Sign Expo, Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1998

327 N.L.R.B. 35 (N.L.R.B. 1998)

SIGN EXPO, INC. 35
Sign Expo, Inc. and Local 137, Sheet Metal Workers’
International Association, AFL–CIO. Case 2–
CA–31340
October 30, 1998
DECISION AND ORDER
BY MEMBERS LIEBMAN, HURTGEN, AND
BRAME
Upon a charge and an amended charge filed by the Un-
ion on March 24 and May 12, 1998, the Acting General
Counsel of the National Labor Relations Board issued a
complaint on June 18, 1998, against Sign Expo, Inc., the
Respondent, alleging that it has violated Section 8(a)(1)
and (5) of the National Labor Relations Act. Subse-
quently, on August 2, 1998, the Respondent filed an an-
swer to the complaint. On September 25, 1998, how-
ever, the Respondent withdrew its answer.
On October 5, 1998, the Acting General Counsel filed
a Motion for Summary Judgment with the Board. On
October 6, 1998, 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 no response. The allegations in the motion are
therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide that the allegations in the complaint
shall be deemed admitted if an answer is not filed within
14 days from service of the complaint, unless good cause
is shown. In addition, the complaint affirmatively notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Further, the undisputed allegations in the Mo-
tion for Summary Judgment disclose that the Respon-
dent, on September 25, 1998, withdrew its answer to the
complaint. Such a withdrawal has the same effect as a
failure to file an answer, i.e., the allegations in the com-
plaint must be considered to be admitted to be true.1
Accordingly, based on the withdrawal of the Respon-
dent’s answer to the complaint, we grant the Acting Gen-
eral Counsel’s Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation
with an office and place of business at 725 11th Avenue,
New York, New York, has been engaged in the manufac-
ture and installation of signs. Annually, the Respondent,
in conducting its business operations described above,
purchases and receives at its New York, New York facil-
ity, from suppliers located within the State of New York,
materials, goods, and supplies valued at more than
$50,000, which goods and supplies originated from out-
side the State of New York. 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.

1 See Maislin Transport, 274 NLRB 529 (1985).
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following employees of the
Respondent (the unit) constitute a unit appropriate for the
purposes of collective bargaining within the meaning of
Section 9(b) of the Act:

All full time and regular part time sign makers and in-
stallers employed by the Employer at its facility located
at 725 11th Avenue, New York, NY, excluding all
other employees, including office clericals, and guards,
professional employees and supervisors as defined in
the Act.

Since April 2, 1997, and at all material times, the Un-
ion has been the designated exclusive collective-
bargaining representative of the unit. On or about April
2, 1997, the Respondent voluntarily agreed to recognize
and bargain with the Union as part of an informal settle-
ment agreement in Case 2–CA–30079, and since that
date, the Respondent has recognized the Union as the
representative. At all material times, based on Section
9(a) of the Act, the Union has been the exclusive collec-
tive-bargaining representative of the unit.
On or about September 8, 1997, the Respondent and
the Union met and exchanged bargaining proposals for
an initial collective-bargaining agreement. On or about
September 24 and October 21, 1997, the Union, by letter,
requested that the Respondent continue to meet and bar-
gain with it for an initial collective-bargaining agree-
ment. Since on or about September 24 and October 21,
1997, the Respondent has failed and refused to meet and
bargain with the Union for an initial collective-
bargaining agreement.
On or about September 24 and October 21, 1997, the
Union, by letter, requested that the Respondent furnish it
with the following information:

1. A list of current employees, including their
names, dates of hire, rates of pay, job classification,
last known address, date of completion of any proba-
tionary period, and Social Security number.
2. A copy of all current company personnel poli-
cies, practices, or procedures.
3. A statement and description of all company
personnel policies, practices, and procedures other
than those mentioned in Number 2 above.
4. A copy of all company fringe benefit plans, in-
cluding pension, profit sharing, severance, stock in-
centive, vacation, sick days, health and welfare, ap-
327 NLRB No. 12
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 36
prenticeship, training, legal services, child care, or
any other plans which relate to employees.
5. Copies of all job descriptions.
6. Copies of any company wage or salary plans.
7. Copies of all disciplinary notices, warnings, or
records of disciplinary personnel actions.
8. A statement and description of all wage and
salary plans which are not provided under Number 6
above.
9. The regular day of the week your employees
receive their pay, how the employees are paid, by
cash or check, if by, the company policy for allow-
ing employees to cash their checks on company
time, the name and location of the bank the company
has the check cashing arrangement with.

With the exception of employee social security num-
bers, the information requested by the Union is necessary
for, and relevant to, the Union’s performance of its duties
as the exclusive collective-bargaining representative of
the unit employees.2 Since on or about September 24
and October 21, 1997, the Respondent has failed and
refused to furnish the Union with the information re-
quested by it.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has failed and refused to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees, and has thereby 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 cer-
tain 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. Specifically, having
found that the Respondent has violated Section 8(a)(5)
and (1), we shall order the Respondent to meet and bar-
gain with the Union as the exclusive collective-
bargaining representative of the unit employees, and to
furnish the Union with the information it requested on
September 24 and October 21, 1997, with the exception
of employees’ social security numbers.
ORDER
The National Labor Relations Board orders that the
Respondent, Sign Expo Inc., New York, New York, its
officers, agents, successors, and assigns, shall

2 The Board has held that social security numbers are not presump-
tively relevant. Accordingly, in the absence of a showing here of their
potential or probable relevance, we dismiss the allegation concerning
the failure to provide social security numbers. See, American Gem
Sprinkler Co., 316 NLRB 102, 104 fn. 7 (1995); Turner-Brooks of
Ohio, 310 NLRB 856, 857 fn. 1 (1993) enfd. mem. 9 F.3d 108 (6th Cir.
1993); and Sea-Jet Trucking Corp., 304 NLRB 67 (1991).
1. Cease and desist from
(a) Failing and refusing to bargain with Local 137,
Sheet Metal Workers’ International Association, AFL-
CIO, as the exclusive collective-bargaining representa-
tive of the employees in the following appropriate unit:

All full time and regular part time sign makers and in-
stallers employed by the Employer at its facility located
at 725 11th Avenue, New York, NY, excluding all
other employees, including office clericals, and guards,
professional employees and supervisors as defined in
the Act.

(b) Failing to furnish the Union with information that
is relevant and necessary to its role as the exclusive col-
lective-bargaining representative of the unit employees.
(c) 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 in good faith with the Union as
the exclusive collective-bargaining representative of the
unit employees concerning terms and conditions of em-
ployment and, if an understanding is reached, embody
the understanding in a signed agreement.
(b) Furnish the Union with the information it requested
on September 24 and October 21, 1997, with the excep-
tion of employees’ social security numbers.
(c) Within 14 days after service by the Region, post at
its facility in New York, New York, copies of the at-
tached notice marked “Appendix.”3 Copies of the notice,
on forms provided by the Regional Director for Region
2, 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. Reasonable steps shall be taken
by the Respondent to ensure that the notices are not al-
tered, 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 the facil-
ity involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice to all current employees and former employees em-
ployed by the Respondent at any time since September
24, 1997.
(d) 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.
3 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.”
SIGN EXPO, INC. 37

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 vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail and refuse to bargain with Local
137, Sheet Metal Workers’ International Association,
AFL–CIO, as the exclusive collective-bargaining repre-
sentative of our employees in the following appropriate
unit:

All full time and regular part time sign makers and in-
stallers employed by us at our facility located at 725
11th Avenue, New York, NY, excluding all other em-
ployees, including office clericals, and guards, profes-
sional employees and supervisors as defined in the Act.
WE WILL NOT fail to furnish the Union with informa-
tion that is relevant and necessary to its role as the exclu-
sive collective-bargaining representative of the unit em-
ployees.
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 in good faith with the
Union as the exclusive collective-bargaining representa-
tive of the unit employees, and put in writing and sign
any agreement reached on terms and conditions of em-
ployment.
WE WILL furnish the Union with the information it
requested on September 24 and October 21, 1997, with
the exception of employees’ social security numbers.

SIGN EXPO, INC.