Caltrans Systems, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Caltrans Systems, Inc., and its wholly-owned subsid- iaries Moon Carrier Inc., and Moon Transportation, Inc. and Local Union No. 560, a/w International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America Caltrans Systems, Inc., and its wholly-owned subsid- iaries Moon Carrier Inc., Moon Transportation, Inc., and Armstrong Trucking Co., Inc. and Local 617, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer- ica. Cases 22-CA-8639, 22 CA-8640, and 22 CA 8734 September 28, 1979 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENEI.I0 AND TRUESDALE Upon a charge filed on August 10, 1978, and amended on October 16, 1978, in Case 22-CA-8639 and upon a charge on August 10, 1978, and amended on October 13, 1978, in Case 22-CA-8640 by Local Union No. 560, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called Local 560, and duly served on Caltrans Systems, Inc. and its wholly-owned sub- sidiaries Moon Carrier Inc., and Moon Transporta- tion, Inc., and upon a charge filed on September 28, 1978, and amended on November 3, 1978, in Case 22-CA-8734 by Local 617, a/w International Broth- erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called Local 617, and duly served on Caltrans Systems, Inc., and its wholly- owned subsidiaries Moon Carrier Inc., Moon Trans- portation, Inc., and Armstrong Trucking Co., Inc., all the aforesaid Companies herein collectively referred to as Respondent,' the General Counsel of the Na- tional Labor Relations Board, by the Regional Direc- tor for Region 22, issued an order consolidating cases, first amended complaint, and notice of hearing on November 14, 1978, against Respondent, alleging that Respondent has engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(l), (3), and (5) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charges, amended charges, and notice of hearing before an administrative law judge were duly served on the parties to this proceed- ing. Respondent failed to file an answer to the com- plaint. On May 3, 1979, counsel for the General Counsel m The Companies are also referred to herein as Caltrans, Mxoon Carrier. Moon Transportation, and Armstrong. filed directly with the Board a Motion for Summary Judgment with memorandum in support thereof, based on Respondent's failure to file an answer as required by Sections 102.20 and 102.21 of the Na- tional Labor Relations Board Rules and Regulations, Series 8, as amended. Subsequently, on May 9, 1979, the Board issued an order transferring the proceeding to the Board and Notice To Show C'ause why the General Counsel's Motion for Summary Judgment should not be granted. On June 4. 1979. counsel for the receiver of Moon Carrier and Caltrans filed a memorandum in opposition to the Motion for Sum- mary Judgment. Moon Transportation and Arm- strong failed to 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 thereto. The respondent shall specifically admit, deny, or explain each of the facts alleged in the com- plaint, unless the respondent is without knowl- edge, in which case the respondent shall so state, such statement operating as a denial. All allega- tions 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 admit- ted 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 Re- spondent specifically stated that unless an answer was filed to the complaint within 10 days from the service thereof, "all of the allegations contained in the Com- plaint shall be deemed to be admitted to be true and may be so found by he Board." Further, according to the uncontroverted allegations of the Motion for Summary Judgment. counsel for the General Counsel informed Respondent in writing that unless an an- swer was filed by December 27, 1978, a motion would be made before the Board for entry of an Order granting summary judgment based on the undenied allegations of the complaint. Respondent has failed to file and answer to the complaint, and Moon Trans- 245 NLRB No. 90 708 CALTRANS SYSTEMS. INC. portation and Armstrong have failed to file a re- sponse to the Notice To Show Cause. According to the memorandum in opposition to the Motion for Summary Judgment, a custodial re- ceiver of Caltrans and Moon Carrier was appointed on October 25, 1978, by the Superior Court of New Jersey, Chancery Division, Hudson County. There- after, Caltrans and Moon Carrier were declared insol- vent, and their receiver was appointed state court statutory receiver on Janury 9, 1979. The memoran- dum was filed by an attorney who represents the re- ceiver and claims that during this time period mail to Caltrans and Moon Carrier was sent to their major secured creditor, whose agent was once the agent for Caltrans and Moon Carrier prior to the appointment of their present receiver. The memorandum claims that some of the orders and amendments in this case were received by the receiver, but that others were not. The memorandum further claims that to allow one summary judgment to be entered against all of the entities involved herein, each of which has a sepa- rate receiver, would be duplicitous, for, in the event that enforcement of the Board's order is sought, the matters involved herein would have to be litigated. The memorandum argues that counsel for the Gen- eral Counsel should segregate the separate claims and then determine the proper judgment to be entered against each entity. Finally, the memorandum re- quests that the Motion for Summary Judgment be denied. As indicated above, none of the individual Respon- dents filed an answer to the complaint. Moon Trans- portation and Armstrong have failed to file a re- sponse to the Notice To Show Cause, and therefore the allegations of the complaint stand uncontroverted as to them. The memorandum filed by the attorney for the receiver of Caltrans and Moon Carrier claims that the receiver has no knowledge or information sufficient to form a belief as to the truth of the allega- tions in the complaint regarding unfair labor prac- tices allegedly committed by Respondent. However, this memorandum claiming insolvency does not ex- plain why Caltrans and Moon Carrier failed to con- tact the Regional Office of the Board concerning the items properly served on them and the necessity for action on their part. Accordingly, we find that the memorandum does not constitute good cause for the failure of Caltrans and Moon Carrier to file a timely answer within the meaning of Section 102.20 of the Board's Rules and Regulations.2 Therefore, in accordance with the rule set forth above, no good cause having been shown for the fail- ure to file a timely answer, the allegations of the com- 2 In this regard, see The Monroe Furniture Conmpan. Inc., 231 NLRB 143 (1977), and Evans Express Comrpan)r, Inc., 232 NLRB 655 (1977). plaint are deemed to be admitted and are so found by the Board, and the General Counsel's Motion for Summary Judgment is granted.3 On the basis of the entire record, the Board makes the following: FINDINGS OF FA(T 1. HE BUSINESS O()F RFSP()NDNI) I Respondent Caltrans Systems. Inc., is, and has been at all times material herein, a Delaware corpora- tion. Moon Carrier Inc., Moon Transportation, Inc.. and Armstrong Trucking Co., Inc., are, and have been at all times material herein, New Jersey corpora- tions which are, and each of them is, wholly owned subsidiaries of Caltrans Systems, Inc., and they are now, and at all times material herein have been, affili- ated business enterprises. Caltrans Systems, Inc., Moon Carrier Inc., Moon Transportation, Inc., and Armstrong Trucking Co., Inc., are now, and at all times material herein have been, a single integrated enterprise engaged in the business of trucking and warehousing freight, with terminals located at Clifton, North Bergen, and Jer- sey City, New Jersey. All all times material herein Caltrans Systems, Inc., Moon Carrier, Inc., Moon Transportation, Inc., and Armstrong Trucking Co., Inc., have constituted a single employer within the meaning of Section 2(2) of the Act and are herein collectively referred to as Respondent. In the course and conduct of its business operations during the pre- ceding 12 months, a representative period, Respon- dent derived gross revenues in excess of $50,000. of which revenues in excess of $50,000 were derived from the transportation of commodities directly in in- terstate commerce. We find, on the basis of the foregoing, that Respon- dent is. and has been at all times material herein, an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein. II. IHE LABOR ORGANIZATIONS INVOLVED Local Union No. 560, a/w International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and Local 617, a/w Interna- tional Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America. are labor organi- zations within the meaning of Section 2(5) of the Act. We hereby deny the request made by the attorney for the receiver of Caltrans and Moon Carrier that the General Counsel's Motion for Summary Judgment be denied. 709 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE UNFAIR LABOR PRACTICES A. The 8(a)(5) and (1) Violations The following employees of Respondent. repre- sented by Local 560 and Local 617, respectively, con- stitute units appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: Local 560: (a) All truckdrivers, warehouse- men, platform men, helpers, mechanics, me- chanic helpers, and office clerical employees em- ployed by Moon Carrier or Moon Transportation at its Clifton and North Bergen, New Jersey, terminals, but excluding dispatch- ers, salesmen, professional employees, guards and supervisors as defined in the Act. Local 617: (b) All truckdrivers, helpers, ware- housemen, and platform employees employed by Armstrong at its Jersey City or North Bergen, New Jersey, terminals, but excluding office cleri- cal employees, mechanics, dispatchers, sales and professional employees, guards and supervisors as defined in the Act. Local 617: (c) All mechanics and mechanic helpers employed by Armstrong at its Jersey City or North Bergen, New Jersey, terminals, but excluding all other employees, guards and super- visors as defined in the Act. At all times material herein, Local 560 and Local 617 have been, and are now, by virtue of Section 9(a) of the Act, the exclusive representatives of the em- ployees in the respective appropriate units described above for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment. On or before August 10, 1978, Caltrans and Moon Transportation purchased or transferred from Moon Carrier the physical assets, goodwill, name, accounts receivable, and other trade assets and the motor car- rier operating authorities of Moon Carrier and as- sumed the collective-bargaining agreements of Moon Carrier. On or about August 10, 1978, Moon Carrier ceased to operate its Clifton, New Jersey, terminal. On or about August 10, 1978, Caltrans and Moon Transportation opened and operated their North Ber- gen, New Jersey, terminal, where they have been, and are now, engaged in substantially the same business operations previously engaged in by Moon Carrier, employing substantially the same employees and su- pervisors as had previously been employed by Moon Carrier. On or about August 8, 1978, and continuously thereafter, Respondent refused to recognize and bar- gain collectively with Local 560 as the exclusive bar- gaining representative of the employees in unit (a), described above. On or about August 10, 1978, Re- spondent permanently ceased its operations as its Clifton, New Jersey. terminal and laid off the employ- ees in unit (a). described above. At all times material herein prior to August 10, 1978, Respondent neglected and failed to inform or notify Local 560 of its decision to permanently cease operations at its Clifton. New Jersey. terminal. al- though Local 560 requested that Respondent meet and bargain with it concerning Respondent's decision to cease its operations and concerning the effects of that decision upon the employees described in unit (a), above. At no time material herein did Respondent meet and bargain with Local 560 concerning its decision to cease its operations or concerning the effects of that decision upon its employees. On or before September 15. 1978, Caltrans and Moon Carrier or Moon Transportation purchased and acquired the capital stock and physical assets, goodwill, name, accounts receivable, and other trade assets and the motor carrier operating authorities of Armstrong and assumed the collective-bargaining agreements of Armstrong. On or about September 15, 1978. Caltrans and Moon Carrier or Moon Transpor- tation caused Armstrong to cease operating its Jersey City, New Jersey, terminal. Since on or about Sep- tember 18, 1978, Caltrans and Moon Carrier or Moon Transportation have relocated Armstrong's opera- tions to the North Bergen, New Jersey, terminal of Caltrans and Moon Carrier or Moon Transportation. where they have been, and are now, engaged in sub- stantially the same business operations previously en- gaged in by Armstrong. On or about September 15, 1978, Respondent per- manently closed and ceased to operate its Armstrong terminal in Jersey City, New Jersey, and transferred the work performed by the employees in units (b) and (c), above, to Respondent's terminal at North Bergen, New Jersey. At all times material herein Respondent failed and neglected to inform or notify Local 617 of the closing of its Jersey City terminal or the transfer of the work performed by employees represented by Local 617, although, at various times during the weeks of September 18, September 25. and October 2, 1978, Local 617 requested that Respondent meet and bargain with it concerning effects of its decision to close the Jersey City terminal and to transfer the work of employees in unit (b) and (c), above. At no time material herein did Respondent meet and bargain with Local 617 concerning the decision to close or the effects of closing the Jersey City termi- nal or concerning the transfer of work unit employees to the terminal at North Bergen, New Jersey. Accordingly. we find that, by the aforesaid con- 710 CALTRANS SYSTEMS, INC. duct, Respondent did refuse, and continues to date to refuse, to bargain collectively with Local 560 as the exclusive representative of the employees in the ap- propriate unit. By such conduct Respondent has en- gaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act. We also find that, by the aforesaid conduct, Re- spondent did refuse, and continues to date to refuse, to bargain collectively with Local 617 as the exclusive representative to its employees in the appropriate units. By such conduct, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(aX5) and (1) of the Act. B. The 8(a)(3) and (1) Violations As noted above, on or about August 10, 1979, Re- spondent permanently ceased its operations at its Clifton, New Jersey, terminal and laid off the follow- ing employees employed terminal: Robert Allen Patrick Bertone Walter Biesiadecki George Blanos Ralph Calia Richard Callan Kelly Conoscenti J. Pay Barry Devins Wayne Duthie J. Fennelly A. Fisher J. Gado L. Gallo Thomas Gallo John Grabiec Thomas Gutch Ronald Hanke Ted Hunka Harold Hohnarth Alphonso Ingenita C. uliani M. Jacuik R. Jancio Henk Jansen M. Jardin Al Kleaver Charles Kling Kenneth Keystone Walter Kuhl at its Clifton. New Jersey. August Leppin L. Lincoln Rosario Lo Monaco Al Long G. Malnick F. McGrady W. McGuire Ellio Messano Grover Mohrle III A. Montagna Jack Montelbano Jessie Oliver Lawrence O'Neill E. Orlowski Robert Orlowski D. Peters G. Pirozzolo Charles Realmonte L. Sacchiero A. Schmidt E. Sheppard R. Singer A. Sisti Sparks Lennie Stasiak J. Vankat D. Warren Joseph Wasas Norman Wiederman James Wiest On or about August 19, 1978, Respondent did re- call the employees listed above to their former or sub- stantially equivalent positions of employment, but to its North Bergen, New Jersey. terminal. Respondent laid off and refused, until August 19, 1979, to reem- ploy those employees because they were members of. or represented for the purposes of collective bargain- ing by, Local 560. Accordingly, we find that, by the aforesaid con- duct, Respondent had discriminated in regard to the hire, tenure, and other terms and conditions of em- ployment of its employees in unit (a), described above, who are represented for collective-bargaining purposes by Local 560, thereby discouraging mem- bership in Local 560. By such conduct Respondent has engaged in unfair labor practices within the meaning of Section 8(a)(3) and (1) of the Act. C. The 8(a)(1) Violations By the conduct described above in section Ill, A and B. Respondent has interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed them by Section 7 of the Act and that, by such conduct, Respondent has engaged in and is en- gaging in unfair labor practices within the meaning of Section 8(a)( I) 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 operations described in section 1, above, have a close, intimate, and substantial relationship to trade, traffic, and com- merce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the mean- ing of Section 8(a)( 1), (3), and (5) of the Act, we shall order that it cease and desist therefrom and take cer- tain affirmative action designed to effectuate the poli- cies of the Act. Some affirmative action shall include that Respon- dent, upon request, recognize and bargain with Local 560, as the exclusive representative of its employees in the appropriate unit, with regard to Respondent's de- cision to close its Clifton, New Jersey, terminal and transfer its operations to its North Bergen, New Jer- sey, terminal and with regard to the effects such clos- ing and transfer have had and may have upon its employees. Such affirmative action shall also include that Re- spondent, upon request, recognize and bargain with Local 617, as the exclusive representative of its em- 711 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees in the appropriate units, with regard to Re- spondent's decision to close its Jersey City, New Jer- sey, terminal and transfer its operations to its North Bergen, New Jersey, terminal and with regard to the effects such closing and transfer have and may have upon its employees. We have found that Respondent discriminated against those employees listed in section 111, B, above, by ceasing its operations at its Clifton, New Jersey, terminal and by laying off those employees from that terminal. Accordingly, we shall order that Respondent make whole the employees referred to above for any losses they may have suffered by reason of Respondent's discrimination against them, includ- ing payment to each of them of a sum of money equal to the amount each would normally have earned, ab- sent the discrimination against him, from the date he was laid off as a result of the decision to close the Clifton, New Jersey, terminal, on or about August 10, 1978, to the date he was returned to his former or substantially equivalent employment at Respondent's North Bergen, New Jersey, terminal, on or about Au- gust 19, 1978.4 Such payment shall be made in ac- cordance with F. W. Woolworth Company, 90 NLRB 289 (1950), with interest thereon calculated in the manner prescribed in Florida Steel Corporation, 231 NLRB 651 (1977).5 As a result of Respondent's unlawful failure to bar- gain with Local 617 over the effects of its decision to close its Jersey City, New Jersey, terminal and trans- fer its operations elsewhere, the terminated employees have been denied an opportunity to bargain their col- lective-bargaining representative at a time when Re- spondent might still have been in need of their ser- vices and a measure of balanced bargaining power existed. Meaningful bargaining cannot be assurred until some measure of economic strength is restored to Local 617. A bargaining order alone, therefore, cannot serve as an adequate remedy for the unfair labor practices committed. Accordingly, we deem it necessary, in order to ef- fectuate the purposes of the Act, to require Respon- dent to bargain with Local 617 concerning the effects of its decision to close its Jersey City terminal and transfer its operations elsewhere on its employees rep- resented by Local 617, and we shall include in our order a limited backpay requirement designed both to 4 The backpay remedy provided herein is intended not only to compensate employees fully for any losses they may have suffered during the period of time that they were actually laid off, but also to restore economic strength to Local 560 in order to assure meaningful bargaining. Thus. we find it unnec- essary to remedy the violations of Sec. 8(a)(5) in a manner similar to that required in Transmarine Navigation Corporation and its Subsidiary. Interna tional Terminals, Inc., 170 NLRB 386 (1968). We shall leave to the compli- ance stage of this proceeding the determination of the actual losses incurred by the employees resulting from Respondent's unfair labor practices. 5 See, generally, Isis Plumbing & Heating Co., 138 NLRB 716 (1962). make the whole the employees for losses, if any, suf- fered as a result of the violation and to recreate in some practicable manner a situation in which Local 617's bargaining position is not entirely devoid of eco- nomic consequences for Respondent. We shall do so in this case by requiring Respondent to pay backpay to its employees represented by Local 617 in a man- ner similar to that required in Transmarine Navigation Corporation, supra. Thus, Respondent shall pay the aforementioned employees backpay at the rate of their normal wages when last in Respondent's employ from 5 days after the date of this Decision and Order until the occurrence of the earliest of the following conditions: (I) Respondent bargaining to agreement with Local 617 on those subjects pertaining to the effects of the Jersey City terminal shutdown on its employees, (2) a bona fide impasse in bargaining, (3) failure of Local 617 to request bargaining within 5 days of this Decision and Order or to commence ne- gotiations within 5 days of Respondent's notice of its desire to bargain with Local 617, or (4) subsequent failure of Local 617 to bargain in good faith; but in no event shall the sum paid to any of these employees exceed the amount he would have earned as wages from on or about September 18, 1978, the date on which Respondent terminated its Jersey City, New Jersey, operations, to the time he secured equivalent employment elsewhere or the date on which Respon- dent shall have offered to bargain, whichever occurs sooner, provided, however, that in no event shall this sum be less than any of these employees would have earned for a 2-week period at the rate of his normal wages when last in Respondent's employ. Backpay shall be based upon earnings which the terminated employees would normally have received during the applicable period, less any net interim earnings, and shall be computed on a quarterly basis in the manner set forth in F. W. Woolworth, supra, together with interest thereon as provided in Florida Steel Corpora- lion, supra. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW I. Caltrana Systems, Inc., Moon Carrier Inc., Moon Transportation, Inc., and Armstrong Trucking Co., Inc., constitute a single employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Local Union No. 560, a/w International Broth- erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and Local 617, a/w Interna- tional Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, are labor organi- zations within the meaning of Section 2(5) of the Act. 712 CAILTRANS SYSTEMS. IN(C. 3. The following employees of Respondent. repre- sented by Local 560 and Local 617. respectively, con- stitute units appropriate for the purposes of collective bargaining within the meaning of Section 9(bh) of the Act: Local 560: (a) All truckdrivers. warehouse- men, platform men, helpers, mechanics, me- chanic helpers, and office clerical employees em- ployed by Moon Carrier or Moon Transportation at their Clifton and North Ber- gen, New Jersey, terminals, but excluding dis- patchers, salesmen, professional employees. guards and supervisors as defined in the Act. Local 617: (b) All truckdrivers, helpers, ware- housemen, and platform employees employed by Armstrong at its Jersey City or North Bergen. New Jersey, terminals, but excluding office cleri- cal employees, mechanics, dispatchers, sales and professionals employees, guards and supervisors as defined in the Act. Local 617: (c) All mechanics and mechanic helpers employed by Armstrong at its Jersey City or North Bergen, New Jersey. terminals, but excluding all other employees, guards and super- visors as defined in the Act. 4. By failing and refusing, since on or about Au- gust 8, 1978, and at all times thereafter, to recognize and bargain with Local 560, as the exclusive collec- tive-bargaining representative of its employees in the appropriate unit, with regard to its decision to close its Clifton, New Jersey, terminal and transfer its op- erations to its North Bergen, New Jersey, terminal and with regard to the effects of its decision on its employees, Respondent has engaged in and is engag- ing in unfair labor practices within the meaning of Section 8(a)(5) of the Act. 5. By failing and refusing, since on or about Sep- tember 18, 1978, and at all times thereafter, to recog- nize and bargain with Local 617, as the exclusive col- lective-bargaining representative of its employees in the appropriate units, with regard to its decision to close its Jersey City, New Jersey, terminal and to transfer its operations to its North Bergen, New Jer- sey, terminal and with regard to the effects of its deci- sion on its employees, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) of the Act. 6. By laying off its employees from its Clifton. New Jersey, terminal on or about August 10, 1978, because of their union or other protected concerted activities, Respondent has engaged in unfair labor practices within the meaning of Section 8(a)(3) of the Act. 7. By the acts described in section III, A, B, above, Respondent has interfered with, restrained, and co- erced its employees in the exercise of the rights guar- anteed them by Section 7 of the Act, and. b such conduct, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Sec- tion 8(a)( 1 ) of the Act. 8. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the mean- ing 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 Rela- tions Board hereby orders that Respondent, Caltrans Systems, Inc., Moon Carrier Inc.. Moon Transporta- tion. Inc.. and Armstrong Trucking Co.. Inc., North Bergen. New Jersey, their officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to recognize and bargain with Local Union 560, a/w International Brotherhood of Team- sters, Chauffeurs. Warehousemen and Helpers of America, as the exclusive collective-bargaining repre- sentative of its employees in the appropriate unit, with regard to its decision to close its Clifton, New Jersey, terminal and transfer its operations to its North Bergen, New Jersey, terminal and with regard to the effects of its decision on its employees. There appropriate unit is: All truckdrivers, warehousemen, platform men, helpers, mechanics, mechanic helpers, and office clerical employees employed by Moon Carrier or Moon Transportation at their Clifton and North Bergen, New Jersey. terminals, but excluding dispatchers, salesmen, professional employees, guards and supervisors as defined in the Act. (b) Refusing to recognize and bargain with Loca! 617, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, as the exclusive collective-bargaining representative of its employees in the appropriate units, with regard to its decision to close its Jersey City, New Jersey. terminal and transfer its operations to its North Ber- gen, New Jersey, terminal and with regard to the ef- fects of its decision on its employees. The appropriate units are: All truckdrivers, helpers, warehousemen, and platform employees employed by Armstrong at its Jersey City or North Bergen, New Jersey, ter- minals, but excluding office clerical employees, mechanics, dispatchers, sales and professional employees, guards and supervisors as defined in the Act. 713 I)t('ISIONS ()1 NA IONAL ILABOR RELA FIONS BOARD) All mechanics and mechanic helpers employed by Armstrong at its Jersey City or North Bergen. New Jersey, terminals, but excluding all other employees, guards and supervisors as defined in the Act. (c) Laying off or in any other manner discriminat- ing against employees because of their union or other protected concerted activities. (d) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act: (a) Recognize and, upon request, bargain collec- tively and in good faith with Local Union No. 560, a/w International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America, as the exclusive representative of the employees in the afore- said appropriate unit, with regard to its decision to close its Clifton, New Jersey, terminal and transfer its operations to its North Bergen, New Jersey, terminal and with regard to the effects of its decision on its employees. (b) Recognize and, upon request, bargain collec- tively and in good faith with Local 617, a/w Interna- tional Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, as the exclusive representative of the employees in the aforesaid ap- propriate units, with regard to its decision to close its Jersey City, New Jersey, terminal and transfer its op- erations to its North Bergen, New Jersey, terminal and with regard to the effects of its decision on its employees. (c) Make whole the following employees for any loss of pay they may have suffered by reason of the discrimination against them, plus interest, in the man- ner and for the period set forth in the section of this Decision entitled "The Remedy": Robert Allen Patrick Bertone Walter Biesiadecki George Blanos Ralph Calia Richard Callan Kelly Conoscenti J. Pay Barry Devins Wayne Duthie J. Fennelly A. Fisher J. Gado L. Gallo Thomas Gallo John Grabiec Thomas Gutch August Leppin L. Lincoln Rosario Lo Monaco Al Long G. Malnick F. McGrady W. McGuire Ellio Messano Grover Mohrle III A. Montagna Jack Montelbano Jessie Oliver Lawrence O'Neill E. Orlowski Robert Orlowski D. Peters G. Pirozzolo Ronald Hanke Ted Hunka Harold Hohnarth Alphonso Ingenita C. luliani M. Jacuik R. Jancio Henk Jansen M. Jardin Al Kleaver Charles Kling Kenneth Keystone Walter Kuhl Charles Realmonte L. Sacchiero A. Schmidt E. Sheppard R. Singer A. Sisti Sparks Lennie Stasiak J. Vankat D. Warren Joseph Wasas Norman Wiederman James Wiest (d) Pay the employees terminated from the Jersey City, New Jersey, terminal their normal wages for the period set forth in the remedy section of this Decision and Order. (e) Preserve and, upon request, make available to the Board or its agents, for examination and copying, 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. (f) Post at its North Bergen, New Jersey, facility. or any other facility to which it has subsequently moved, copies of the attached notice marked "Appen- dix." 6 Copies of said notice, on forms provided by the Regional Director Region 22, after being duly signed by Respondent's representative, shall be posted by it immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to em- ployees are customarily posted. Reasonable steps shall be taken by Respondent to insure that said no- tices are not altered, defaced, or covered by any other material. (g) Notify the Regional Director for Region 22, in writing, within 20 days from the date of this Order. what steps the Respondent has taken to comply here- with. I In the event that this Order is enforced b) a Judgment of a United States Court of Appeals, the words In the notice reading "Posted b) Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order or the National Labor Relations Board." APPENDIX NOTI(CE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to recognize and bargain with Local Union No. 560, a/w International Brotherhood of Teamsters, Chauffeurs, Ware- 714 CALTRANS SYSTEMS, INC housemen and Helpers of America, as the exclu- sive collective-bargaining representative of our employees in the appropriate unit, with regard to our decision to close our Clifton, New Jersey, terminal and to transfer our operations to our North Bergen, New Jersey, terminal and with re- gard to the effects of our decision on our employ- ees. The appropriate unit is: All truckdrivers, warehousemen, platform men, helpers, mechanics, mechanic helpers. and office clerical employees employed by Moon Carrier or Moon Transportation at their Clifton and North Bergen, New Jersey. terminals, but excluding dispatchers, salesmen, professional employees, guards and supervi- sors as defined in the Act. WE WII.I NOI refuse to recognize and bargain with Local 617, a/w International Brotherhood of Teamsters, Chauffeurs. Warehousemnen and Helpers of America, as the exclusive collective- bargaining representative of our employees in the appropriate units, with regard to our decision to close our Jersey City. New Jersey, terminal and transfer our operations to our North Bergen. New Jersey, terminal and with regard to the ef- fects on our employees. The appropriate units are: All truckdrivers, helpers, warehousemen. and platform employees employed by Armstrong at its Jersey City or North Bergen, New Jer- sey, terminals, but excluding office clerical em- ployees, mechanics, dispatchers, sales, and professional employees, guards and supervi- sors as defined in the Act. All mechanics and mechanic helper employed by Armstrong at its Jersey City or North Ber- gen, New Jersey, terminals. but excluding all other employees, guards and supervisors as de- fined in the Act. WE WILL NOT lay off or otherwise discriminate against employees because of their protected concerted activities. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL recognize and, upon request, bargain collectively and in good faith with Local Union No. 560, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, as the exclusive collective- bargaining representative of our employees in the aforesaid appropriate unit, with regard to our decision to close our Clifton, New Jersey, termi- nal and transfer our operations to our North Bergen, New Jersey, terminal and with regard to the effects of our decision on our employees. WE WIt.!. recognize and, upon request. bargain collectively and in good faith with Local 617. a/ w International Brotherhood of Teamsters. Chauffeurs. Warehousemen and Helpers of America, as the exclusive collective-bargaining representative of our employees in the aforesaid appropriate units, with regard to our decision to close our Jersey City, New Jersey. terminal and transfer our operations to our North Bergen. New Jersey. terminal and with regard to the ef- fects of our decision on our employees. WF WI.l, pay the following employees for any loss of pay they may have suffered when they were laid off on or about August 10. 1978. when we closed our Clifton, New Jersey. terminal. with interest thereon: Robert Allen Patrick Bertone Walter Biesiadecki George Blanos Ralph Calia Richard Callan Kelly Conoscenti J. Pay Barry Devins Wayne Duthie J. Fennelly A. Fisher J. Gado L. Gallo Thomas Gallo John Grabiec Thomas Gutch Ronald Hanke Ted Hunka Harold Hohnarth Alphonso Ingenita C. luliani M. Jacuik R. Jancio Henk Jansen M. Jardin Al Kleaver Charles Kling Kenneth Keystone Walter Kuhl August Leppin L. Lincoln Rosario Lo Monaco Al Long G. Malnick F. McGrady W. McGuire Ellio Messano Grover Mohrle III A. Montagna Jack Montelbano Jessie Oliver Lawrence O'Neill E. Orlowski Robert Orlowski D. Peters G. Pirozzolo Charles Realmonte L. Sacchiero A. Schmidt E. Sheppard R. Singer A. Sisti Sparks Lennie Stasiak J. Vankat D. Warren Joseph Wasas Norman Wiederman James Wiest WE WILt, pay the employees terminated from the Jersey City, New Jersey. terminal their nor- mal wages for the period set forth in the remedy section of the Board's Decision and Order. CAI-TRANS SYSTEMS, IN(. 715