Value Line Co.

National Labor Relations Board - Board Decisions

Aug 8, 1986

281 N.L.R.B. 14 (N.L.R.B. 1986)

14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Harold F. Kidd d/b/a Value Line Company and
United Furniture Workers of America, Local
282, AFL-CIO. Case 26-CA-11526
8 August 1986
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND BABSON
Upon a charge filed by the Union 3 March 1986,
the General Counsel of the National Labor Rela-
tions Board issued a complaint 27 March 1986
against the Company, the Respondent, alleging that
it has violated Section 8(a)(5) and (1) of the Na-
tional Labor Relations Act. Although properly
served copies of the charge and complaint, the
Company has failed to file an answer.
On 22 May 1986 the General Counsel filed a
Motion for Summary Judgment. On 27 May 1986
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 Company
filed no response. The allegations in the motion are
therefore undisputed.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions provides that the allegations in the complaint
shall be deemed admitted if an answer is not filed
within 10 days from service of the complaint,
unless good cause is shown. The complaint states
that unless an answer is filed within 10 days of
service, "all of the allegations in the complaint
shall be deemed to be admitted to be true and shall
be so found by the Board." Further, the undisputed
allegations in the Motion for Summary Judgment
disclose that a Board agent orally informed the Re-
spondent on 16 April 1986 of its failure to file an
answer. The Respondent stated that it did not
intend to file an answer.
In the absence of good cause being shown for
the failure to file a timely answer, we grant the
General Counsel's Motion for Summary Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
1. JURISDICTION
The Company, a sole proprietorship, manufac-
tures furniture at its facilities in Memphis, Tennes-
see, and Arkadelphia, Arkansas, where it annually
sold and shipped from its two facilities products,
goods, and materials valued in excess of $50,000 di-
rectly to points outside the States of Tennessee and
Arkansas. The Company also annually purchased
and received at its two facilities products, goods,
and materials valued in excess of $50,000 directly
from points outside the States of Tennessee and
Arkansas. We find that the Company is an employ-
er engaged in commerce within the meaning of
Section 2(6) and (7) of the Act and that the Union
is a labor organization within the meaning of Sec-
tion 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
The Union was certified on 20 May 1983 as the
collective-bargaining representative of the employ-
ees in the following appropriate unit:
All production and maintenance employees
employed by the Employer at its Collierville
and Memphis, Tennessee facilities. Excluded:
All office clerical employees, guards, assistant
supervisors, assistant foremen and supervisors,
as defined in the Act.
The Respondent and the Union have been parties
to a collective-bargaining agreement which, by its
terms, is effective from 23 May 1984 to 22 May
1986.
Article XXI, section 3.B. of the collective-bar-
gaining agreement provides as follows:
B. The Union's authorized representative may
visit the Company's plant(s) during normal
business hours, provided the Union notifies the
Company of the time of the visit and its sub-
ject matter. During any tour of the plant(s)
premises, the Union's representative shall be
accompanied by a representative of the Com-
pany. At no time shall the Union representa-
tive interfere with the work of the employees.
About 31 January 1986 the Union requested, by
letter to the Respondent, that it be allowed to tour
the Memphis facility on 14 February 1986 at 9 a.m.
in accordance with this contractual provision.
About 4 February 1986 the Respondent refused to
grant the Union's request by letter stating that
"(w)e are in receipt of your letter of January 31 re-
questing a tour of our Memphis Plant. However,
according to article XXI, section 3.B. there is no
specific purpose mentioned for the visit as required
by the above." About 17 February 1986 the Union
sent the following letter to the Respondent:
In regard to your letter of February 4, 1986
responding to my request to tour the Memphis
plant on January 31, 1986, per Article XXI,
Section 3.B., the specific purpose for the re-
quested tour is (1) it is the Union's understand-
281 NLRB No. 5
VALUE LINE CO.
ing that there are more employees in the Mem-
phis Plant than you reported on the seniority
list sent to the Union , (2) in August 1985, you
told the Union that the Memphis plant was
soon to close as did the Collierville plant, (3)
in order to properly administer the Collective-
Bargaining Agreement in the Memphis plant,
it is very necessary that this Union be afforded
a tour of the plant.
Please advise which date is acceptable for the
tour; Thursday, February 27, 1986, 9:30 a.m.
or Friday, February 28, 1986, 9:30 a.m.
About 21 February 1986 the Respondent sent to
the Union the following reply letter:
We are in receipt of your letter of 2-17-86
and would like to respond to it point by point.
1. You are welcome to stand at the entrance
of our drive and count the ones going in to
work. The only ones not listed are manage-
ment people or an employee that has returned
to work:
Chorn Touch, 85 N. Watkins, Memphis,
Tn., no phone, Date of Emply. 5-21-84, rate
of pay, 4.25, saw operator.
2. We are still intending to move our Mem-
phis plant but the timetable has not progressed
as rapidly as we had hoped . But be assured,
we want to move as soon as possible.
3. We can not allow you to tour our plant at
this time because:
1. Your blatant and unauthorized visit to
our plant several months back, where you
disrupted our workers and called them out-
side the plant to be interviewed during work
time.
2. We have some top secret work in
progress and can't allow any outside people
to enter the plant.
At all times since 31 January 1986 , the Respond-
ent has denied the Union access to its Memphis fa-
cility for the purpose of administering the collec-
tive-bargaining agreement.
We find that by the acts and conduct described
above , the Respondent has failed and refused and is
failing and refusing to bargain collectively and in
good faith with the Union as the representative of
its employees, and that the Respondent thereby has
been engaging in unfair labor practices within the
meaning of Section 8 (a)(5) and (1) of the Act.
CONCLUSION OF LAW
By refusing and denying since 31 January 1986
the Union's requests for access to the Respondent's
Memphis facility for the purpose of administering
the collective -bargaining agreement in accordance
15
with article XXI, section 3.B., the Company has
engaged in unfair labor practices affecting com-
merce within the the meaning of Section 8(a)(5)
and (1 ) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged
in certain 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.1
ORDER
The National Labor Relations Board orders that
the Respondent , Harold F . Kidd d/b/a Value Line
Company, Memphis, Tennessee , and Arkadelphia,
Arkansas , its officers , agents , successors, and as-
signs, shall
1. Cease and desist from
(a) Refusing to bargain in good faith with United
Furniture Workers of America, Local 282, AFL-
CIO, by denying the Union's request for access to
the Memphis facility by a union representative for
the purpose of administering the collective -bargain-
ing agreement in accordance with article XXI, sec-
tion 3 .B. of that agreement.
(b) In any like or related manner interfering
with , restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) On request, grant access to the Memphis fa-
cility by an authorized union representative for the
purpose of administering the collective -bargaining
agreement in accordance with article XXI, section
3.B. of that agreement.
(b) Post at its facility in Memphis, Tennessee,
copies of the attached notice marked "Appendix."2
Copies of the notice, on forms provided by the Re-
gional Director for Region 26, after being signed
by the Respondent 's authorized representative,
shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive
days in conspicuous places including all places
where notices to employees are customarily posted.
' The General Counsel has requested that the Order include a visita-
torial clause authorizing the Board , for compliance purposes, to obtain
discovery from the Respondent under the Federal Rules of Civil Proce-
dure under the supervision of the United States Court of Appeals enforc-
ing this Order . Under the circumstances of this case , we find it unneces-
sary to include such a clause. Accordingly , we deny the General Coun-
sel's request.
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 Nation-
al 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 "
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Reasonable steps shall be taken by the Respondent
to ensure that the notices are not altered , defaced,
or covered by any other material.
(c) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
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 violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain in good faith
with the United Furniture Workers of America,
Local 282, AFL-CIO, by denying the Union's re-
quest for access to the Memphis facility by an au-
thorized union representative for the purpose of ad-
ministering the collective -bargaining agreement in
accordance with article XXI, section 3.B. of that
agreement.
WE WILL NOT in any like or related manner
interfere with , restrain , or coerce you in the exer-
cise of the rights guaranteed you in Section 7 of
the National Labor Relations Act.
WE WILL, on request , grant access to our Mem-
phis facility by an authorized union representative
for the purpose of administering the collective-bar-
gaining agreement in accordance with article XXI,
section 3 .B. of that agreement.
HAROLD F. KIDD D/B/A VALUE
LINE COMPANY