Sellberg'S Tavern

National Labor Relations Board - Board Decisions

Nov 21, 1985

277 N.L.R.B. 623 (N.L.R.B. 1985)

SELLIBERG'S TAVERN
Sellberg's Tavern and Culinary Alliance No. 425,
Hotel Employees and Restaurant Employees
International Union, AFL-CIO. Case 36-CA--
4950
21 November 1985
DECISION AND ORDER
By CHAIRMAN DOTSON AND MEMBERS
DENNIS AND JOHANSEN
Upon a charge filed by the Union 20 May 1985,
the General Counsel of the National Labor Rela-
tions Board issued a complaint 25 June 1985 against
the Company, the Respondent, alleging that it has
violated Section 8(a)(1) and (5) of the National
Labor Relations Act. Although properly served
copies of the charge and complaint, the Company
has failed to file an answer.
On 12 August 1985 the General Counsel filed a
Motion for Summary Judgment. On 14 August
1985 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
Company filed no response. The allegations in the
motion are therefore undisputed.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions provides that the allegations in the complaint
shall be deemed admitted if an answer is not filed
within 10 days from service of the complaint,
unless good cause is shown. The complaint states
that unless an answer is filed within 10 days of
service, "all the allegations in the complaint shall
be deemed to be admitted to be true and shall be so
found by the Board." Further, the undisputed alle-
gations in Motion for Summary Judgment disclose
that the General Counsel, by letter dated 10 July
1985, notified the Company that unless an answer
was received immediately, a Motion for 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 Summary Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
1. JURISDICTION
The Company, a State of Washington corpora-
tion, is engaged in the retail sale of food and bever-
ages at its facility in Vancouver, Washington,
623
where it annually derived gross revenues in excess
of $500,000, and purchased and caused to be trans-
ferred and delivered to its facilities within the State
of Washington goods and materials valued in
excess of $25,000 directly from sources outside the
State, or from suppliers within the State which in
turn obtained such goods and materials directly
from sources outside the State. We find that the
Company is an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the
Act and that the Union is a labor organization
within the meaning of Section 2(5) or the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
The Union is the collective-bargaining represent-
ative of the employees in the following appropriate
unit:
All employees listed in Schedule "A" of the
collective bargaining agreement excluding all
other employees, office clerical employees,
guards and supervisors as defined in the Act.
The Respondent and the Union entered into a
collective-bargaining agreement covering the em-
ployees in the unit on 2 September 1982. The con-
tract expired by its terms on 31 May 1985. The col-
lective-bargaining agreement was timely opened by
the Union in a letter dated 26 March 1985. A spe-
cific demand to meet and bargain was also made in
the same letter. The Union received no reply from
the Respondent concerning the 26 March 1985
letter. A second specific demand by the Union to
meet and bargain was made in a letter dated 1 May
1985. No reply was received by the Union to the 1
May 1985 letter. Telephone messages by the Union
requesting a return call from the Respondent were
made from April 1985 through May 1985. No tele-
phone calls were returned by the Respondent.
Since about 8 March 1985, and again on 19 and 26
March 1985, the Union, by letter, has requested the
Respondent to furnish the Union with names and
addresses of all employees covered by the collec-
tive-bargaining agreement. Since about 2 April
1985, and again on 1 May 1985, the Union, by
letter, has requested the Respondent to furnish the
Union the names, addresses, telephone numbers,
and payroll records of all employees covered by
the collective-bargaining agreement. The informa-
tion requested by the Union is necessary for, and
relevant to, the Union's performance of its function
as the exclusive collective-bargaining representative
of the unit. Since about 8 March 1985, the Re-
spondent has failed and refused to furnish the
Union the requested information.
277 NLRB No. 69
624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. At all times material herein the Union has
been and now is the exclusive bargaining represent-
ative of all employees in the following unit appro-
priate for the purpose of collective bargaining with
respect to wages, hours, and other terms and con-
ditions of employment:
All employees listed in Schedule "A" of the
collective bargaining agreement excluding all
other employees, office clerical employees,
guards and supervisors as defined in the Act.
2. By refusing since about 8 March 1985 to meet
and bargain with the Union, as requested, with re-
spect to wages, hours, and other terms and condi-
tions of employment of employees in the bargain-
ing unit; by failing and refusing since about 8
March 1985 to furnish the Union, as it requested in
letters dated 8, 19, and 26 March 1985, with the
names and addresses of all employees covered by
the collective-bargaining agreement; and by refus-
ing since about 2 April 1985, and again on 1 May
1985, the Union's requests by letters, to furnish the
Union the names, addresses, telephone numbers,
and payroll records of all employees covered by
the collective-bargaining agreement, such informa-
tion being necessary for, and relevant to, the
Union's performance of its function as the exclusive
collective-bargaiing representative of the employ-
ees in the unit, the Respondent has engaged in
unfair labor practices affecting commerce within
the meaning of Section 8(a)(1) and (5) 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 designed to effectuate the policies of the
Act.
As for the Respondent's unlawful refusal to meet
and bargain with the Union, we shall order the Re-
spondent, on request, to bargain with the Union re-
garding wages, hours, and other terms and condi-
tions of employment of the unit employees and, if
an understanding is reached, to embody the under-
standing in a signed agreement. We shall also order
the Respondent to provide the Union with the in-
formation it requested since about 8 March 1985.
ORDER
The National Labor Relations Board orders that
the Respondent, Sellberg's Tavern, Vancouver,
Washington, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Refusing to meet and bargain with the Union
as the exclusive representative of its employees in
the appropriate bargaining unit described below
concerning their wages, hours, and other terms and
conditions of employment. The appropriate unit is:
All employees listed in Schedule "A" of the
collective bargaining agreement excluding all
other employees, office clerical employees,
guards and supervisors as defined in the Act.
(b) Failing and refusing to provide the Union, on
request, with information necessary for, and rele-
vant to, the Union's performance of its function as
the exclusive collective-bargaining representative
of the bargaining unit employees.
(c) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) On request, bargain in good faith with the
Union as the exclusive bargaining representative of
the employees in the bargaining unit regarding
their wages, hours, and other terms and conditions
of employment and, if an understanding is reached,
embody the understanding in a signed agreement.
(b) On request, provide the Union with the infor-
mation it has requested since about 8 March 1985
or any other information which is relevant to its
function as the exclusive representative of the bar-
gaining unit employees.
(c) Post at its facility in Vancouver, Washington,
copies of the attached notice marked "Appendix."'
Copies of the notice, on forms provided by the Re-
gional Director for Region 19, after being signed
by the Respondent's authorized representative,
shall be posted by the Respondent immediately
upon receipt 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.
(d) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
i 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 Nation-
al 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 "
SELLBERG'S TAVERN 625
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 the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to meet and bargain with
the Union as the exclusive representative of our
employees in the appropriate bargaining unit de-
scribed below concerning their wages , hours, and
other terms and conditions of employment . The ap-
propriate unit is:
All employees listed in Schedule "A" of the
collective bargaining agreement excluding all
other employees , office clerical employees,
guards and supervisors as defined in the Act.
and relevant to, the Union's performance of its
function as the exclusive collective-bargaining rep-
resentative of the bargaining unit employees.
WE WILL NOT in any like or related mariner
interfere with, restrain, or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
WE WILL, on request, bargain in good faith with
the Union as the exclusive bargaining representa-
tive of the employees in the bargaining unit regard-
ing their wages, hours, and other terms and condi-
tions of employment and, if an understanding is
reached, embody the understanding in a signed
agreement.
WE WILL, on request, provide the Union with
the information it has requested since about 8
March 1985 or any other information which is rele-
vant to its function as the exclusive representative
of the bargaining unit employees.
WE WILL NOT fail and refuse to provide the SELLBERG'S TAVERN
Union, on request, with information necessary for,