Safety Cab

National Labor Relations Board - Board Decisions

Mar 14, 1980

248 N.L.R.B. 457 (N.L.R.B. 1980)

SAFETY CAB 457
Jax Cabs, Inc., d/b/a Safety Cab, New Deal Cab,
Yellow Cab and Airport Service and Allied Ser-
vices Division, Brotherhood of Railway, Airline
and Steamship Clerks, Local 1902, affiliated
with Brotherhood of Railway, Airline & Steam-
ship Clerks, Freight Handlers & Station Em-
ployees. Case 12-CA-8610
March 14, 1980
DECISION AND ORDER
BY MEMBERS JENKINS, PENELLO, AND
TRUESDALE
Upon a charge filed on April 24, 1979, and a first
amended charge filed on April 27, 1979, by Allied
Services Division, Brotherhood of Railway, Airline
and Steamship Clerks, Local 1902, affiliated with
Brotherhood of Railway, Airline & Steamship
Clerks, Freight Handlers & Station Employees,
herein called the Union, and duly served on Jax
Cabs, Inc., d/b/a Safety Cab, New Deal Cab,
Yellow Cab and Airport Service, herein called Re-
spondent, the General Counsel of the National
Labor Relations Board, by the Regional Director
for Region 12, issued a complaint and notice of
hearing on September 12, 1979, against Respon-
dent, 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, the first amended 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 failed to file an
answer to the complaint.
On November 19, 1979, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgement. Subsequently, on November
30, 1979, 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 Judgement should not be granted. Respon-
dent requested, and was granted an extension of
time, to file a response thereto, and on January 15,
1980, Respondent filed a document entitled "Objec-
tions to Summary Judgment."
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following:
248 NLRB No. 55
Ruling on the Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions provides:
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.
The complaint and notice of hearing served on
the Respondent herein specifically states that unless
an answer to the complaint is filed within 10 days
of service thereof "all of the allegations in the
Complaint shall be deemed to be admitted to be
true and may be so found by the Board." Further,
according to the uncontroverted allegations of the
Motion for Summary Judgment, Respondent was
advised by counsel for the General Counsel in a
letter dated October 3, 1979, that an answer to the
complaint had not been recieved and that if an
answer was not received by October 12, 1979,
General Counsel would file a Motion for Summary
Judgment. As noted above, Respondent did not file
an answer to the complaint. However, on January
15, 1980, in response to the Notice To Show
Cause, Respondent filed a response in which it
contends that it is now bankrupt and is no longer
engaged in interstate commerce; that it is not an
operating business and there is no likelihood of it
resuming business. In addition Respondent also
denied other allegations in the complaint. Respon-
dent, however, has offered no explanation for its
failure to file a timely answer. Accordingly, under
the rules set forth above, no good cause having
been shown for the failure to file a timely answer,
the allegations of the complaint are deemed ad-
mitted and are found to be true, and we grant the
General Counsel's Motion for Summary Judgment.
On the basis of the entire record, the Board
make the following:
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
Respondent is a Florida corporation engaged in
the operation of taxicab service in and around the
SAFETY CA
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
city of Jacksonville, Florida. During the past 12
months, in the course and conduct of its business
operations, Respondent received gross revenues in
excess of $500,000 and during the same period, re-
ceived goods and supplies valued in excess of
$10,000 at its Jacksonville, Florida, facility, which
were shipped directly from points located outside
the State of Florida.
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
Allied Services Division, Brotherhood of Rail-
way, Airline and Steamship Clerks, Local 1902, af-
filiated with Brotherhood of Railway, Airline &
Steamship Clerks, Freight Handlers & Station Em-
ployees, 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 taxi drivers, limousine drivers, dispatchers,
PBX operators, garage men and airport start-
ers, including mechanics, auto body men help-
ers, lube men and general shop laborers em-
ployed by the Respondent at its Jacksonville,
Florida facility, excluding all other employees,
office clerical employees, guards and supervi-
sors as defined in the Act.
On October 25, 1968, a majority of the employ-
ees of Respondent in said unit, in a secret-ballot
election conducted under the supervision of the
Regional Director for Region 12, designated the
Union as their representative for the purpose of
collective-bargaining with Respondent. The Union
was certified as the collective-bargaining represen-
tative of the employees in said unit on November
5, 1968, and the Union continues to be such exclu-
sive representative within the meaning of Section
9(a) of the Act.' On or about July 1, 1977, Respon-
dent and the Union entered into a collective-bar-
gaining agreement covering the employees in the
I In the complaint, the General Counsel alleged that "sometime during
1970, the exact date being unknown, the Union was designated or select-
ed by the employees of Respondent as their collective bargaining repre-
sentative." In its "Motion To Transfer Case To Board and For Summary
Judgment," the General Counsel amended the allegations in the com-
plaint to reflect the correct dates on which the election was conducted
and the Union was certified
above-described unit. The collective-bargaining
agreement was effective from May 1, 1977,
through April 7, 1980, and the terms of the agree-
ment provided for a reopening of negotiations re-
specting certain portions of the collective-bargain-
ing agreement.
Respondent interfered with, restrained, and co-
erced employees in the exercise of their rights
guaranteed by Section 7 of the Act by engaging in
the following acts:
On or about late November or early December
1978, the exact date being unknown, Respondent
uilaterally implemented a 10-percent surcharge on
all charge business. Respondent engaged in the acts
and conduct described above without prior notice
to the Union and without affording the Union an
opportunity to negotiate and bargain as the exclu-
sive representative of Respondent's employees.
On or about April 6, 1979, the Union requested
that Respondent bargain collectively with respect
to rates of pay, wages, and other terms and condi-
tions of employment, as the exclusive collective-
bargaining representative of Respondent's unit em-
ployees. Since on or about April 14, 1979, Respon-
dent has failed and refused, and continues to fail
and refuse, to bargain in good faith with the Union
as the exclusive collective-bargaining representative
of its employees in the above-described unit with
respect to rates of pay, wages, and other terms and
conditions of employment.
On or about December 15, 1978, employees of
Respondent employed in its Jacksonville facility
ceased work and went out on strike, and since that
date have engaged in and are engaging in such
strike. The strike was caused by and/or prolonged
by Respondent's unfair labor practices described
above.
Accordingly, we find that Respondent has, since
late November or early December 1978, and at all
times thereafter, refused to bargain collectively
with the Union as the exclusive representative of
the employees in the appropriate unit, and that, by
such refusal, Respondent has engaged in and is en-
gaging in unfair labor practices within the meaning
of Section 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.
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SAFETY CAB 459
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.
CONCLUSIONS OF LAW
1. Respondent Jax Cabs, Inc., d/b/a Safety Cab,
New Deal Cab, Yellow Cab and Airport Service,
is an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. Allied Services Division, Brotherhood of Rail-
way, Airline and Steamship Clerks, Local 1902, af-
filiated with Brotherhood of Railway, Airline &
Steamship Clerks, Freight Handlers & Station Em-
ployees is a labor organization within the meaning
of Section 2(5) of the Act.
3. All taxi drivers, limousine drivers, dispatchers,
PBX operators, garage men and airport starters, in-
cluding mechanics, auto body men helpers, lube
men and general shop laborers employed by Re-
spondent at its Jacksonville, Florida facility, ex-
cluding all other employees, office clerical employ-
ees, guards and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act.
4. Since November 5, 1968, 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 making unilateral changes in its employees'
terms and conditions of employment on or about
late November or early December 1978, and by
thereafter refusing to bargain collectively with the
above-named labor organization as the exclusive
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, Respon-
dent 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-
lations Board hereby orders that the Respondent,
Jax Cabs, Inc., d/b/a Safety Cab, New Deal Cab,
Yellow Cab and Airport Service, Jacksonville,
Florida, its officers, agents, successors, and assigns,
shall:
1. Cease and desist from:
(a) Making unilateral changes and refusing to
bargain collectively concerning rates of pay,
wages, hours, and other terms and conditions of
employment with Allied Services Division, Broth-
erhood of Railway, Airline and Steamship Clerks,
Local 1902, affiliated with Brotherhood of Rail-
way, Airline & Steamship Clerks, Freight Handlers
& Station Employees, as the exclusive bargaining
representative of its employees in the following ap-
propriate unit:
All taxi drivers, limousine drivers, dispatchers,
PBX operators, garage men and airport start-
ers, including mechanics, auto body men help-
ers, lube men and general shop laborers em-
ployed by the Respondent at its Jacksonville,
Florida facility, excluding all other employees,
office clerical employees, guards and supervi-
sors 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 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 Jacksonville, Florida, facility
copies of the attached notice marked "Appendix." 2
Copies of said notice, on forms provided by the
Regional Director for Region 12, after being duly
signed by Respondent's representative, shall be
posted by Respondent 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. Reasonable steps shall be taken by Respon-
2 In the event that this Order is enforced by a Judgment of a Unlited
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 Relations Board "
SAFETY CAB
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dent to insure that said notices are not altered, de-
faced, or covered by any other material.
(c) Notify the Regional Director for Region 12,
in writing, within 20 days from the date of this
Order, what steps have been taken to comply here-
with.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States
Government
WE WILL NOT make unilateral changes or
refuse to bargain collectively concerning rates
of pay, wages, hours, and other terms and con-
ditions of employment with Allied Services
Division, Brotherhood of Railway, Airline and
Steamship Clerks, Local 1902, affiliated with
Brotherhood of Railway, Airline & Steamship
Clerks, Freight Handlers & Station Employ-
ees, as the exclusive representative of the em-
ployees 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 represen-
tative of all employees in the bargaining unit
described below, with respect to rates of pay,
wages, hours, and other terms and conditions
of employment, and, if an understanding is
reached, embody such understanding in a
signed agreement. The bargaining unit is:
All taxi drivers, limousine drivers, dispatch-
ers, PBX operators, garage men and airport
starters, including mechanics, auto body
men helpers, lube men and general shop la-
borers employed by us at our Jacksonville,
Florida facility, excluding all other employ-
ees, office clerical employees, guards and su-
pervisors as deined in the Act.
JAX CABS, INC., D/B/A SAFETY CAB,
NEW DEAL CAB, YELLOW CAB AND
AIRPORT SERIVCE