USR Metals, Inc.

National Labor Relations Board - Board Decisions

Aug 23, 2000

331 N.L.R.B. 147 (N.L.R.B. 2000)

331 NLRB No. 147
1
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
USR Metals, Inc. and USR Industries Inc., single em-
ployer and Paper, Allied-Industrial, Chemical & En-
ergy Workers International Union, AFL–CIO, CLC,
and its Local 2–719. Case 6–CA–31100
August 23, 2000
DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS FOX AND
LIEBMAN
Upon a charge filed by Local 2–719 on January 24,
2000, and amended charges filed by the International
Union and Local 2-719 on February 29, 2000, and June
5, 2000, the General Counsel of the National Labor Rela-
tions Board issued a complaint on June 14, 2000 against
USR Metals, Inc. and USR Industries, Inc., as a single
employer, the Respondent, alleging that it has violated
Section 8(a)(1) and (5) of the National Labor Relations
Act. Although properly served copies of the charge,
amended charges, and the complaint, the Respondent
failed to file an answer.
On July 27, 2000 the General Counsel filed a Motion
for Summary Judgment with the Board. On July 28,
2000, the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondent filed no
response. The allegations in the motion are therefore
undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide that the allegations in the complaint
shall be deemed admitted if an answer is not filed within
14 days from service of the complaint, unless good cause
is shown. In addition, the complaint affirmatively notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Further, the undisputed allegations in the Mo-
tion for Summary Judgment disclose that the Region, by
letter dated June 30, 2000, notified the Respondent that
unless an answer were received by the close of business
on the third business day following receipt of the letter, a
Motion for Summary Judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times Respondent USR Metals, a corpo-
ration with an office and place of business in Blooms-
burg, Pennsylvania, has been engaged in the manufacture
and nonretail sale of dials and lighted signage comp o-
nents. During the 12-month period ending December 31,
1999, Respondent USR Metals, in conducting its busi-
ness operations, purchased and received at its Blooms-
burg, Pennsylvania facility goods valued in excess of
$50,000 directly from points outside the Commo nwealth
of Pennsylvania.
At all material times Respondent USR Industries, a
corporation with an office and place of business in Hous-
ton, Texas, has been engaged in the manufacture and
nonretail sale of dials and lighted signage comp onents.
During the 12-month period ending December 31, 1999,
Respondent USR Industries, in conducting its business
operations, performed services valued in excess of
$50,000 within the State of Texas for Respondent USR
Metals, an enterprise directly engaged in interstate com-
merce.
At all material times, Respondent USR Metals and Re-
spondent USR Industries (the Respondent), have been
affiliated business enterprises with common officers,
ownership, management, and supervision; have formu-
lated and administered a common labor policy; have
shared common premises and facilities, have provided
services for and made sales to each other; have inter-
changed personnel with each other; and have held them-
selves out to the public as single-integrated business en-
terprises.
Based on the operations described above, we find that
the Respondent is a single employer engaged in com-
merce within the meaning of Section 2(2), (6), and (7) of
the Act.
At all material times through September 1998, Oil
Chemical, and Atomic Workers International Union,
Local 8-707, AFL–CIO, CLC (Local 8–707), was a labor
organization within the meaning of Section 2(5) of the
Act. In September 1998, Local 8–707 amalgamated with
Oil, Chemical, and Atomic Workers International Union,
Local 8–719, AFL–CIO, CLC (Local 8–719). The amal-
gamated union was designated as Local 8–719 after Sep-
tember 1998. On January 1, 1999, Oil, Chemical, and
Atomic Workers International Union, AFL–CIO, CLC
merged with United Paperworkers International Union,
AFL–CIO, CLC, to form Paper, Allied-Industrial,
Chemical & Energy Workers International Union, AFL–
CIO, CLC (the International). On January 1, 1999, Local
8–719 was renamed by the merged labor organization as
Local 2–719. At all material times, the International and
Local 2–719 have been labor organizations within the
meaning of Section 2(5) of the Act.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
II. ALLEGED UNFAIR LABOR PRACTICES
The following employees of Respondent USR Metals
(the unit), constitute a unit appropriate for purposes of
collective bargaining within the meaning of Section 9(b)
of the Act:

All production and maintenance employees, including
truck drivers, shipping clerks, stockroom clerks, and all
other hourly employees, including leadmen and/or
group leaders; excluding production layout men, plan-
ners, estimators, office clerical employees, foremen,
professional employees, apprentice trainees who are in
training for work which might be deemed to be of a
professional or technical nature, watchmen, and super-
visory employees as defined in the Act.
For many years and at all material times through Sep-
tember 1998, Local 8–707 was the designated exclusive
collective-bargaining representative of the unit, and Lo-
cal 8-707 was recognized as such by Respondent USR
Metals. This recognition has been embodied in succes-
sive collective-bargaining agreements, the most recent of
which is effective from March 1, 1998 to April 21, 2001.
From September 1998 through January 1, 1999, Local
8–719, following the amalgamation described above, was
the designated exclusive collective-bargaining represen-
tative of the unit, and Local 8–719 was recognized as
such representative by the Respondent.
From January 1, 1999, and at all material times, the In-
ternational and Local 2–719, by virtue of the collective-
bargaining agreement referred to above, and its successor
relationship to Local 8–707, was the designated exclu-
sive collective-bargaining representative of the unit, and
the International and Local 2–719 (the Union), were rec-
ognized as such by the Respondent. At all material
times, the International has been an agent of Local 2–719
for the purpose of representing the Respondent’s unit
employees, and Local 2–719 has been an agent of the
International for the purpose of representing the Respon-
dent’s unit employees. At all times since September
1998, by virtue of Section 9(a) of the Act, the above
named unions have been the exclusive collective-
bargaining representative of the unit.
About February 11, 2000, by letter, the Union re-
quested that Respondent USR Metals furnish it with in-
formation about the record and status of certain payments
by Respondent USR Metals to various governmental and
private entities.1 The information requested is necessary

1 The letter asked for: (1) The date and amount of the last payments
made to the Internal Revenue Service by the Company to cover Federal
income taxes and FICA withheld from the wages of employees repre-
sented by the Union; (2) the date and amount of the last payments made
to the Internal Revenue Service by the Company to cover the Com-
pany’s FICA contribution for employees represented by the Union; (3)
The date and amount of the last payments made to the Pennsylvania
Department of Revenue by the Company to cover state income taxes
withheld from the wages of employees represented by the Union; (4)
The date and amount of the last payments made to the Pennsylvania
for, and relevant to the Union’s performance of its duties
as the exclusive collective-bargaining representative of
the unit.
Since about February 11, 2000, the Respondent has
failed and refused to furnish the Union with the informa-
tion requested.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has failed and refused to bargain collectively with
the exclusive collective-bargaining representative of its
employees, and has thereby engaged in unfair labor prac-
tices affecting commerce within the meaning of Section
8(a)(1) and (5) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent has failed and refused to fur-
nish information that is necessary and relevant to the
Union’s role as the exclusive collective-bargaining repre-
sentative of its employees constituting a failure and re-
fusal to bargain in good faith, we shall order the Respon-
dent to cease and desist from refusing to bargain collec-
tively and in good faith with the Union, and to furnish
the Union with the information requested by letter dated
February 11, 2000,
ORDER
The National Labor Relations Board orders that the
Respondent, USR Metals, Inc. and USR Industries Inc.,
Bloomsburg, Pennsylvania and Houston, Texas, respec-
tively, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to furnish information to the
Union that is necessary and relevant to its role as the
exclusive collective-bargaining representative of the em-
ployees in the following appropriate unit:

All production and maintenance employees, including
truck drivers, shipping clerks, stockroom clerks, and all
other hourly employees, including leadmen and/or
group leaders; excluding production layout men, plan-

Department of Labor & Industry by the Company to cover its obliga-
tions with regard to unemployment compensation; (5) The date and
amount of the last payment made by the Company to the insurance
carriers providing health insurance for the employees represented by
the Union; (6) The date of the last payment made by the Company to its
workers compensation carrier; (7) The date and amount of payment
made by the Company to any defined benefit and/or defined contribu-
tion plan in which employees are participants; (8) To the extent that the
Company has not made any payments during the past 12 months to any
defined benefit plan in which employees represented by the Union are
participants, the actuarial opinion which justifies the Company’s failure
or decision not to make such contribution; and (9) A copy of the actuar-
ial valuations of the defined benefit plan for the last 5 years, along with
the complete 5500 filings, with all attachments for the last 5 years.
USR METALS, INC. 3
ners, estimators, office clerical employees, foremen,
professional employees, apprentice trainees who are in
training for work which might be deemed to be of a
professional or technical nature, watchmen, and super-
visory employees as defined in the Act.

(b) Failing and refusing to bargain collectively and in
good faith with the Union.
(c) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Furnish the Union with the information it requested
by letter dated February 11, 2000.
(b) Within 14 days after service by the Region, post at
its facilities in Bloomsburg, Pennsylvania and Houston,
Texas, copies of the attached notice marked “Appen-
dix”.2 Copies of the notice, on forms provided by the
Regional Director for Region 6, after being signed by the
Respondent’s authorized representative, shall be posted
by the Respondent immediately upon receipt and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced, or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since February 11, 2000.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. August 23, 2000

2 If 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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”

John C. Truesdale, Chairman

Sarah M. Fox, Member

Wilma B. Liebman, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government

The National Labor Relations Board has found that we vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.
WE WILL NOT fail and refuse to furnish information to
the Paper, Allied-Industrial, Chemical & Energy Work-
ers International Union, AFL–CIO, CLC, and its Local
2–719 that is necessary and relevant to its role as the
exclusive collective-bargaining representative of the em-
ployees in the following appropriate unit:

All production and maintenance employees, including
truck drivers, shipping clerks, stockroom clerks, and all
other hourly employees, including leadmen and/or
group leaders; excluding production layout men, plan-
ners, estimators, office clerical employees, foremen,
professional employees, apprentice trainees who are in
training for work which might be deemed to be of a
professional or technical nature, watchmen, and super-
visory employees as defined in the Act.

WE WILL NOT fail and refuse to bargain collectively and
in good faith with the Union.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL furnish the Union with the information it re-
quested in its letter to us dated February 11, 2000.
USR METALS, INC., AND USR INDUSTRIES, INC.