Teamsters Local 676

National Labor Relations Board - Board Decisions

Jul 11, 1977

230 N.L.R.B. 729 (N.L.R.B. 1977)

TEAMSTERS LOCAL 676
Teamsters Local 676, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America and De Simone
Cadillac Co. Case 4-CB-2971
July 11, 1977
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
Upon a charge filed on November 18, 1976, by De
Simone Cadillac Co., herein called the Employer,
and duly served on Teamsters Local 676, affiliated
with the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America,
herein called the Respondent, the General Counsel
of the National Labor Relations Board, by the
Acting Regional Director for Region 4, issued a
complaint and notice of hearing on December 30,
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)(1)(A) and Section 2(6) and (7) 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. Respondent
failed to file an answer to the complaint.
On March 21, 1977, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on March 31,
1977, the Board issued an order transferring the
proceeding to the Board and a Notice To Show
Cause why the General Counsel's Motion for
Summary Judgment should not be granted. Respon-
dent did not file a response to the Notice To Show
Cause and therefore 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 of 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
Although the Board's policy favonng settlement of unfair labor
practices is well established, an offer of settlement does not excuse the
230 NLRB No. 109
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 of 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." Further, according to the
uncontroverted allegations of the Motion for Sum-
mary Judgment, by letter dated January 11, 1977,
attached to the motion as Exhibit 3, counsel for
Respondent notified the Regional Director that
Respondent did not, at that time, intend to file an
answer or to otherwise contest the complaint until
the Regional Director advised Respondent whether
he would be willing to settle the matter by entrance
of a Board order encompassing all the allegations of
the complaint but without any provision for a
consent judgment in the United States Court of
Appeals for the Third Circuit. Respondent had not
filed an answer as of March 16, 1977, the date of the
Motion for Summary Judgment, and has failed to file
a response to the Notice To Show Cause in which it
could have attempted to explain its failure to answer.
No good cause for failure to file an answer having
been shown,' in accordance with the rules set forth
above, the allegations of the complaint are deemed to
be admitted. Accordingly, we find as true all the
allegations of the complaint and 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 RESPONDENT
De Simone Cadillac Co. is, and has been at all
times material herein, a corporation duly organized
under, and existing by virtue of, the laws of the State
of New Jersey and engaged in the business of the
retail sale and service of automobiles from its
Pennsauken, New Jersey, location. De Simone's
annual gross revenues exceed $500,000 and its
obligation to file a timely answer to the complaint as required by Sec. 102.20
of the Board's Rules and Regulations. Series 8, as amended.
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
annual purchases from directly outside the State of
New Jersey exceed $50,000.
We find, on the basis of the foregoing, that the
Employer 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 that
it will effectuate the policies of the Act to assert
jurisdiction herein.
11. THE LABOR ORGANIZATION INVOLVED
Respondent is, and has been at all times material
herein, a labor organization within the meaning of
Section 2(5) of the Act.
Ill. THE UNFAIR LABOR PRACTICES
Respondent restrained and coerced employees in
the exercise of their rights guaranteed by Section 7 of
the Act by engaging in the following acts and
conduct in connection with the picketing of the
Employer's premises by employees of the Employer:
I. In early November 1976, Respondent, by its
agent Hank Greener, threatened bodily harm to an
employee of the Employer at or near the Employer's
premises.
2. On or about November 16 and 17, 1976, at or
near the Employer's premises, Respondent, through
its agents and representatives, blocked the ingress
and egress of employees of the Employer and
threatened bodily harm to them.
3. On or about November 17, 1976, at or near the
Employer's premises, Respondent, through its agents
and representatives, threatened an employee with
bodily harm and pointed guns at said employee.
Accordingly, we find that by the aforesaid conduct
Respondent has restrained and coerced employees in
the exercise of the rights guaranteed them under
Section 7 of the Act, and by such conduct Respon-
dent has engaged in unfair labor practices within the
meaning of Section 8(b)(1)(A) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of the Employer, set forth in section
II, above, occurring in connection with the Employ-
er's operations 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.
2 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
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(b)(l)(A) of the Act, we shall
order that it cease and desist therefrom and that it
take certain affirmative action as set forth below
designed to effectuate the purposes and policies of
the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. De Simone Cadillac Co. is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Teamsters Local 676, affiliated with the Inter-
national Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, is a labor
organization within the meaning of Section 2(6) and
(7) of the Act.
3. By the acts described in section III, above,
Respondent has restrained and coerced employees in
the exercise of the rights guaranteed to them in
Section 7 of the Act, and thereby has engaged in
unfair labor practices within the meaning of Section
8(b)(1)(A) of the Act.
4. The aforesaid unfair labor practices affect
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
Relations Board hereby orders the Respondent,
Teamsters Local 676, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, its officers, agents, and
representatives, shall:
1. Cease and desist from:
(a) Restraining or coercing employees in the
exercise of the rights guaranteed them under Section
7 of the Act by threatening bodily harm, by pointing
guns at them, and by blocking their ingress and
egress.
(b) In any other manner restraining or coercing
employees in the exercise of their Section 7 rights.
2. Take the following affirmative action necessary
to effectuate the policies of the Act:
(a) Post at its office and meeting halls copies of the
attached notice marked "Appendix." 2 Copies of said
notice, on forms provided by the Regional Director
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
730
TEAMSTERS LOCAL 676
for Region 4, after being duly signed by Respon-
dent's representative, shall be posted by Respondent
immediately upon receipt thereof, and be maintained
by it for 60 consecutive days thereafter, in conspicu-
ous places, including all places where notices to
members are customarily posted. Reasonable steps
shall be taken by Respondent to insure that said
notices are not altered, defaced, or covered by any
other material.
(b) Mail to the Regional Director for Region 4
signed copies of the said notice for posting, if De
Simone Cadillac Co., is willing, at its Pennsauken,
New Jersey, location, in places where notices to
employees are customarily posted. Copies of said
notice, on forms provided by the Regional Director
for Region 4, after having been signed by the
Respondent's representative, shall be forthwith re-
turned to the Regional Director for posting by De
Simone Cadillac Co.
(c) Notify the Regional Director for Region 4, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT restrain or coerce employees in
the exercise of the rights guaranteed them under
Section 7 of the Act by threatening bodily harm,
by pointing guns at them, and by blocking their
ingress and egress.
WE WILL NOT in any other manner restrain or
coerce employees in the exercise of their Section 7
rights.
TEAMSTERS LOCAL 676,
AFFILIATED WITH THE
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA
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