Streator Glass and Mirror Company

National Labor Relations Board - Board Decisions

Jun 19, 1981

256 N.L.R.B. 732 (N.L.R.B. 1981)

732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Streator Glass and Mirror Company and Glaziers
Architectural Metal and Glass Workers Union
1164. Case 33-CA-5178
June 19, 1981
DECISION AND ORDER
Upon a charge filed on December 9, 1980, by
Glaziers Architectural Metal and Glass Workers
Union 1164, herein the Union, and duly served on
Streator Glass and Mirror Company, herein Re-
spondent, the General Counsel of the National
Labor Relations Board, by the Regional Director
for Region 33, issued a complaint on January 15,
1981, 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 complaint and notice of
hearing before an administrative law judge were
duly served on the parties to this proceeding. Re-
spondent to date has failed to file an answer to the
complaint.
With respect to the alleged unfair labor prac-
tices, the complaint alleges in substance that Re-
spondent has violated and is violating Section
8(a)(5) of the Act by refusing to bargain collective-
ly and in good faith with the Union as the exclu-
sive collective-bargaining representative of Re-
spondent's employees in the appropriate unit be-
cause of its failure to honor and abide by the terms
of its collective-bargaining contract with the
Union.
On April 20, 1981, the General Counsel filed di-
rectly with the Board a Motion for Summary Judg-
ment based upon Respondent's failure to file an
answer as required by Section 102.20 of the
Board's Rules and Regulations, Series 8, as amend-
ed. Subsequently, on April 23, 1981, the Board
issued an order transferring the proceeding to the
Board and a Notice To Show Cause why the Gen-
eral Counsel's Motion for Summary 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
256 NLRB No. 118
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 duly served
on Respondent specifically states that unless an
answer to the complaint is filed by Respondent
within 10 days of service thereof "all of the allega-
tions in said Complaint shall be deemed to be ad-
mitted to be true and may be so found by the
Board." The complaint issued on January 15, 1981,
and an order setting date, time, and place of hear-
ing issued on January 19, 1981. According to the
Motion for Summary Judgment, certified mail re-
ceipts show that these documents were in fact re-
ceived by Respondent on January 16 and 21, 1981,
respectively.
As noted, Respondent has not filed an answer to
the complaint, nor did it file a response to the
Notice To Show Cause and, therefore, the allega-
tions of the General Counsel's Motion for Sum-
mary Judgment stand uncontroverted. No good
cause to the contrary having been shown, in ac-
cordance with the rule set forth above, the allega-
tions of the complaint are deemed to be admitted
and are found to be true. Accordingly, we grant
the Motion for Summary Judgment.
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
Respondent is now, and has been at all times ma-
terial herein, an Illinois corporation with an office
and place of business located in Streator, Illinois,
where it is engaged in the business of the retail and
commercial sale and installation of glass products.
Respondent, during the past 12 months, which
period is representative of all times material herein,
in the course and conduct of its business oper-
ations, purchased and caused to be transferred and
delivered to its Streator, Illinois, facility goods and
materials valued in excess of $50,000 which were
transported to said facility directly from States
other than the State of Illinois. Respondent, during
the past 12 months, had a gross volume of business
in excess of $500,000.
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
STREATOR GLASS AND MIRROR COMPANY 733
that it will effectuate the policies of the Act to
assert jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
Glazier Architectural Metal and Glass Workers
Union 1164 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 the purposes of collec-
tive bargaining within the meaning of Section 9(b)
of the Act:
All full-time and regular part-time glaziers, but
excluding all professional employees, office
clerical employees, guards, and supervisors as
defined in the Act.
Since an unknown date in 1970, and at all times
since, a majority of the employees of Respondent,
in the unit described above, designated and selected
the Union as their representative for the purpose of
collective bargaining.
Since on or about 1971, and at all times material
herein, the Union has been the recognized designat-
ed collective-bargaining representative of Respond-
ent's employees in the above-described unit. Such
recognition has been embodied in successive collec-
tive-bargaining agreements between Respondent
and the Union, the most recent of which is effec-
tive by its terms for the period from May 22, 1980,
through May 21, 1983.
At all times material herein, by virtue of Section
9(a) of the National Labor Relations Act, as
amended, the Union has been, and is now, the ex-
clusive representative of the employees in the
above-described unit for the purposes of collective
bargaining with Respondent with respect to rates
of pay, wages, hours of employment, and other
terms and conditions of employment.
At all times material herein, the Union has re-
quested, and is requesting, Respondent to honor
the contract described above and to make all pay-
ments due the Union's pension and welfare funds
and all payments due to employees in the unit by
the terms of said contract. Since on or about June
23, 1980, Respondent has failed and refused to bar-
gain in good faith with the Union by the following
conduct: (1) since on or about June 23, 1980, Re-
spondent has failed and refused to make the re-
quired contractual contributions to the Union's In-
ternational Pension Fund and to the Illinois State
Painters Welfare Fund; (2) since on or about June
23, 1980, Respondent has failed and refused to
deduct vacation moneys and union dues and remit
said moneys and dues to the appropriate entities as
specified in the parties' collective-bargaining agree-
ment; (3) since on or about June 23, 1980, Re-
spondent has failed and refused to file pension and
health and welfare reports with the appropriate en-
tities as required by the parties' collective-bargain-
ing agreement; and (4) since on or about June 23,
1980, and continuing to date, Respondent has, by
the acts described above, repudiated its collective-
bargaining agreement with the Union.
Accordingly, we find that Respondent, by the
conduct described above, since on or about June
23, 1980, and at all times thereafter, has failed and
refused, and continues to fail and refuse, to bargain
collectively with the Union as the exclusive repre-
sentative of the employees in the appropriate unit,
and that, by such refusal, Respondent has engaged
in and is engaging 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.
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
take certain affirmative action designed to effectu-
ate the policies of the Act.
We shall order Respondent to cease and desist
from refusing to bargain with the Union. We shall
also order Respondent to cease and desist from re-
pudiating its contractual obligation to make certain
contractually required payments. We shall further
order Respondent to honor its contract with the
Union and to make the necessary and contractually
required payments.'
R Because the provisions of employee benefit fund agreements are ari-
able and complex, the Board does not provide at he adjudicatory stage
of a proceeding for the addition of interest at a fixed rate on unlawfully
withheld fund palnments W' leav e to the compliance stage the question
of whether Respondenli mlst pa) and additional amounts into the benefit
funds in order ito satisfy our "make-whole" remedy. These additional
amounts may be determined, depending upon the circumstances of each
case, by reference to prossios n the documenlst go'.erning the funds at
issue and, where here are no governing provisions, to evidence of ;an
Iass direclly attrihutable toi the unlawful withholding action, which might
include the loss of returl on in'estnlmnt of the portion of fund withheld.
additional adnlmiustatie costs, etc , hut not collateral losses Merrvnealher
Optical ('irompanv. 24) I RB 1213 1 1979)
734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Streator Glass and Mirror Company is an em-
ployer engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
2. Glaziers Architectural Metal and Glass Work-
ers Union 1164 is a labor organization within the
meaning of Section 2(5) of the Act.
3. The following employees of Respondent con-
stitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b)
of the Act:
All full-time and regular part-time glaziers, but
excluding all professional employees, office
clerical employees, guards, and supervisors as
defined in the Act.
4. Since 1971, the above-named labor organiza-
tion has been the exclusive representative of all em-
ployees in the aforesaid appropriate unit for the
purpose of collective bargaining within the mean-
ing of Section 9(a) of the Act.
5. By the acts described in section III, above,
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.
6. 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,
Streator Glass and Mirror Company, Streator, Illi-
nois, its officers, agents, successors, and assigns,
shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with Glazier
Architectural Metal and Glass Workers Union 1164
concerning rates of pay, wages, hours of employ-
ment, and other terms and conditions of employ-
ment, as the exclusive representative of the em-
ployees in the following unit:
All full-time and regular part-time glaziers, but
excluding all professional employees, office
clerical employees, guards, and supervisors as
defined in the Act.
(b) Refusing to bargain collectively with Gla-
ziers Architectural Metal and Glass Workers Union
1164 by repudiating its contract with the Union;
more specifically, by failing and refusing to make
required contributions to the Union's International
Pension Fund and to the Illinois State Painters
Welfare Fund; by failing and refusing to deduct va-
cation moneys and union dues and failing and re-
fusing to remit said moneys and dues to the appro-
priate entities as specified in the contract; and by
failing and refusing to file pension and health and
welfare reports with the appropriate entities as
specified in the contract.
(c) In any like or related manner interfering
with, restraining, or coercing its employees in the
exercise of the rights guaranteed them by 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.
(b) Give full force and effect to the parties' col-
lective-bargaining agreement and make the Union
and other entities specified in the contract whole
for any payments withheld but due under the con-
tract and make whole any employees who may
have suffered losses by the failure and refusal to
pay the above-described contractually required
benefits.
(c) File pension and health and welfare reports
with the appropriate entities as specified in the par-
ties' collective-bargaining agreement.
(d) Preserve and, upon request, make available to
the Board or its agents, for examination and copy-
ing, all payroll records, social security payment re-
cords, timecards, personnel records and reports,
and all other records necessary to analyze the
amount of backpay due under the terms of this
Order.
(e) Post at its facility in Streator, Illinois, copies
of the attached notice marked "Appendix." 2
Copies of said notice, on forms provided by the
Regional Director for Region 33, 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 Re-
spondent to insure that said notices are not altered,
defaced, or covered by any other material.
(f) Notify the Regional Director for Region 33,
in writing, within 20 days from the date of this
I In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the ords 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 Enforcinh an
Order of the National Labor Relations Hoard"
STREATOR GLASS AND MIRROR COMPANY 735
Order, what steps the Respondent has 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
with Glaziers Architectural Metal and Glass
Workers Union 1164 concerning rates of pays,
wages, hours of employment, and other terms
and conditions of employment, as the exclusive
representative of the employees in the follow-
ing unit:
All full-time and regular part-time glaziers,
but excluding all professional employees,
office clerical employees, guards, and super-
visors as defined in the Act.
WE WILL NOT refuse to bargain collectively
with the above-named labor organization by
repudiating our contract with that labor orga-
nization; more specifically, WE WILL NOT fail
and refuse to make contractually required con-
tributions to the Union's International Pension
Fund and to the Illinois State Painters Welfare
Fund; WE WILL NOT fail to refuse to deduct
vacation moneys and union dues and WE WILL
NOT fail and refuse to remit said moneys and
dues to the appropriate entities as specified in
our contract with the Union; and WE WILL
NOT fail and refuse to file pension and health
and welfare reports with the appropriate enti-
ties as specified in our contract with the
Union.
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 bargain with the above-named
labor organization as the exclusive representa-
tive of all employees in the above-described
appropriate unit with respect to rates of pay,
wages, hours, and other terms and conditions
of employment.
WE WILL give full force and effect to our
collective-bargaining agreement with the
Union and WE WILL make the Union and
other entities specified in the contract whole
for any payments due under the contract but
withheld by us and WE WILL make whole any
employees who may have suffered losses by
our failure and refusal to make the above-de-
scribed contractually required payments.
WE WILL file pension and health and wel-
fare reports with the appropriate entities as
specified in our contract with the Union.
STREATOR GLASS AND MIRROR COM-
PANY