
plaint and notice of hearing before an administra-
tive law judge were duly served on the parties to
this proceeding. Respondent has failed to file an
answer and thus the allegations of the complaint
stand uncontroverted.
On October 14, 1980, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on October 17,
1980, the Board issued an order transferring the
proceeding to the Board and a Notice To Show
Cause why the General Counsel's Motion for Sum-
mary Judgment should not be granted. Respondent
has failed to file a response to the Notice To Show
Cause.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions, Series 8, as amended, provides as follows:
The respondent shall, within 10 days from the
service of the complaint, file an answer there-
to. The respondent shall specifically admit,
deny, or explain each of the facts alleged in
the complaint, unless the respondent is without
knowledge, in which case the respondent shall
so state, such statement operating as a denial.
All allegations in the complaint, if no answer
is filed, or any allegation in the complaint not
specifically denied or explained in an answer
filed, unless the respondent shall state in the
answer that he is without knowledge, shall be
deemed to be admitted to be true and shall be
so found by the Board, unless good cause to
the contrary is shown.
256 NLRB No. 94
The complaint and notice of hearing served on
Respondent specifically states that, unless an
answer to the complaint is filed by Respondent
within 10 days from the service thereof, "all of the
allegations contained in the Complaint shall be
deemed to be admitted to be true and may be so
found by the Board."
To date, neither an answer to the complaint nor
a response to the Notice To Show Cause has been
filed by Respondent. No good cause to the con-
trary having been shown, the allegations of the
complaint herein are deemed to be admitted and
are so found by the Board. Accordingly, we grant
the General Counsel's Motion for Summary Judg-
ment.
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
Respondent is, and has been at all times material
herein, a Pennsylvania corporation engaged in the
retail sale of drugs, cosmetics, stationery, and food
products at a retail store located at 16th Street and
J.F.K. Boulevard, Philadelphia, Pennsylvania
(herein called the Suburban Station store). Based
upon a projection of its operations since on or
about October 1, 1979, when Respondent com-
menced its operations, Respondent, in the course
and conduct of its business, will annually derive
gross revenues in excess of $500,000 and will annu-
ally purchase goods and materials valued in excess
of $250,000 directly from points located outside the
Commonwealth of Pennsylvania.
We find, on the basis of the foregoing, that Re-
spondent is, and has been at all times material
herein, an employer engaged in commerce within
the meaning of Section 2(6) and (7) of the Act, and
that it will effectuate the policies of the Act to
assert jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
Retail, Wholesale and Department Store Union,
Local 1034, AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
The following employees of Respondent consti-
tute a unit appropriate for collective-bargaining
purposes within the meaning of Section 9(b) of the
Act:
All "store employees" of Respondent at the
Suburban Station store who work an average
of 15 hours or more per week, excluding store
RX WILLIAMSONS LIMITED
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
managers, assistant store managers, and Foun-
tain managers.
Pennsy Drug Corp., a Pennsylvania corporation,
operated the Suburban Station store until October
1, 1979. Prior to that date, and at all times material
herein, Pennsy Drug Corp. recognized the Union
as the exclusive bargaining representative of the
employees in the above-described unit.
On or about October 1, 1979, Respondent took
possession of and began operating the Suburban
Station store. Since that date Respondent has been
engaged in the same business operations, at the
same location, selling substantially the same prod-
ucts, and has had as a majority of its employees, in-
dividuals who were previously employees of
Pennsy Drug Corp. at the Suburban Station store.
Accordingly, we find that by virtue of these oper-
ations Respondent has continued as the employing
entity and is a successor of Pennsy Drug Corp. We
further find that at all times material herein the
Union has been and continues to be the exclusive
bargaining representative, within the meaning of
Section 9(a) of the Act, of all of Respondent's em-
ployees in the above-described unit at the Suburban
Station store. N.L.R.B. v. Burns International Secu-
rity Services, 406 U.S. 272 (1972).
Commencing on or about October 15, 1979, and
at all times thereafter, the Union has requested Re-
spondent to bargain collectively with it as the ex-
clusive collective-bargaining representative of all
the employees in the above-described unit. Com-
mencing on or about October 15, 1979, and con-
tinuing at all times thereafter to date, Respondent
has refused, and continues to refuse, to recognize
and bargain with the Union as the exclusive repre-
sentative for collective bargaining of all employees
in said unit.
Accordingly, we find that Respondent has, since
on or about October 15, 1979, and at all times
thereafter, refused to bargain collectively with the
Union as the exclusive representative of the em-
ployees in the appropriate unit, and that, by such
refusal, Respondent has engaged in and is engaging
in unfair labor practices within the meaning of Sec-
tion 8(a)(5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent, set forth in section
III, above, occurring in connection with its oper-
ations described in section I, above, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and
tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of com-
merce.
V. THE REMEDY
Having found that 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 that it cease and desist therefrom, and,
upon request, bargain collectively with the Union
as the exclusive representative of all employees in
the appropriate unit, and, if an understanding is
reached, embody such understanding in a signed
agreement.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. RX Williamsons Limited is an employer en-
gaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Retail, Wholesale and Department Store
Union, Local 1034, AFL-CIO, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
3. All "store employees" of Respondent at its
Suburban Station store in Philadelphia, Pennsylva-
nia, who work an average of 15 hours or more per
week, excluding store managers, assistant store
managers, and fountain managers, constitute a unit
appropriate for the purposes of collective bargain-
ing within the meaning of Section 9(b) of the Act.
4. At all times material herein, the above-named
labor organization has been and now is the certified
and exclusive representative of all employees in the
aforesaid appropriate unit for the purpose of collec-
tive bargaining within the meaning of Section 9(a)
of the Act.
5. By refusing on or about October 15, 1979, and
at all times thereafter, to bargain collectively with
the above-named labor organization as the exclu-
sive bargaining representative of all the employees
of Respondent in the appropriate unit, Respondent
has engaged in and is engaging in unfair labor prac-
tices within the meaning of Section 8(a)(5) of the
Act.
6. By the aforesaid refusal to bargain, Respond-
ent has interfered with, restrained, and coerced,
and is interfering with, restraining, and coercing,
employees 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) of the Act.
7. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
RX WILLIAMSONS LIMITED 547
lations Board hereby orders that the Respondent,
RX Williamsons Limited, its officers, agents, suc-
cessors, and assigns, shall:
I. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages, hours, and other terms and
conditions of employment with Retail, Wholesale
and Department Store Union, Local 1034, AFL-
CIO, as the exclusive bargaining representative of
its employees in the following appropriate unit:
All "store employees" of RX Williamsons
Limited at its Suburban Station store in Phila-
delphia, Pennsylvania, who work an average
of 15 hours or more per week, excluding store
managers, assistant store managers, and Foun-
tain managers.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them in Section 7 of
the Act.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the
Act:
(a) Upon request, bargain with the above-named
labor organization as the exclusive representative
of all employees in the aforesaid appropriate unit
with respect to rates of pay, wages, hours, and
other terms and conditions of employment, and, if
an understanding is reached, embody such under-
standing in a signed agreement.
(b) Post at its Suburban Station store copies of
the attached notice marked "Appendix."' Copies
of said notice, on forms provided by the Regional
Director for Region 4, after being duly signed by
Respondent's representative, shall be posted by Re-
spondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter,
in conspicuous places, including all places where
notices to employees are customarily posted. Rea-
sonable steps shall be taken by Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
I In the event that 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 Pursu-
ant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board."
(c) Notify the Regional Director for Region 4, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and
other terms and conditions of employment
with Retail, Wholesale and Department Store
Union, Local 1034, AFL-CIO, as the exclu-
sive representative of the employees in the
bargaining unit described below.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employ-
ees in the exercise of the rights guaranteed
them by Section 7 of the Act.
WE WILL, upon request, bargain with the
above-named Union, as the exclusive repre-
sentative of all employees in the bargaining
unit described below, with respect to rates of
pay, wages, hours, and other terms and condi-
tions of employment, and, if an understanding
is reached, embody such understanding in a
signed agreement. The bargaining unit is:
All "store employees" of RX Williamsons
Limited at its Suburban Station store in
Philadelphia, Pennsylvania, who work an
average of 15 hours or more per week, ex-
cluding store managers, assistant store man-
agers, and Fountain managers.
RX WILLIAMSONS LIMITED
RX WILLIAMSONS LIMITED