Safety Cab

SAFETY CAB 457 Jax Cabs, Inc., d/b/a Safety Cab, New Deal Cab, Yellow Cab and Airport Service and Allied Ser- vices Division, Brotherhood of Railway, Airline and Steamship Clerks, Local 1902, affiliated with Brotherhood of Railway, Airline & Steam- ship Clerks, Freight Handlers & Station Em- ployees. Case 12-CA-8610 March 14, 1980 DECISION AND ORDER BY MEMBERS JENKINS, PENELLO, AND TRUESDALE Upon a charge filed on April 24, 1979, and a first amended charge filed on April 27, 1979, by Allied Services Division, Brotherhood of Railway, Airline and Steamship Clerks, Local 1902, affiliated with Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers & Station Employees, herein called the Union, and duly served on Jax Cabs, Inc., d/b/a Safety Cab, New Deal Cab, Yellow Cab and Airport Service, herein called Re- spondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 12, issued a complaint and notice of hearing on September 12, 1979, against Respon- dent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, the first amended charge, and the com- plaint and notice of hearing before an administra- tive law judge were duly served on the parties to this proceeding. Respondent failed to file an answer to the complaint. On November 19, 1979, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgement. Subsequently, on November 30, 1979, 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 Judgement should not be granted. Respon- dent requested, and was granted an extension of time, to file a response thereto, and on January 15, 1980, Respondent filed a document entitled "Objec- tions to Summary Judgment." 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: 248 NLRB No. 55 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 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 which 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 the Respondent herein specifically states that unless an answer to the complaint is 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 Summary Judgment, Respondent was advised by counsel for the General Counsel in a letter dated October 3, 1979, that an answer to the complaint had not been recieved and that if an answer was not received by October 12, 1979, General Counsel would file a Motion for Summary Judgment. As noted above, Respondent did not file an answer to the complaint. However, on January 15, 1980, in response to the Notice To Show Cause, Respondent filed a response in which it contends that it is now bankrupt and is no longer engaged in interstate commerce; that it is not an operating business and there is no likelihood of it resuming business. In addition Respondent also denied other allegations in the complaint. Respon- dent, however, has offered no explanation for its failure to file a timely answer. Accordingly, under the rules set forth above, no good cause having been shown for the failure to file a timely answer, the allegations of the complaint are deemed ad- mitted and are found to be true, and we grant the General Counsel's Motion for Summary Judgment. On the basis of the entire record, the Board make the following: FINDINGS OF FACT I. THE BUSINESS OF RESPONDENT Respondent is a Florida corporation engaged in the operation of taxicab service in and around the SAFETY CA 457 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD city of Jacksonville, Florida. During the past 12 months, in the course and conduct of its business operations, Respondent received gross revenues in excess of $500,000 and during the same period, re- ceived goods and supplies valued in excess of $10,000 at its Jacksonville, Florida, facility, which were shipped directly from points located outside the State of Florida. We find, on the basis of the foregoing, 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 Allied Services Division, Brotherhood of Rail- way, Airline and Steamship Clerks, Local 1902, af- filiated with Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers & Station Em- ployees, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES The following employees of Respondent consti- tute a unit appropriate for collective-bargaining purposes within the meaning of Section 9(b) of the Act: All taxi drivers, limousine drivers, dispatchers, PBX operators, garage men and airport start- ers, including mechanics, auto body men help- ers, lube men and general shop laborers em- ployed by the Respondent at its Jacksonville, Florida facility, excluding all other employees, office clerical employees, guards and supervi- sors as defined in the Act. On October 25, 1968, a majority of the employ- ees of Respondent in said unit, in a secret-ballot election conducted under the supervision of the Regional Director for Region 12, designated the Union as their representative for the purpose of collective-bargaining with Respondent. The Union was certified as the collective-bargaining represen- tative of the employees in said unit on November 5, 1968, and the Union continues to be such exclu- sive representative within the meaning of Section 9(a) of the Act.' On or about July 1, 1977, Respon- dent and the Union entered into a collective-bar- gaining agreement covering the employees in the I In the complaint, the General Counsel alleged that "sometime during 1970, the exact date being unknown, the Union was designated or select- ed by the employees of Respondent as their collective bargaining repre- sentative." In its "Motion To Transfer Case To Board and For Summary Judgment," the General Counsel amended the allegations in the com- plaint to reflect the correct dates on which the election was conducted and the Union was certified above-described unit. The collective-bargaining agreement was effective from May 1, 1977, through April 7, 1980, and the terms of the agree- ment provided for a reopening of negotiations re- specting certain portions of the collective-bargain- ing agreement. Respondent interfered with, restrained, and co- erced employees in the exercise of their rights guaranteed by Section 7 of the Act by engaging in the following acts: On or about late November or early December 1978, the exact date being unknown, Respondent uilaterally implemented a 10-percent surcharge on all charge business. Respondent engaged in the acts and conduct described above without prior notice to the Union and without affording the Union an opportunity to negotiate and bargain as the exclu- sive representative of Respondent's employees. On or about April 6, 1979, the Union requested that Respondent bargain collectively with respect to rates of pay, wages, and other terms and condi- tions of employment, as the exclusive collective- bargaining representative of Respondent's unit em- ployees. Since on or about April 14, 1979, Respon- dent has failed and refused, and continues to fail and refuse, to bargain in good faith with the Union as the exclusive collective-bargaining representative of its employees in the above-described unit with respect to rates of pay, wages, and other terms and conditions of employment. On or about December 15, 1978, employees of Respondent employed in its Jacksonville facility ceased work and went out on strike, and since that date have engaged in and are engaging in such strike. The strike was caused by and/or prolonged by Respondent's unfair labor practices described above. Accordingly, we find that Respondent has, since late November or early December 1978, and at all times thereafter, refused to bargain collectively with the Union as the exclusive representative of the employees in the appropriate unit, and that, by such refusal, Respondent has engaged in and is en- gaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) 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. ------ SAFETY CAB 459 V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act, we shall order that it cease and desist therefrom, and, upon request, bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit. CONCLUSIONS OF LAW 1. Respondent Jax Cabs, Inc., d/b/a Safety Cab, New Deal Cab, Yellow Cab and Airport Service, is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Allied Services Division, Brotherhood of Rail- way, Airline and Steamship Clerks, Local 1902, af- filiated with Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers & Station Em- ployees is a labor organization within the meaning of Section 2(5) of the Act. 3. All taxi drivers, limousine drivers, dispatchers, PBX operators, garage men and airport starters, in- cluding mechanics, auto body men helpers, lube men and general shop laborers employed by Re- spondent at its Jacksonville, Florida facility, ex- cluding all other employees, office clerical employ- ees, guards and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 4. Since November 5, 1968, the above-named labor organization has been and now is the certified and exclusive representative of all employees in the aforesaid appropriate unit for the purpose of collec- tive bargaining within the meaning of Section 9(a) of the Act. 5. By making unilateral changes in its employees' terms and conditions of employment on or about late November or early December 1978, and by thereafter refusing to bargain collectively with the above-named labor organization as the exclusive bargaining representative of all the employees of Respondent in the appropriate unit, Respondent has engaged in and is engaging in unfair labor prac- tices within the meaning of Section 8(a)(5) of the Act. 6. By the aforesaid refusal to bargain, Respon- dent has interfered with, restrained, and coerced, and is interfering with, restraining, and coercing, employees in the exercise of the rights guaranteed them in Section 7 of the Act, and thereby has en- gaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act. 7. The aforesaid unfair labor practices are unfair labor practices affecting 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 Re- lations Board hereby orders that the Respondent, Jax Cabs, Inc., d/b/a Safety Cab, New Deal Cab, Yellow Cab and Airport Service, Jacksonville, Florida, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Making unilateral changes and refusing to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with Allied Services Division, Broth- erhood of Railway, Airline and Steamship Clerks, Local 1902, affiliated with Brotherhood of Rail- way, Airline & Steamship Clerks, Freight Handlers & Station Employees, as the exclusive bargaining representative of its employees in the following ap- propriate unit: All taxi drivers, limousine drivers, dispatchers, PBX operators, garage men and airport start- ers, including mechanics, auto body men help- ers, lube men and general shop laborers em- ployed by the Respondent at its Jacksonville, Florida facility, excluding all other employees, office clerical employees, guards and supervi- sors as defined in the Act. (b) In any like or related manner interfering with, restraining, or coercing employees in the ex- ercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Upon request, bargain with the above-named labor organization as the exclusive representative of all employees in the aforesaid appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such under- standing in a signed agreement. (b) Post at its Jacksonville, Florida, facility copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director for Region 12, after being duly signed by Respondent's representative, shall be posted by Respondent 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. Reasonable steps shall be taken by Respon- 2 In the event that this Order is enforced by a Judgment of a Unlited 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 Relations Board " SAFETY CAB 459 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dent to insure that said notices are not altered, de- faced, or covered by any other material. (c) Notify the Regional Director for Region 12, in writing, within 20 days from the date of this Order, what steps have been taken to comply here- with. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT make unilateral changes or refuse to bargain collectively concerning rates of pay, wages, hours, and other terms and con- ditions of employment with Allied Services Division, Brotherhood of Railway, Airline and Steamship Clerks, Local 1902, affiliated with Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers & Station Employ- ees, as the exclusive representative of the em- ployees in the bargaining unit described below. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employ- ees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL, upon request, bargain with the above-named Union, as the exclusive represen- tative of all employees in the bargaining unit described below, with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is: All taxi drivers, limousine drivers, dispatch- ers, PBX operators, garage men and airport starters, including mechanics, auto body men helpers, lube men and general shop la- borers employed by us at our Jacksonville, Florida facility, excluding all other employ- ees, office clerical employees, guards and su- pervisors as deined in the Act. JAX CABS, INC., D/B/A SAFETY CAB, NEW DEAL CAB, YELLOW CAB AND AIRPORT SERIVCE