Teamsters Local 777

National Labor Relations Board - Board Decisions

Apr 25, 1977

229 N.L.R.B. 263 (N.L.R.B. 1977)

TEAMSTERS LOCAL 777
Teamsters Local 777, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Hel-
pers of America and Spurgeon Mercantile Compa-
ny. Case 13-CB-6851
April 25, 1977
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
PENELLO AND WALTHER
Upon a charge filed on September 21, 1976, by
Spurgeon Mercantile Company, herein called the
Employer, and duly served on Teamsters Local 777,
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, herein
called the Respondent Union, the General Counsel
of the National Labor Relations Board, by the
Regional Director for Region 13, issued a complaint
and notice of hearing on November 5, 1976, against
Respondent, alleging that Respondent had engaged
in and was engaging in unfair labor practices
affecting commerce within the meaning of Section
8(b)(3) and 8(d) of the National Labor Relations Act,
as amended. Copies of the charge, complaint, and
notice of hearing before an Administrative Law
Judge were duly served on the parties to this
proceeding. The Respondent failed to file an answer
to the complaint.
On December 23, 1976, counsel for the General
Counsel filed directly with the Board a "Motion for
Order Transferring Proceeding to National Labor
Relations Board and for Summary Judgment," with
exhibits attached, based on Respondent's failure to
file an answer as required by Section 102.20 of the
Board's Rules and Regulations, Series 8, as amended.
The order transferring the proceeding to the Board
and Notice To Show Cause was issued by the Board
on January 3, 1977. The Respondent filed no
response to the Notice To Show Cause and,
accordingly, the allegations of the Motion for
Summary Judgment stand uncontroverted.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority 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 ot the Board's Rules and Regula-
tions provides:
The respondent shall, within 10 days from the
service of the complaint, file an answer thereto.
The respondent shall specifically admit, deny, or
229 NLRB No. 50
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
Respondent specifically stated that unless an answer
to the complaint was filed within 10 days from the
service thereof "all of the allegations in the Com-
plaint shall be deemed to be admitted to be true and
may be so found by the Board." According to the
uncontroverted allegations of the Motion for Sum-
mary Judgment, counsel for the General Counsel
spoke with Respondent's vice president on six
different occasions, after Respondent's answer was
due, regarding Respondent's failure to file an answer.
Finally, on December 15, 1976, Respondent's vice
president stated to counsel for General Counsel that
Respondent did not intend to file an answer to the
complaint. As noted above, Respondent has failed to
file an answer to the complaint and has failed to file
a response to the Notice To Show Cause.
Accordingly, under the rule set forth above, no
good cause having been shown for the failure to file a
timely answer, the allegations of the complaint are
deemed admitted and are found to be true, and we
shall grant the Motion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Spurgeon Mercantile Company is, and has been at
all times material herein, an Illinois corporation with
a place of business located at 109 North Peoria,
Chicago, Illinois, where it is engaged in the sale of
retail goods. Spurgeon's facility at 109 North Peoria,
Chicago, Illinois, is the only facility involved in this
proceeding. During the past calendar year, a repre-
sentative period, Spurgeon, in the course and
conduct of its business operations, did a gross
volume of business in excess of $500,000 and
purchased and received at its North Peoria location
goods valued in excess of $150,000 from points
directly outside the State of Illinois.
We find, on the basis of the foregoing, that the
Employer is, and has been at all times material
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Teamsters Local 777, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America is a labor organization within the
meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
Since July 26, 1976, and continuing to date,
Respondent has been, and is now, the exclusive
bargaining representative of the following appropri-
ate unit of Spurgeon's employees:
All employees at Spurgeon's facility at 109 N.
Peoria, Chicago, Illinois, but excluding all office
clerical employees, guards, and supervisors as
defined in the Act.
On September 2, 1976, Respondent, after collective-
bargaining negotiations, reached full agreement with
the Employer on the terms of a collective-bargaining
agreement covering the employees in the unit
described above. Since September 8, 1976, and
continuing to date, Respondent has refused, al-
though requested by the Employer, to sign such
agreement. By refusing, since September 8, 1976, and
at all times thereafter, to sign the collective-bargain-
ing agreement reached with the Employer on
September 2, 1976, Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(bX3) and 8(d) of the Act.
The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) 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 the opera-
tions described in section I, above, have a close,
intimate, and substantial relationship to trade,
traffic, and commerce among the several States and
tend to lead to labor disputes burdening and
obstructing 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(b)(3) and 8(d) of the Act, we
shall order that it cease and desist therefrom and take
certain affirmative action designed to effectuate the
policies of the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Spurgeon Mercantile Company is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Teamsters Local 777, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, is a labor organization within
the meaning of Section 2(5) of the Act.
3. All employees at Spurgeon's facility at 109
North Peoria, Chicago, Illinois, but excluding all
office clerical employees, 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 July 26, 1976, and continuing to date,
Respondent has been, and is now, the exclusive
bargaining representative of all employees in the
aforesaid approriate unit for the purpose of collective
bargaining within the meaning of Section 9(a) of the
Act.
5. By refusing since September 8. 1976, and at all
times thereafter, to sign the collective-bargaining
agreement reached with the Employer on September
2, 1976, covering the employees in the aforesaid
appropriate unit, Respondent has engaged in and is
engaging in unfair labor practices within the meaning
of Section 8(b)(3) and 8(d) of the Act.
6. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing 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
Relations Board hereby orders that the Respondent,
Teamsters Local 777, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, its officers, agents, and representatives,
shall:
I. Cease and desist from refusing to bargain
collectively in good faith with Spurgeon Mercantile
Company by refusing to sign the collective-bargain-
ing agreement reached with Spurgeon Mercantile
Company on September 2, 1976, covering the
employees in the following appropriate unit:
All employees at Spurgeon's facility at 109 N.
Peoria, Chicago, Illinois, but excluding all office
264
TEAMSTERS LOCAL 777
clerical employees, guards, and supervisors as
defined in the Act.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the Act:
(a) Upon request, sign the collective-bargaining
agreement which Respondent reached with Spurgeon
Mercantile Company on September 2, 1976.
(b) Post at its business offices and meeting halls
copies of the attached notice marked "Appendix."'
Copies of said notice, on forms provided by the
Regional Director for Region 13, 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 members are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered,
defaced, or covered by any other material.
(c) Deliver to the Regional Director for Region 13
signed copies of said notice in sufficient numbers to
be posted by Spurgeon Mercantile Company, if
willing, at its 109 North Peoria, Chicago, Illinois,
facility where notices to employees are customarily
posted.
(d) Notify said Regional Director, in writing,
within 20 days from the date of this Order, what
steps have been taken to comply herewith.
I In the event that 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 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 in
good faith with Spurgeon Mercantile Company
by refusing to sign the collective-bargaining
agreement reached on September 2, 1976, cover-
ing the employees in the following appropriate
unit:
All employees at Spurgeon's facility at 109
N. Peoria, Chicago, Illinois, but excluding
all office clerical employees, guards, and
supervisors as defined in the Act.
WE WILL, upon request, sign the collective-
bargaining agreement which we reached with
Spurgeon Mercantile Company on September 2,
1976.
TEAMSTERS LOCAL 777,
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA
265