Colonial Rubber Co.

343 NLRB No. 10 Colonial Rubber Company and United Steelworkers of America, AFL–CIO, CLC. Case 8–CA– 35002–1 September 29, 2004 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS WALSH AND MEISBURG The General Counsel seeks a default judgment in this case on the ground that the Respondent has failed to file an answer to the complaint. Upon a charge filed by the Union on April 21, 2004, the General Counsel issued the complaint on June 30, 2004, against Colonial Rubber Company, the Respondent, alleging that it has violated Section 8(a)(1) and (5) of the Act. The Respondent failed to file an answer. On August 30, 2004, the General Counsel filed a Mo- tion for Default Judgment with the Board. On September 2, 2004, the Board issued an order transferring the pro- ceeding 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 Default Judgment Section 102.20 of the Board’s Rules and Regulations provides 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 stated that unless an answer was filed by July 14, 2004, all the allegations in the complaint would be considered admit- ted. Further, the undisputed allegations in the General Counsel’s motion disclose that the Region, by telephone conversation with the Respondent’s controller on August 10, 2004, and by facsimile and certified letter dated Au- gust 11, 2004, notified the Respondent that unless an answer was received by August 18, 2004, a motion for default 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 Default Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent, an Ohio corpo- ration with a facility located in Ravenna, Ohio, has been engaged in the manufacture of molded rubber products. Annually, in the course and conduct of its business op- erations, as described above, the Respondent sells and ships goods valued in excess of $50,000 directly to points located outside the State of Ohio. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act, and that United Steelworkers of America, AFL–CIO, CLC, the Union, is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES At all material times, the following individuals held the positions set forth opposite their respective names and have been supervisors of the Respondent within the meaning of Section 2(11) of the Act and agents of the Respondent within the meaning of Section 2(13) of the Act: Dale Fosnight President Alan Fosnight Controller The following employees of the Respondent (the unit) constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9(b) of the Act: All production, maintenance and service employees employed at Ravenna, Ohio, excluding all foremen, full-time supervisors, timekeepers, clerks, office em- ployees and confidential salaried employees. Since at least 1996 and at all material times thereafter, the Union has been the designated exclusive collective- bargaining representative of the unit and has been recog- nized as the representative by the Respondent. This rec- ognition has been embodied in successive collective- bargaining agreements, the most recent of which is effec- tive from February 1, 2003 through January 31, 2006. Since about December 19, 2003, the Union, by letter, has requested that the Respondent furnish it with the fol- lowing financial information: 1. Balance sheets with details as normally prepared by the Company. 2. Income statement with revenue and cost breakdown as follows, for the past 5 years and year to date: (a) Revenues: Actual sales separated from any other income, such as sales of assets, investment in- come, etc. When feasible, include data on the num- ber of units of production; units produced, sold and the average selling price per unit if sold. (b) Costs: This should include a detailed break- down (such as is normally contained in an auditor’s supplementary report) of costs of products sold and administrative and selling expenses. Items to be DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 shown should include: wages paid to members to- gether with all fringe benefit costs, including pen- sions, insurance, and payroll taxes, salaried employ- ees, plus fringe benefit and payroll tax costs simi- larly stated. 3. Copies of reports such as MA1000 and MA100 pre- pared for the U.S. Census Bureau for 2002 and before, which will tend to verify and confirm the revenue and cost data requested in Item 3. 4. Any available operating and financial information and projections for full-year 2003 and a forecast or budget for 2004. The above information requested by the Union is nec- essary for and relevant to, the Union’s performance of its duties as the exclusive collective-bargaining representa- tive of the unit. Since December 19, 2003, the Respondent has failed and refused to furnish the Union with the information requested by it. CONCLUSION OF LAW By refusing to furnish Union with the information re- quested in its December 19, 2003 letter, the Respondent has failed and refused to bargain collectively and in good faith with the exclusive collective-bargaining representa- tive of its unit employees, and has thereby engaged in unfair labor practices affecting commerce within 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 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 violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with information that is relevant and necessary to its role as the exclusive bargaining representative of the unit em- ployees, we shall order the Respondent to furnish the Union with the information it requested in its letter of December 19, 2003. ORDER The National Labor Relations Board orders that the Respondent, Colonial Rubber Company, Ravenna, Ohio, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to furnish United Steelworkers of America, AFL–CIO, CLC, with information necessary for and relevant to the performance of its duties as the exclusive collective-bargaining representative of the em- ployees in the following appropriate unit: All production, maintenance and service employees employed at Ravenna, Ohio, excluding all foremen, full-time supervisors, timekeepers, clerks, office em- ployees and confidential salaried employees. (b) 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 December 19, 2003. (b) Within 14 days after service by the Region, post at its facility in Ravenna, Ohio, copies of the attached no- tice marked “Appendix.”1 Copies of the notice, on forms provided by the Regional Director for Region 8, after being signed by the Respondent’s authorized representa- tive, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respon- dent 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 Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all cur- rent employees and former employees employed by the Respondent at any time since December 19, 2003. 1 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.” COLONIAL RUBBER CO. 3 (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 com- ply. 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 Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT fail and refuse to furnish United Steel- workers of America, AFL–CIO, CLC, with information necessary for and relevant to the performance of its du- ties as the exclusive collective-bargaining representative of the employees in the following appropriate unit: All production, maintenance and service employees employed at Ravenna, Ohio, excluding all foremen, full-time supervisors, timekeepers, clerks, office em- ployees and confidential salaried employees. 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 by letter dated December 19, 2003. COLONIAL RUBBER COMPANY