Sameric Corp.

National Labor Relations Board - Board Decisions

Apr 4, 1979

241 N.L.R.B. 733 (N.L.R.B. 1979)

SAMERIC CORPORATION
Sameric Corporation and Chester, Pennsylvania Local
No. 516 of the International Alliance of Theatrical
Stage Employees and Moving Picture Operators of
the United States and Canada. Case 4 CA-9730
April 4, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND MURPHY
Upon a charge filed on November 1. 1978, by
Chester, Pennsylvania Local 516 of the International
Alliance of Theatrical Stage Employees and Moving
Picture Operators of the United States and Canada,
herein called the Union, and duly served on Sameric
Corporation, herein called Respondent, the General
Counsel of the National abor Relations Board, by
the Regional Director for Region 4, issued a com-
plaint and notice of hearing on December 13, 1978,
against Respondent. The complaint alleged, inter alia,
that on or about May 25, 1978, as a result of negotia-
tions related to a new collective-bargaining agree-
ment, Respondent and the Union reached agreement
concerning rates of pay, wages, hours of employment,
and other terms and conditions of employment for
employees in the bargaining unit, and that since on or
about June 6, 1978, Respondent has failed and re-
fused to sign a written contract embodying the terms
of that agreement. The complaint further alleged that
by the above-described conduct Respondent has en-
gaged in unfair labor practices affecting commerce
within the meaning of Section 8(a)(5) and (1) of the
Act. Respondent has not filed any answer to the com-
plaint.
On January 29, 1979, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on February 6,
1979, the Board issued an Order transferring the pro-
ceeding to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent failed
to file a response to the Notice To Show Cause.
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:
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 thereto.
The respondent shall specifically admit, deny, or
explain each of the facts alleged in the com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
such statement operating as a denial. All allega-
tions 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 admit-
ted to be true and shall be so found by the
Board, unless good cause to the contrary is
shown.
In addition, the complaint and notice of hearing
served on Respondent specifically stated that unless
an answer was filed to the complaint within 10 days
from the 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."
The time prescribed by Section 102.20 of the
Board's Rules and Regulations for the filing of an
answer to the complaint expired on December 26,
1978, and Respondent has given no reason for its fail-
ure to respond. Similarly, Respondent has not re-
sponded to the Board's Notice To Show Cause why
the General Counsel's Motion for Summary Judg-
ment should not be granted. Accordingly, pursuant to
Section 102.20 of the Board's Rules and Regulations,
Series 8, as amended, the allegations of the complaint
are hereby deemed to be admitted and are found to
be true, and we shall grant the General Counsel's
Motion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENT
Respondent Sameric Corporation is, and has been
at all times material herein, a corporation duly orga-
nized under, and existing by virtue of, the laws of the
Commonwealth of Pennsylvania; Respondent is en-
gaged in the public presentation of motion pictures at
various motion picture theaters located in the Com-
monwealth of Pennsylvania. During the past year,
Respondent had gross revenues exceeding $500,000,
and purchased, leased, or received films and other
merchandise and equipment valued in excess of
$50,000 which films, merchandise, and equipment
originated outside the Commonwealth of Pennsylva-
nia. On the basis of the foregoing, we find that Re-
spondent is, and has been at all times material herein,
an employer engaged in commerce within the mean-
ing of Section 2(6) and (7) of the Act, and that it will
241 NLRB No. 110
733
DIECISIONS OF NATIONAL LABOR RELATIONS BOARD
effectuate the policies of the Act to assert jurisdiction
herein.
11. Till LABOR ORGANIZATION INVOLVED
Chester, Pennsylvania Local No. 516 of the Inter-
national Alliance of Theatrical Stage Employees and
Moving Picture Operators of the United States and
Canada. is a labor organization within the meaning of
Section 2(5) of the Act.
111. THE UNFAIR I.ABOR PRACFI('ES
Richard Kane is, and has been at all times material
herein, general manager of Respondent, an agent of
Respondent acting on its behalf, and also a supervisor
of Respondent within the meaning of Section 2(1 1) of
the Act.
At all times material herein, Respondent and the
Union agreed to the following collective-bargaining
unit which constitutes a unit appropriate for collec-
tive-bargaining purposes within the meaning of Sec-
tion 9(b) of the Act:
All stage employees and moving machine opera-
tors employed by Respondent in Delaware
County, Pennsylvania; but excluding all other
employees, guards, and supervisors as defined in
the Act.
At all times material herein, Respondent has recog-
nized the Union as the representative for the purposes
of collective bargaining of the employees in the unit
described above, and by virtue of Section 9(a) of the
Act, the Union has been, and is now, the exclusive
representative of all the employees in said unit for the
purposes of collective bargaining with respect to rates
of pay, wages, hours of employment, and other terms
and conditions of employment.
On or about May 25, 1978, as a result of negotia-
tions related to a new collective-bargaining contract,
Respondent and the Union reached agreement con-
cerning rates of pay, wages, hours of employment,
and other terms and conditions of employment for
the employees in the collective-bargaining unit de-
scribed above.
Since on or about June 6, 1978, Respondent has
failed and refused to sign a written contract embody-
ing the terms of that agreement.
Accordingly, we find that since June 6, 1978, and at
all times thereafter, Respondent has interfered with,
restrained, and coerced employees in the exercise of
rights guaranteed in Section 7 of the Act, and that
Respondent has thereby engaged in unfair labor prac-
tices within the meaning of Section 8(a)(1) of the Act.
Further, we find that since June 6, 1978, and at all
times thereafter, Respondent has refused to bargain
collectively with the exclusive representative of its
employees, and that Respondent has thereby engaged
in unfair labor practices within the meaning of Sec-
tion 8(a)(5) of the Act.
IV. THE FFEC("I OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondent set forth in section
III, above, occurring in connection with its operations
described in section 1, above, have a close, intimate,
and substantial relationship to trade, traffic, and com-
merce among the several States and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE REMEDY
Having found that Respondent has engaged in, and
is engaging in, unfair labor practices within the mean-
ing of Section 8(a)(5) and (1) of the Act, we shall
order that it cease and desist therefrom and take cer-
tain affirmative action designed to effectuate the poli-
cies of the Act.
To remedy Respondent's violation of Section
8(a)(5) and (1) of the Act, we shall order that it ex-
ecute, sign, and give effect to all the terms and condi-
tions of said contract or, if the Union does not request
such execution, we shall order that Respondent bar-
gain collectively in good faith, upon request, with the
Union, as the exclusive collective-bargaining repre-
sentative of its employees in the said appropriate unit,
and, if an understanding is reached, embody such un-
derstanding in a signed contract.
We shall further order that Respondent make
whole the employees, in the unit found appropriate
herein, for any loss of benefits they may have suffered
from June 6, 1978, by reason of Respondent's failure
to give effect to said contract, to the date of compli-
ance with the Order herein. All moneys to be paid to
such employees shall be the sum total of the separate
amounts accruing to each employee under the catego-
ries of wages, overtime, holidays, vacations, and mis-
cellaneous, as computed in the manner prescribed in
Ogle Protection Service, Inc., 183 NLRB 682, 683
(1970), with interest thereon to be computed in the
manner prescribed in Florida Steel Corporation, 231
NLRB 651 (1977).'
We shall also order, if required by their contract,
that Respondent reimburse the Union for all mem-
bership dues which, since June 6, 1978, Respondent
has failed to withhold and transmit to the Union pur-
suant to signed dues-deduction authorizations and in
accordance with a checkoff provision of the collec-
tive-bargaining agreement, with interest computed
See, generally, Isis Plumbing & Hearing Co., 138 NLRB 716 (1962).
734
SAMERIC CORPORATION
thereon in the manner prescribed in Florida Steel
Corporation, supra.2
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCI.USIONS o)F LAW
I. Sameric Corporation is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. Chester, Pennsylvania Local No. 516 of the In-
ternational Alliance of Theatrical Stage Employees
and Moving Picture Operators of the United States
and Canada is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. All stage employees and moving machine opera-
tors employed by Respondent in Delaware County.,
Pennsylvania: but excluding all other employees,
guards, and supervisors as defined in the Act, consti-
tute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the
Act.
4. The above-named labor organization has been,
and now is, the exclusive representative of all employ-
ees in the aforesaid appropriate unit for the purpose
of collective bargaining within the meaning of Section
9(a) of the Act.
5. By refusing on or about June 6, 1978, and at all
times thereafter, to sign a written contract embodying
the terms of the collective-bargaining agreement
reached between Respondent and the above-named
labor organization, Respondent has refused to bar-
gain collectively with said labor organization as the
exclusive bargaining representative of all the employ-
ees of Respondent in the appropriate unit, and
thereby has engaged in, and is engaging in, unfair
labor practices within the meaning of Section 8(a)(5)
of the Act, as amended.
6. By the aforesaid refusal to bargain, Respondent
has interfered with, restrained, and coerced, and is
interfering with, restraining, and coercing, employees
in the exercise of the rights guaranteed them in Sec-
tion 7 of the Act, and thereby has engaged in, and is
engaging in, unfair labor practices within the mean-
ing of Section 8(a)(1) of the Act.
7. The aforesaid labor practices are unfair labor
practices affecting commerce within the meaning of
Section 2(6) and (7) of the Act.
2 Such dues reimbursement shall not be applicable to employees who vol-
untarily paid their dues to the Union during the pertinent period. Further,
the amount of backpay for those employees who would now benefit from
having their Employer remit their accrued dues to the Union, without ever
having such amounts deducted from their pay and who did not themselves
pay dues during the period in question. shall he reduced by the total amount,
if any, of the dues which would have been deducted from their pay pursuant
to signed dues-deduction authorizations and a checkoff provision In the col-
lective-bargaining agreement. had Respondent not failed to withhold and
transmit said dues to the Union. Ogle Protection Serice, Inc., supra at 683.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent,
Sameric Corporation, Delaware County, Pennsylva-
nia, its officers, agents, successors, and assigns, shall:
I. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages, hours, and other terms and con-
ditions of employment with Chester, Pennsylvania
Local No. 516 of the International Alliance of Theat-
rical Stage Employees and Moving Picture Operators
of the United States and Canada as the exclusive bar-
gaining representative of all its employees in the ap-
propriate unit.
(b) Refusing to sign or execute, in writing, the writ-
ten agreement reached with the Union or any other
collective-bargaining representative of its employees.
(c) In any like or related manner interfering with,
restraining, or coercing employees in the exercise 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 exclusive representative of all
employees in the aforesaid appropriate unit by ex-
ecuting forthwith the agreed-upon contract and by
honoring and complying with the provisions thereof;
or, if the Union does not request such execution, bar-
gain collectively in good faith, upon request, with the
Union, as the exclusive representative of its employ-
ees in the unit found appropriate; and, if an under-
standing is reached, embody such understanding in a
signed contract. The appropriate bargaining unit is:
All stage employees and moving machine opera-
tors employed by Respondent in Delaware
County, Pennsylvania; but excluding all other
employees, guards, and supervisors as defined in
the Act.
(b) Make whole the employees in the unit found
appropriate herein for any loss of benefits they may
have suffered since June 6, 1978, by reason of Re-
spondent's failure to execute and give effect to said
contract, in the manner set forth in the section of this
Decision entitled "The Remedy."
(c) If provided by their contract, reimburse the
Union for all membership dues which, since June 6,
1978, Respondent has failed to withhold and transmit
to the Union pursuant to signed dues-deduction au-
thorizations and in accordance with the checkoff pro-
visions of the agreed upon collective-bargaining
agreement, in the manner set forth in the section of
this Decision entitled "The Remedy."
(d) Post at its Delaware County, Pennsylvania,
735
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
places of business copies of the attached notice
marked "Appendix."3 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 Respondent immediately upon re-
ceipt thereof, and be maintained by it for 60 consecu-
tive days thereafter, in conspicuous places, including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered, de-
faced, or covered by any other material.
(e) Notify the Regional Director for Region 4, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply herewith.
3 In the event that this Order is enforced by a Judgment ofa 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."
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
with Chester, Pennsylvania Local No. 516 of the
International Alliance of Theatrical Stage Em-
ployees and Moving Picture Operators of the
United States and Canada as the exclusive bar-
gaining representative of all our employees in the
appropriate unit.
WE WILL NOT refuse to sign or execute, in writ-
ing, collective-bargaining agreements reached
with the union or any other collective-bargaining
representative.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them in
Section 7 of the National Labor Relations Act.
WE WILL, upon request of the aforesaid
Union, execute and give retroactive effect to the
collective-bargaining contract on which agree-
ment was reached on May 25, 1978, or, if the
Union does not request such execution, WE WILL
bargain collectively in good faith, upon request,
with the aforesaid Union as the exclusive collec-
tive-bargaining representative of our employees
in the unit found appropriate, with respect to
rates of pay, wages, hours, and other terms and
conditions of employment, and embody in an
agreement any understanding reached. The bar-
gaining unit is:
All stage employees and moving machine op-
erators employed by Respondent in Delaware
County, Pennsylvania; but excluding all other
employees, guards, and supervisors as defined
in the Act.
WE WILL reimburse our employees in the unit
found appropriate herein, for any loss of benefits
they may have suffered because we failed to sign,
execute, and give effect to such contract on June
6, 1978, and thereafter, with interest.
WE WILL reimburse said Union for all mem-
bership dues which, since June 6, 1978, were au-
thorized by our employees to be deducted but
which we failed to deduct and transmit to said
Union, with interest.
SAMERIC CORPORATION
736