Teamsters Local 307 (Ringsby Truck Lines)

National Labor Relations Board - Board Decisions

Sep 23, 1977

232 N.L.R.B. 323 (N.L.R.B. 1977)

TEAMSTERS LOCAL NO. 307
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, local No.
307 and Ringsby Truck Lines, Inc. Case 27-CB-
1103
September 23, 1977
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
PENELLO AND MURPHY
Upon a charge filed on March 14, 1977, by
Ringsby Truck Lines, Inc., herein called the Employ-
er, and fully served on International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, Local No. 307, herein called Respon-
dent, the General Counsel of the National Labor
Relations Board, by the Acting Regional Director for
Region 27, issued a complaint and notice of hearing
on April 20, 1977, against Respondent, alleging that
Respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the
meaning of Section 8(b)(l)(B) 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 July 18, 1977, counsel for the General Counsel
filed directly with the Board a Motion for Summary
Judgment with appendixes attached, and on July 25,
1977, an amendment thereto. Subsequently, on
August 3, 1977, the Board issued an order transfer-
ring 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
explain each of the facts alleged in the complaint,
unless the respondent is without knowledge, in
which case the respondent shall so state, such
232 NLRB No. 47
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, on July 7, 1977, the General
Counsel contacted John Spears, authorized business
representative for Respondent, who referred General
Counsel to John Rooney, Esq., as Rspondent's
counsel. (Mr. Rooney had not entered an appearance
in this matter.) Mr. Rooney's office was contacted
and informed of the General Counsel's intention to
file this motion if an answer to the complaint was not
filed by July 12, 1977. No answer had been filed as of
the date of filing of the Motion for Summary
Judgment and its amendment, and Respondent 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 THE EMPLOYER
Ringsby Truck Lines, Inc., 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 Nebraska and engaged in the interstate transpor-
tation of goods from its principal office and place of
business in Denver, Colorado, and its terminal in
Cheyenne, Wyoming. In the course and conduct of
its business operations, Ringsby Truck Lines, Inc.,
annually derives in excess of $200,000 gross revenue
from such operations.
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
323
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
III. THE UNFAIR LABOR PRACTICES
Respondent, by its officers, agents, and representa-
tives, restrained and coerced and is restraining and
coercing the Employer, in the selection of its
representatives for the purpose of collective bargain-
ing and the adjustment of grievances, by the
following acts and conduct:
I. On or about January 10, 1977, Respondent,
acting by and through John Spears, its secre-
tary/treasurer, advised Jeff DeLong, Bernard Rona,
and Lester Cooper, supervisors of the Employer at its
Cheyenne, Wyoming, location, and representatives
of the Employer for the purposes of collective
bargaining or the adjustment of grievances within the
meaning of Section 8(b)(1)(B) of the Act, that they
were being brought before the executive board of
Respondent on charges of crossing the picket line of
Respondent and performing work for the Employer.
2. On or about January 28, 1977, Respondent, by
its officers, agents, and representatives, levied fines
against the three above-named individuals because
they crossed Respondent's picket line and performed
work or services for the Employer.
3. At all times material herein, the three above-
named individuals were performing work or services
for the Employer as representatives for the purposes
of collective bargaining or the adjustment of griev-
ances and did not perform any substantial amount of
work within the bargaining unit represented by
Respondent.
Accordingly, we find that by the aforesaid conduct
Respondent has restrained and coerced the Employ-
er in the selection of its representatives for the
purposes of collective bargaining and adjustment of
grievances, and thereby has engaged in unfair labor
practices within the meaning of Section 8(b)(1)(B) of
the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent, set forth in section
111, 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.
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)(B) 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. Ringsby Truck Lines, Inc., is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America,
Local No. 307, 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 the Employ-
er in the selection of its representatives for the
purposes of collective bargaining and adjustment of
grievances and thereby has engaged in unfair labor
practices within the meaning of Section 8(b)( )(B) 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 that the Respondent,
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, Local No.
307, its officers, agents, and representatives, shall:
1. Cease and desist from restraining or coercing
Ringsby Truck Lines, Inc., in the selection of
representatives for the purpose of collective bargain-
ing or the adjustment of grievances:
(a) By fining, otherwise disciplining, or attempting
by any means to collect or enforce any fine or
discipline imposed against any such representatives,
including Jeff DeLong, Bernard Rona, and Lester
Cooper, who perform substantially only supervisory
functions for Ringsby Truck Lines, Inc., while
Respondent is engaged in a labor dispute with that
Employer.
324
TEAMSTERS LOCAL NO. 307
(b) By engaging in any like or related conduct
constituting such restraint or coercion.
2. Take the following affirmative action which,
we find, will effectuate the policies of the Act:
(a) Rescind and expunge from all records the fines
levied against Jeff DeLong, Bernard Rona, and
Lester Cooper after they had performed substantially
only supervisory functions for Ringsby Truck Lines,
Inc., while Respondent was engaged in a labor
dispute with that Employer.
(b) Advise Jeff DeLong, Bernard Rona, and Lester
Cooper, in writing, that the said fines have been
rescinded and expunged from all records.
(c) Post at its office and meeting halls copies of the
attached notice marked "Appendix."' Copies of said
notice, on forms provided by the Regional Director
for Region 27, 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.
(d) Mail to the Regional Director for Region 27
signed copies of the said notice for posting, if
Ringsby Truck Lines, Inc., is willing, at its Cheyenne,
Wyoming, location, in places where notices to
employees are customarily posted. Copies of said
notice, on forms provided by the Regional Director
for Region 27, after having been signed by Respon-
dent's representative, shall be forthwith returned to
the Regional Director for posting by Ringsby Truck
Lines, Inc.
(e) Notify the Regional Director for Region 27, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply here-
with.
i In the event Ihat 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 MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT restrain or coerce Ringsby Truck
Lines, Inc., in the selection of representatives for
the purpose of collective bargaining or the
adjustment of grievances:
(a) By fining, otherwise disciplining, or
attempting in any manner to collect or
enforce any fine or discipline heretofore
imposed against any such representatives,
including Jeff DeLong, Bernard Rona, and
Lester Cooper, who perform substantially
only supervisory functions for Ringsby
Truck Lines, Inc., while we are engaged in a
labor dispute with that Employer.
(b) By engaging in any like or related
conduct constituting such restraint or coer-
cion.
WE WILL rescind and expunge from all records
the fines levied by us against Jeff DeLong,
Bernard Rona, and Lester Cooper, after they had
performed substantially only supervisory func-
tions for Ringsby Truck Lines, Inc., while we
were engaged in a labor dispute with that
Employer, and WE WILL notify the above-named
employees, in writing, that we are rescinding the
fines and that we have expunged our records of
such fines.
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA,
LOCAL No. 307
325