Taylor & Jones Mfg. Co., Inc.

594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Taylor & Jones Mfg. Co., Inc. and Teamsters 515, an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help- ers of America. Case 10-CA-15286 May 16, 1980 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENELLO AND TRUESDALE Upon a charge filed on December 12, 1979, and amended on January 18, 1980, by Teamsters 515, an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, herein called the Union, and duly served on Taylor & Jones Mfg. Co., Inc., herein called Respondent, the General Counsel of the Na- tional Labor Relations Board, by the Regional Di- rector for Region 10, issued a complaint on Janu- ary 22, 1980, against Respondent, alleging that Re- spondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, amended charge, complaint, and notice of hearing before an administrative law judge were duly served on the parties to this proceeding. With respect to the unfair labor practices, the complaint alleges in substance that on or about Oc- tober 12, 1979,'Respondent laid off 21 of its em- ployees and has, since then, failed and refused to recall, or offer to recall, said employees because of their membership in and activities on behalf of the Union, and because they engaged in protected con- certed activities. The complaint further alleges that Respondent, on October 9 and November 5 and 15, unlawfully interrogated its employees concerning their union membership; threatened, on October 1 and November 5, to close its plant if employees designated the Union as their collective-bargaining representative; threatened employees on October 2 and 9 with discharge and layoff if they joined or engaged in union activities or if they selected the Union as their bargaining representative; and, on November 5, informed its employees that they were prohibited from soliciting on behalf of the Union on company property during their nonwork time. Respondent has failed to file an answer to the complaint and these allegations, therefore, stand uncontroverted. On March 19, 1980, counsel for the General Counsel filed directly with the Board a "Motion To Transfer Case to and Continue Proceeding Before the Board and for Summary Judgment," I All dates hereinafter are in 1979, unless otherwise indicated. 249 NLRB No. 82 with exhibits attached. Subsequently, on March 28, 1980, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Sum- mary Judgment should not be granted. Respondent did not file a response to the Notice To Show Cause. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority 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, Series 8, as amended, provides as follows: The respondent shall, within 10 days from the service of the complaint, file an answer there- to. The respondent shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in wich 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 states that unless an answer to the complaint is filed by Respondent 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- more, according to Exhibits I and 2, on February 22 and again on March 3, 1980, counsel for the General Counsel sent letters to Respondent inform- ing it that an answer to the complaint had not been received and further advising it that unless an answer to the complaint was received by March 10, 1980, counsel for General Counsel would move for summary judgment. The record reveals that Respondent received the March 3 letter extending the deadline in which to file its answer. No answer was received from Respondent by March 10, 1980, or by March 19, 1980, the date of the Motion for Summary Judgment. No good cause for failure to file an answer having been shown, in accordance with the rule set forth above, the allegations of the complaint are deemed to be admitted to be true. We, accordingly, find as true all the allegations of TAYOR &r JONES MFG. CO., INC. 595 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 Respondent, a Georgia corporation with its prin- cipal office and place of business located in Blue Ridge, Georgia, is engaged in the manufacture and sale of furniture. During the past calendar year, which period is representative of its annual oper- ations generally, Respondent sold and shipped from its place of business in Blue Ridge, Georgia, fin- ished products valued in excess of $50,000 directly to customers located outside the State of Georgia. On the basis of the foregoing, we find that Re- spondent 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. II. THE LABOR ORGANIZATION INVOLVED Teamsters 515, an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. The 8(a)(3) and (1) Violations On or about October 12, 1979, Respondent laid off the employees named below 2 and since October 12, 1979, has refused and is refusing to recall said employees because of their membership in, and ac- tivities on behalf of, the Union, and because they engaged in concerted activities with other employ- ees for the purpose of collective bargaining and other mutual aid and protection. We find that by engaging in the above-described conduct, Respondent has discriminated, and contin- ues to discriminate, against the employees named herein in regard to their hire or tenure of employ- ment in order to discourage union or other protect- ed concerted activities. Accordingly, we find that Respondent has engaged in, and is engaging in, unfair labor practices within the meaning of Sec- tion 8(a)(3) and (1) of the Act. 2 The employees involved were David Fergrous, Randy Allen, Chuck Taylor, Paul Robinson, Bill Dill, Darlene Pattson, Rita Deal, Ricky Beach, Harold Rhode, Dewayne Newton, Randy Greenway, Jeff Sea- bolt, Calvin Queen, C. Crawford, Robert McDaniel, Ron Newton, Donny Bendy, Dennis Cook, James Russell, Ken Gailey, and Cleo Craw- ford. B. The 8(a)(1) Violations In addition to the conduct described above in section III, A, Respondent, through various super- visors and agents, committed the following acts: 1. On October 9 and November 5 and 15, 1979, Respondent's president, Robert Taylor, and Super- visors Wayne Queen and Timothy Taylor, respec- tively, interrogated employees concerning their membership in and activities on behalf of the Union. 2. On or about November 5, 1979, Robert Taylor informed his employees that they were prohibited from soliciting fellow employees on behalf of the Union on company property during the employees' nonwork time. 3. On or about October I and November 5, 1979, Respondent's wood shop foreman, Charles Adams, and Supervisor Queen, respectively, threatened em- ployees with plant closure if they selected the Union as their collective-bargaining representative. 4. On or about October 9, 1979, Respondent's plant manager, James Patterson, and Supervisor Queen threatened employees with discharge if they joined or engaged in activities on behalf of the Union. 5. On or about October 2, 1979, Foreman Adams threatened employees with layoff if they selected the Union as their collective-bargaining representa- tive. We find that by engaging in the conduct de- scribed above, Respondent has interfered with, re- strained, and coerced, and is interfering with, re- straining, and coercing, its employees in the exer- cise of the rights guaranteed them by Section 7 of the Act. Accordingly, we find that Respondent thereby engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(a)(l) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with its oper- ations described in section I, above, have a close, intimate, and substantial relationship to trade, traf- fic, and commerce among the several States and tend to lead to labor disputes burdening and ob- structing commerce and the free flow of com- merce. CONCLUSIONS OF LAW 1. Taylor & Jones Mfg. Co., Inc. is an employer engaged in commerce within the meaning of Sec- tion 2(6) and (7) of the Act. 2. Teamsters 515, an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehouse- TAYOR & JONES MFG. CO., INC. 595 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD men & Helpers of America, is a labor organization within the meaning of Section 2(5) of the Act. 3. By laying off the employees mentioned above on or about October 12, 1979, because they were members of, or engaged in activities in support of, the Union, and because they engaged in other pro- tected concerted activity for their mutual aid and protection, Respondent violated Section 8(a)(3) and (1) of the Act. 4. By the acts described in section III, B, above, Respondent did interfere with, restrain, and coerce, and is interfering with, restraining, and coercing, employees in the exercise of their Section 7 rights, and thereby did engage in, and is engaging in, unfair labor practices within the meaning of Sec- tion 8(a)(l) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices within the meaning of Section 2(6) and (7) of the Act. THE REMEDY Having found that Respondent engaged in and is engaging in unfair labor practices within the mean- ing of Section 8(a)(3) and (1) of the Act, we shall order that it cease and desist therefrom, and take certain affirmative action designed to effectuate the policies of the Act. Respondent shall be ordered to offer the employ- ees it discriminatorily laid off full and immediate reinstatement to their former jobs or, if such jobs no longer exist, to substantially equivalent jobs, without prejudice to their seniority, or other rights and privileges, and make them whole for any loss of pay they may have suffered by reason of the dis- crimination against them from the date they were laid off to the date of Respondent's offer of rein- statement. Backpay is to be paid as prescribed in F. W. Woolworth Company, 90 NLRB 289 (1950), with interest to be computed in the manner prescribed in Florida Steel Corporation, 231 NLRB 651 (1977).3 Furthermore, because of the egregious nature of the violations found herein, we shall order that Re- spondent cease and desist from in any other manner interfering with, restraining, or coercing its employees in the exercise of the rights guaranteed them by Section 7 of the Act.4 ORDER Pursuant to Section 10(c) of the National Labor Relations act, as amended, the National Labor Re- lations Board hereby orders that the Respondent, Taylor & Jones Mfg. Co. Inc., Blue Ridge, Geor- gia, its officers, agents, successors, and assigns, shall: 3 See, generally, Isis Plumbing Heating Co., 138 NLRB 716 (1962). 4 See, generally, Hickmott Foods, Inc., 242 NLRB No. 177 (1979). 1. Cease and desist from: (a) Laying off employees because they are mem- bers of, or engaged in activities on behalf of, Team- sters 515, an affiliate of International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help- ers of America, or because they engaged in other protected concerted activities. (b) Threatening its employees with discharge or layoffs if they joined the above-mentioned Union or selected said Union as their collective-bargaining representative. (c) Interrogating its employees concerning their membership in and activities on behalf of the Union. (d) Threatening its employees with plant closure if they selected the Union as their collective-bar- gaining representative. (e) Telling employees that they are prohibited from soliciting on behalf of the Union on company property while on nonworking time. (f) In any other manner interfering with, restrain- ing, or coercing its employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action to effec- tuate the policies of the Act: (a) Offer to employees listed below full and im- mediate reinstatement to their former jobs or, if those jobs no longer exist, to substantially equiva- lent jobs, without prejudice to their seniority rights, or other rights and privileges, and make them whole for any loss of pay they may have suf- fered by reason of the discrimination against them in the manner set forth in the section of this Deci- sion entitled "The Remedy." The employees are: David Fergrous Randy Allen Chuck Taylor Paul Robinson Bill Dill Darlene Pattson Rita Deal Ricky Beach Harold Rhode Dewayne Newton Randy Greenway Jeff Seabolt Calvin Queen C. Crawford Robert McDaniel Ron Newton Donny Bendy Dennis Cook James Russell Ken Gailey Cleo Crawford (b) Preserve and, upon request, make available to the Board or its agents, for examination and copy- ing, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. TAYOR & JONES MFG. CO., INC. 597 (c) Post at its Blue Ridge, Georgia, facility copies of the attached notice marked "Appendix." 5 Copies of said notice, on forms provided by the Regional Director for Region 10, after being duly signed by Respondent's representative, shall be posted immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Rea- sonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (d) Notify the Regional Director for Region 10, in writing, within 20 days from the date of this Order, what steps Respondent has taken to comply herewith. '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 Pursu- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT lay off or in any other manner discriminate against our employees be- cause they are members of Teamsters 515, an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, or for engaging in activi- ties on behalf of said organization or any other labor organization, or for engaging in other protected concerted activities. WE WILL NOT threaten our employees with discharge, layoff, or plant closure in order to dissuade them from selecting the collective- bargaining representative of their choice or from becoming members in Teamsters 515, or any other labor organization. WE WILL NOT interrogate our employees concerning their membership in, or activities on behalf of, Teamsters 515, or any other labor organization. WE WILL NOT tell our employees that they are prohibited from soliciting on behalf of Teamsters 515 on company property while on their own time. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them by Sec- tion 7 of the Act. WE WILL offer the employees listed below immediate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent jobs, without prejudice to their seniority or other rights and privileges, and WE WILL make them whole for any loss of pay they may have suffered by reason of our discrimination against them, with interest. David Fergrous Randy Allen Chuck Taylor Paul Robinson Bill Dill Darlene Pattson Rita Deal Ricky Beach Harold Rhode Dewayne Newton Randy Greenway Jeff Seabolt Calvin Queen C. Crawford Robert McDaniel Ron Newton Donny Bendy Dennis Cook James Russell Ken Gailey Cleo Crawford TAYLOR & JONES MFG. Co., INC. TAYOR & JONES MFG CO., INC. 597 _ , .