Union Craft

National Labor Relations Board - Board Decisions

Dec 21, 1981

259 N.L.R.B. 787 (N.L.R.B. 1981)

UNION CRAFT 787
Union Craft and Resilient Floor & Decorative Cov- The respondent shall, within 10 days from the
ering Workers Local Union No. 1179, Interna- service of the complaint, file an answer there-
tional Brotherhood of Painters and Allied to. The Respondent shall specifically admit,
Trades of North America and Canada. Case 17- deny, or explain each of the facts alleged in
CA 10198 the complaint, unless the respondent is without
December 21, 1981 knowledge, in which case the respondent shall
so state, such statement operating as a denial.
DECISION AND ORDER All allegations in the complaint, if no answer
is filed, or any allegation in the complaint not
BY CHAIRMAN VAN DE WATER AND specifically denied or explained in an answer
MEMBERS FANNING AND HUNTER filed, unless the respondent shall state in the
Upon a charge filed on February 24, 1981, by answer that he is without knowledge, shall be
Resilient Floor & Decorative Covering Workers deemed to be admitted to be true and shall be
Local Union No. 1179, International Brotherhood so found by the Board, unless good cause to
of Painters and Allied Trades of North America the contrary is shown.
and Canada, herein called the Union, and duly According to the uncontroverted allegations of
served on Union Craft, herein called Respondent, the Motion for Summary Judgment, on May 5,
the General Counsel of the National Labor Rela- 1981, after certified mail was returned unclaimed,
tions Board, by the Regional Director for Region counsel for the General Counsel personally served
17, issued a complaint on March 30, 1981, against Respondent's president and owner with copies of
Respondent, alleging that Respondent had engaged the charge, and the complaint and notice of hear-
in and was engaging in unfair labor practices af- ing. The complaint and notice of hearing served on
fecting commerce within the meaning of Section Respondent specifically states that, unless an
8(a)(5) and (1), Section 8(d), and Section 2(6) and answer to the complaint is filed by Respondent
(7) of the National Labor Relations Act, as amend- within 10 days from the service thereof, "all of the
ed. Copies of the charge and the complaint and allegations in the complaint shall be deemed to be
notice of hearing before an administrative law admitted to be true and may be so found by the
judge were duly served on the parties to this pro- Board." According to the further uncontroverted
ceeding. Respondent failed to file an answer to theceeding. Rspon e an answerallegations of the Motion for Summary Judgment,
complaint. -,,, on May 19, 1981, counsel for the General Counsel
On August 7, 1981, counsel for the General mailed a letter to Respondent reiterating the re-
Counsel filed directly with the Board a Motion To irement that Respondent filed an answer to the
Transfer Proceeding to the Board and for Sum- complaint and stating that counsel for the General
mary Judgment, with exhibits attached, based upon Counsel would consider filing a motion for sum-
Respondent's failure to file an answer as required m
by Section 102.20 of the National Labor Relations mary judgent if an answer wasnot iled
Board Rules and Regulations, Series 8, as amended. 1 No aner has led
On August 12, 1981, the Board issued an order Accordingly, under the rule set forth above, no
transferring the proceeding to the Board and a good cause having been shown for the failure to
Notice To Show Cause why the General Counsel's p t r l sel's file a timely answer, the allegations of the com-
Motion for Summary Judgment should not be plaint are deemed admitted and are found to be
granted. Respondent has filed no response to the true and we shall grant the General ounsel's
Notice To Show Cause and, accordingly, the alle- Motion for Summary Judgment.
gations of the Motion for Summary Judgment On the basis of the entire record, the Board
stand uncontroverted. makes the following:
Pursuant to the provisions of Section 3(b) of the FINDINGS OF FACT
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au- I. THE BUSINESS OF RESPONDENT
thority in this proceeding to a three-member panel.
Uporin the entire record in this proceeding, the Respondent is, and has been at all times material
Board makes the following: herein, a sole proprietorship engaged in the instal-
lation of carpeting at various facilities including a
lin o te Mio fr S ry J en facility located at 14200 Midland Drive, ShawneeRuling on the Motion for Summary Judgment Respondent, in the course andMission, Kansas. Respondent, in the course and
Section 102.20 of the Board's Rules and Regula- conduct of its business operations within the State
tions, Series 8, as amended, provides as follows: of Kansas, annually sells goods and services valued
259 NLRB No. 59
A m e r i ca a n d ad a . a se 17
, l t t i it t
,
is filed, or any allegation in t e c lai t not
i
ll t t i t
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ti r , t i l ir t f i r l l na l r
, i l i t , , i t ' i
t, ll i t t t l i
i i i f ir l ti f l i t ri r
f ti r it i the eaning f ection espondent specifically states that, unless an
), ti ti l i t l
l l r i r of,
. i t l i l i ll
ti f ri f r i i t ti l
j r l r t ti t t i .
cee^ing. Resp o nde t fail d t file a n a n sw e r to the allegations
complaint. - ,.-,,, , 19, 1981, c s l f r t r l l
t , , l f r t r l il l tt r t t r it r ti t r -
s l fil ir tl it t r ti ir t t t t fil
r f r r i t t r f - l l
r t, it i it tt , l
s t's f il r t fil r s r ir j if a a wa n f bM
ti . f t ti l r l ti 2m a r y1 j u d g e n ta f ans a n sw e r w asf n o t. i le d
r l l ti , ri , . Acco under he ruled.
t 12, 1981, t oard issued an order ccordingly, under the rule set forth above, no
f rri i fi i
ti r l f l e ain ^ re man s e rd t h allegations of the cob-
ti f r ry Judg ent should not be platnt are dee ed ad itted and are found to be
r t . t fil r t t t r u e , hall r t t r l C l.
r i l , l M o t l o n f o r r t.
t h e b as s t h e e n t r e r e c o r d , t h e B o a
k e s
ti ( ) f t FINDINGS OF FACT
- . .
Upon the entire record in this proceedingth m p
e nt i , ll
Board makes the follo ing: p
h e r e , a so l e Pr ri t i
ti i
Ruling on the otion or umma udgm t ili ll i f t ^^ ^ epnet ntecus n
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788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in excess of $50,000 directly to customers located ing the terms and conditions of employment of the
outside the State of Kansas. employees in the unit described in section III, A,
We find, on the basis of the foregoing, that Re- above. Pursuant to this agreement, Respondent is
spondent is, and has been at all times material required to make payments into the pension fund,
herein, an employer engaged in commerce within health and welfare fund, holiday and vacation fund,
the meaning of Section 2(6) and (7) of the Act, and apprenticeship fund and advertising fund and to
that it will effectuate the policies of the Act to pay for the employees' travel expenses. Since on or
assert jurisdiction herein. about August 1, 1980, and continuing to date, Re-
spondent has failed and refused and continues toI. THE LABOR ORGANIZATION INVOLVED
fail and refuse to make payments into the afore-
Resilient Floor & Decorative Covering Workers mentioned funds and has failed and refused to pay
Local Union No. 1179, International Brotherhood employees' travel expenses.
of Painters and Allied Trades of North America By the aforesaid conduct Respondent has, since
and Canada, is a labor organization within the on or about August 1, 1980, and at all times there-
meaning of Section 2(5) of the Act. after, refused to bargain collectively with the
III. THE UNFAIR LABOR PRACTICES Union as the exclusive representative of the em-
ployees in the appropriate unit. By such action, Re-
A. The Unit spondent has engaged in and is engaging in unfair
The following employees of Respondent consti- labor practices within the meaning of Section
tute a unit appropriate for collective-bargaining 8(a)(5) and (1), and Section 8(d) of the Act.
purposes within the meaning of Section 9(b) of the Iv. THE EFFECT OF THE UNFAIR LABOR
Act: PRACTICES UPON COMMERCE
All employees of the Respondent handling the .. .All employees of the Respondent handling the The activities of Respondent set forth in section
tools and materials of the trade in doing alltoos ad m of te t e in III, above, occurring in connection with its oper-
work which may consist of measuring, cutting . . . .work which may consist of measuring, cutting ations described in section I, above, have a close,
and laying old and new carpet, linoleum, and
and laying old and new carpet, linoleum, and intimate, and substantial relationship to trade, traf-all types of resilient floor and wall covering
material, whether in sheets, rolls, squares or in- end t d c om m er e a m o n g th e s e v e ra lb and o
terlocked, including plastic, laminated plastic, d to l d t o l r d e r g ad
structing commerce and the free flow of com-and metal wall tile, fitting devices for attach- ruc
ment of carpet, linoleum, rubber and all other merce.
resilient floor and wall coverings, and fitting V. THE REMEDY
of metal or plastic caps and corners used in the
installation of linoleum and plastic counters, Having found that Respondent has engaged in
tables and steps, as well as artificial turf and its and is engaging in unfair labor practices within the
derivatives including monolithic covering as meaning of Section 8(a)(5) and (1) of the Act, we
well as handling and preparatory work for all shall order that it cease and desist herefrom. We
the above-mentioned including underlayment shall also order Respondent to make whole his em-
in the area of Kansas City and all areas in Mis- ployees by making payments into the pension fund,
souri over which the Union exercises jurisdic- health and welfare fund, holiday and vacation fund,
tion and the following counties in Kansas: Wy- apprenticeship fund and advertising fund, as re-
andotte, Johnson, Leavenworth, Bourbon, quired by Respondent's collective-bargaining
Linn and Miami, and such other area as may agreement with the Union, effective April 2, 1979,
be assigned by the International Brotherhood through March 31, 1982.' We shall also order Re-
of Painters and Allied Trades.
' Since the provisions of employee benefit fund agreements are variable
B. The 8(a)(5) and (1) Violation and complex, the Board does not provide at the adjudicatory stage of
proceeding for the addition of interest at a fixed rate on unlawfully with-
On or about December 20, 1979, a majority of held fund payments. We leave to the compliance stage the question of
whether Respondent must pay any additional amounts into the benefit
the employees in the above-described unit designat- funds in order to satisfy our "make-whole" remedy. These additional
ed and selected the Union as their representative amounts may be determined, depending upon the circumstances of each
for the purpose of collective bargaining within the case by reference to provisions in the documents governing the funds atissue and, where there are no governing provisions, to evidence of any
meaning of Section 9(a) of the Act. At all times loss directly attributable to the unlawful withholding action, which might
material, Respondent and the Union have been par- include the loss of return on investment of the portion of funds withheld,
ties to a collective-bargaining agreement effective additional administrative costs, etc., but not collateral losses. Fitzpatrick
ties to a collective-bargaining agreement effective Electric. Inc., 242 NLRB 739 (1979); Merryweather Optical Company, 240
from April 2, 1979, through March 31, 1982, cover- NLRB 1213, 1216, fn. 7 (1979).

,
1I. THE LABOR ORGANIZATION INVOLVED s n de nt h as fa il e d a nd r ef use d a nd c o n
ti n ues

ll n io n a s t h e
t ti la b o r p r a c t ic es w i t h in
o f S ec t io n
i r i i , ti ( ) f t t.
ti ( ) f t IV. T E EFFECT OF THE UNFAIR LABOR
A c t:
I
ll e l ees f t e es e t li t ti iti s f s t set f rt i s ti
t ls a t ri ls f t tr i i all , a o in cnt w s, .. , . . c- * -* " 1.III , i g i i i i i . ... . ,. ."workwhih s t u ti 1, ,
li l , alesdsrbdi eto bvhv ls
llat i ol resiliend oor , walnol n t m at e , an d t nti l i ll t s f sili t fl ll i fc n omreaogtesvrlSae n
t ri l, t r i s ts, r lls, s r s r i - n tl at o ab or t e e ning a n d
te n le a t la bo r isput s burdenin and ob-terocedinludngplati, lmiate pastc, str cti g co erce a t e free flo f co -
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a nd le , th e Bo ar d t i t t j i t t
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to t li t ti
hether es e t st iti l
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Of Co lective i i g Wit
ca se ,
re fer to P t t i t f tss ue a nd ,
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.. . 11 .. . *o * _ollective-bargaining ,greementr it k
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to
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UNION CRAFT 789
spondent to make whole his employees by paying agreement with the Union, effective April 2, 1979,
for their travel expenses, if any, as required by the through March 31, 1982, Respondent has engaged
aforementioned collective-bargaining agreement in and is engaging in unfair labor practices within
that Respondent has with the Union, with interest the meaning of Section 8(a)(5) and Section 8(d) of
thereon to be computed in the manner prescribed the Act.
in Florida Steel Corporation, 231 NLRB 651 (1977). 6. By the aforesaid refusal to make payments into
(See, generally, Isis Plumbing & Heating Co., 138 the funds and by the aforesaid refusal to pay travel
NLRB 716 (1962).) We shall further order Re- expenses, Respondent as interfered with, restrained,
spondent to post the attached notice. and coerced, and is interfering with, restraining,
The Board, upon the basis of the foregoing facts and coercing, employees in the exercise of the
and the entire record, makes the following: rights guaranteed them in Section 7 of the Act, and
CONCLUSIONS OF LAW thereby has engaged in and is engaging in unfair
labor practices within the meaning of Section
1. Union Craft is an employer engaged in corn- 8(a)(l) of the Act.
merce within the meaning of Section 2(6) and (7) 7. The aforesaid unfair labor practices are unfair
of the Act. labor practices affecting commerce within the
2. Resilient Floor & Decorative Covering Work- meaning of Section 2(6) and (7) of the Act.
ers Local Union No. 1179, International Brother-
hood of Painters and Allied Trades of North ORDER
America and Canada, is a labor organization within Pursuant to Section 10(c) of the National Labor
the meaning of Section 2(5) of the Act. Relations Act, as amended, the National Labor Re-
3. All employees of the Respondent handling the lations Board hereby orders that the Respondent,
tools and materials of the trade in doing all work Union Craft, Shawnee Mission, Kansas, his agents,
which may consist of measuring, cutting and laying successors, and assigns, shall:
old and new carpet, linoleum, and all types of resil- 1 Cease and desist from:
lent floor and wall covering material, whether in . e
sheets, rolls, squares or interlocked, including plas- (a)Refusing bargai collectively with Resil
tic, laminated plastic, and metal wall tile, fitting de- l ent Floor & Decoratve Covering Workers Local
vices for attachment of carpet, linoleum, rubber nion No 1179, Internationa Brotherhood o
and all other resilient floor and wall coverings, and a lnters and Allled Trades of North Amerca and
fitting of metal or plastic caps and corners used in Canada, by refusing to make payments into the
the installation of linoleum and plastic ounters, pension fund health and welfare fund holiday and
tables and steps, as well as artificial turf and its de- vacation fund, apprenticeship fund and advertising
rivatives including monolithic covering as well as fund and to pay for the employees' travel expenses,
handling and preparatory work for all the above- as required by the collective-bargaining agreement
mentioned including underlayment in the area of between Respondnet andthe Union effectve April
Kansas City and all areas in Missouri over which 2, 1979, through March 31 1982
the Union exercises jurisdiction and the following (b) In any like or related manner interfering
counties in Kansas: Wyandotte, Johnson, Leaven- with, restraining, or coercing employees in the ex-
worth, Bourbon, Linn and Miami, and such other ercise of the rights guaranteed them in Section 7 of
area as may be assigned by the International Broth- the Act.
erhood of Painters and Allied Trades, constitute a 2. Take the following affirmative action which
unit appropriate for the purposes of collective bar- the Board finds will effectuate the policies of the
gaining within the meaning of Section 9(b) of the Act:
Act. (a) Make payments into the pension fund, health
4. At all times herein, the above-named labor or- and welfare fund, holiday and vacation fund, ap-
ganization has been and now is the exclusive repre- prenticeship fund and advertising fund, as required
sentative of all employees in the aforesaid appropri- by Respondent's collective-bargaining agreement
ate unit for the purpose of collective bargaining with the Union, effective April 2, 1979, through
within the meaning of Section 9(a) of the Act. March 31, 1982.
5. By refusing on or about August 1, 1980, and at (b) Pay for the employees' travel expenses, if
all times thereafter, to make payments into the pen- any, as required by Respondent's collective-bar-
sion fund, health and welfare fund, holiday and va- gaining agreement with the Union, effective April
cation fund, apprenticeship fund and advertising 2, 1979, through March 31, 1982, with interest
fund and to pay for the employees' travel expenses, thereon, as set forth in the section of this Decision
as required by Respondent's collective-bargaining entitled "The Remedy."
6
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3. ll l f t t li t l ti t t t t,
t l t i l t t i i ll f i , ,
i i t ri , i l i r , i , ll
l r t, li l , and all types of resil- 1. Cease and desist from:
l t fl r ll ri t ri l, t r i ( R s t b c w Resil-
sheets, r lls, squares or interlocked, including plas- i & Decorative Cvrn W e sLoa
ti , l i t l ti , t l ll til , fitti de- Ule n t F l o o r & D e c o ra t v e ri r r l
i f r tt t f r t, li l , r r P n ts n Ale T r ads o f N r t h e r ica a d
ll t r r ili t fl r ll c v ri s, and Ca nada, by r ef ma ke p a m e nts i nt
fitti f t l r l ti r r s i pCanada, r f i t t i t t
t i t ll ti f li l l ti t r , vpension f lt lf r funda li and
t l st s, as ll as rtifi i l t rf its - v a c a t l o n f u n da pyfrenticeshi f and advertising
rivatives including onolithic covering as ell as f u n d an d t o b y o r t h e employees- travel expenses,
handling and preparatory ork for all the above- as r etw ue e dR n t h e collective-bargaining agreement
e ti e i cl i erla e t in t e area of b e t w e e n2p^ a n d1 t h e U nt o ng e f fe c tM v e A p31 l
19 7 9 ^"S" M a rc h 3 1, 19 8 2.
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790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Post at its place of business at 14200 Midland Brotherhood of Painters and Allied Trades of
Drive, Shawnee Mission, Kansas, copies of the at- North America and Canada, by refusing to
tached notice marked "Appendix." 2 Copies of said make payments into the pension fund, health
notice, on forms provided by the Regional Direc- and welfare fund, holiday and vacation fund,
tor for Region 17, after being duly signed by Re- apprenticeship fund, and advertising fund and
spondent's representative, shall be posted by Re- to pay for the employees' travel expenses, as
spondent immediately upon receipt thereof, and be required by the collective-bargaining agree-
maintained by it for 60 consecutive days thereafter, ment that I have with the Union, effective
in conspicuous places, including all places where April 2, 1979, through March 31, 1982.
notices to employees are customarily posted. Rea- I WILL NOT in any like or related manner in-
sonable steps shall be taken by Respondent to terfere with, restrain, or coerce our employees
insure that said notices are not altered, defaced, or in the exercise of the rights guaranteed them
covered by any other material, by Section 7 of the Act.
(d) Notify the Regional Director for Region 17, WILL make payments into the pension
in writing, within 20 days from the date of this fund, health and welfare fund, holiday and va-
Order, what steps have been taken to comply here- cation fund, apprenticeship fund, and advertis-
..Lh. cation fund, apprenticeship fund, and advertis-
'___~~~~with. ~ing fund and pay for employees' travel ex-
' In the event that this Order is enforced by a Judgment of a United penses, as required by the collective-bargaining
States Court of Appeals, the words in the notice reading "Posted by ag t I hav w t U , eff
Order of the National Labor Relations Board" shall read "Posted Pursu- agreement that I have ith the Union, effec-
ant to a Judgment of the United States Court of Appeals Enforcing an tive April 2, 1979, through March 31, 1982.
Order of the National Labor Relations Board." I WILL pay for employees' travel expenses,
APPENDIX if any, as required by the collective-bargaining
agreement that I have with the Union, effec-
NOTICE TO EMPLOYEES tive April 2, 1979, through March 31, 1982,
POSTED BY ORDER OF THE with interest.
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government UNION CRAFT
I WILL NOT refuse to bargain collectively
with Resilient Floor & Decorative Covering
Workers Local Union No. 1179, International
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with. ing
'In t t t t t i r r i f r J t f ite , s r ir t Collecti - r i i
i t * th » I a . ,.1, the TT^;^> efa^
W
or r f t e ti l Labor elations Board." I ILL pay for employees' travel expenses,
a s
o ,
ith interest.
it t t s er e t UNION CRAFT
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