Grand Motel, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Grand Motel, Inc. and Retail Clerks International As- sociation, Local 1550, AFL-CIO. Case 13-CA- 18080 March 28, 1979 DECISION AND ORDER BY MEMBERS JENKINS, MURPHY, AND TRUESDALE Upon a charge filed on September 27, 1978, by Re- tail Clerks International Association, Local 1550, AFL-CIO, a labor organization, herein called the Union, and duly served on Grand Motel, Inc., herein called Respondent, the General Counsel of the Na- tional Labor Relations Board, by the Regional Direc- tor for Region 13, issued a complaint and notice of hearing on November 9, 1978, against Respondent, alleging that Respondent had engaged in and was en- gaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(l) and (3) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, 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 January 8, 1979, counsel for the General Coun- sel filed directly with the Board a Motion for Sum- mary Judgment. Subsequently, on January 18, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the Gen- eral Counsel's Motion for Summary Judgment should not be granted. Respondent did not file a response to the Notice To Show Cause, and therefore the allega- tions of the Motion for Summary Judgment stand un- controverted. Purusant 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 Respondent filed neither an answer to the com- plaint nor a response to the Notice To Show Cause. Section 102.20 of the Board's Rules and Regulations provides: 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 to the complaint was 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." According to the uncontro- verted allegations of the Motion for Summary Judg- ment, counsel for the General Counsel on December 18, 1978, by telegram, notified Respondent that it had failed to comply with Section 102.20 of the Board's Rules and Regulations and that if prompt compliance was not forthcoming counsel for the General Counsel would file a Motion for Summary Judgment. As noted, no answer had been filed as of the date of filing of the Motion for Summary Judgment. Respondent has not filed any response to the Notice To Show Cause. 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. Accordingly, we find as true all the alle- gations of the complaint and shall 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 Grand Motel, Inc., is, and at all times material herein has been, an Illinois corporation with a place of business located at 10022 South Halsted Street, Chicago, Illinois. Respondent operates a second place of business located at 4929 West Madison Street, Chi- cago, Illinois, which at all times material herein has been an Illinois corporation. These corporations are, and at all times material herein have been, affiliated businesses with common officers, ownership, direc- tors, and operators who administer a common labor policy for both corporations and constitute joint and/ or a single employer. At all times material herein, Respondent, at its aforesaid places of business, has been and is engaged in the business of operating mo- tels. During the 12-month period immediately pre- ceding the issuance of the complaint, Respondent, in 241 NLRB No. 78 532 GRAND MOTEL. INC. the course and conduct of its business operations, re- ceived gross annual revenues in excess of $500,000 and purchased and received within the State of Illi- nois goods and services which originated directly out- side the State of Illinois valued at in excess of $5,000. Respondent is now, 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. II. THE LABOR ORGANIZATION INVOLVED The Union is now and at all times material herein has been a labor organization within the meaning of Section 2(5) of the Act. III. THE RESPONDENT'S AGENTS At all times material herein, Charles F. Moore, president and owner, and Janet L. McCoy, manager of the Halsted Street location, have been, and are now, agents of Respondent acting on its behalf wihin the meaning of Section 2(13) of the Act, and/or su- pervisors within the meaning of Section 2(11) of the Act. IV. THE UNFAIR LABOR PRACTICES A. The Independent 8(a)(1) Violation 1. On or about July 31, 1978, Respondent, at the Halsted Street location, interfered with, restrained, and coerced its employees in the exercise of their Sec- tion 7 rights by the following acts and conduct: (a) Respondent, by its supervisor and/or agent Charles F. Moore, interrogated employees regarding said employees' union activities, sympathies and de- sires. (b) Respondent, by its supervisor and/or agent Charles F. Moore, threatened an employee with the closing of Respondent's business operations should the Union represent its employees. (c) Respondent, by its supervisor and/or Agent Charles F. Moore, threatened an employee with dis- charge because of said employee's union activities by informing said employee that previous employees had been discharged because they had engaged in union activities. Accordingly, we find that by the aforesaid conduct Respondent has restrained and coerced, and is re- straining and coercing, employees in the exercise of their rights guaranteed in Section 7 of the Act and thereby has engaged in unfair labor practices within the meaning of Section 8(a)(1) of the Act. B. The 8(a)(3) 'iolations On or about September 17, 1978, Respondent dis- charged and has since failed and/or refused to rein- state its employee Ollie Jimison because Jimison en- gaged in union and/or protected concerted activities. Accordingly. we find that b3 the aforesaid conduct Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(3) and () of the Act. V. THE EFFECT OF THE UNFAIR I.ABOR PRACIi( ES UPON COMMERCE The activities of Respondent set forth in section IV.', above, occurring in connection with its operations de- scribed 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. VI. THE REMhI)Y Having found that Respondent has engaged in and is engaging in unfair labor practices within the mean- ing of Section 8(a)(1) and (3) of the Act, we shall order that it cease and desist therefrom and that it take certain affirmative action, as set forth below, de- signed to effectuate the purposes and policies of the Act. Having found that Respondent unlawfully dis- charged Ollie Jimison, we shall order that she be of- fered immediate and full reinstatement to her former job or, if such position no longer exists, to a substan- tially equivalent position, without prejudice to her se- niority or other rights and privileges. We also shall order that Respondent make employee Ollie Jimison whole for any loss of pay she may have suffered be- cause of the discrimination against her, by payment to her of a sum equal to what she would have earned from the date of her discharge until she is fully rein- stated or receives a valid offer of reinstatement, less any net interim earnings. Backpay shall be computed in accordance with the formula set forth in F W. Woolworth Company, 90 NLRB 289 (1950), with in- terest thereon to be computed in the manner pre- scribed in Florida Steel Corporation, 231 NLRB 651 (1977).' Having found that the unfair labor practices com- mitted by Respondent were of a character which strike at the very heart of the Act, we shall also order Respondent to cease and desist from infringing in any See. generally. Isis Plumbing & He ating Co, 138 NlRB 716 (19621 533 DECISIONS OF NATIONAL LABOR RELATIONS BOARD other manner upon the rights of employees guaran- teed by Section 7 of the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Grand Motel, Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Retail Clerks International Association, Local 1550, AFL-CIO, is now, and has been at all times material herein, a labor organization within the meaning of Section 2(5) of the Act. 3. At all times material herein, Charles F. Moore, president and owner of Grand Motel, Inc., and Janet L. McCoy, manager of the Halsted Street location, have been, and are now, agents of Respondent acting on its behalf within the meaning of Section 2(13) of the Act, and/or supervisors within the meaning of Section 2(1 1) of the Act. 4. By the acts described in section IV, B, above, Respondent has discriminated in regard to the hire and tenure of employment of its employees, thereby discouraging membership in or activities on behalf of a labor organization, and thereby has engaged in un- fair labor practices within the meaning of Section 8(a)(3) and (1) of the Act. 5. By the acts described in section IV, A, above, Respondent has interfered with, restrained, and co- erced its employees in the exercise of the rights guar- anteed them in Section 7 of the Act and thereby has engaged in unfair labor practices within the meaning of Section 8(a)( ) of the Act. 6. 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 the Respondent, Grand Motel, Inc., Chicago, Illinois, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Interrogating its employees regarding their union activities, sympathies, and desires. (b) Threatening its employees with the closing of Respondent's business operations in the event Retail Clerks International Association, Local 1550, AFL- CIO, becomes their collective-bargaining representa- tive. (c) Threatening its employees with discharge be- cause of their union activities. (d) Discharging employees, refusing to reinstate them, or otherwise discriminating against them be- cause they engage in union or other protected con- certed activities. (e) In any other manner interfering with, restrain- ing, or coercing its employees in the exercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act: (a) Offer Ollie Jimison immediate and full rein- statement to her former job or, if such position no longer exists, to a substantially equivalent position, without prejudice to her seniority or any other rights and privileges previously enjoyed, and make her whole for any losses she may have suffered by reason of the discrimination against her as set forth in the section of this Decision entitled "The Remedy." (b) 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. (c) Post at its locations at South Halsted Street and West Madison Street, Chicago, Illinois, copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director for Region 13, after being duly signed by Respon- dent's representative, shall be posted by Respondent 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. (d) Notify the Regional Director for Region 13, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply here- with. 2 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 Pursuant 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 discharge, refuse to reinstate, or otherwise discriminate against our employees be- 534 GRAND MOTEL. INC. cause they engage in union activities or other protected concerted activities. WE WILL NOT interrogate our employees re- garding their union activities, sympathies. and desires. WE WILL NOT threaten our employees with the closing of our business operations in the event Retail Clerks International Association, Local 1550, AFL-CIO, becomes their collective-bar- gaining representative. WE WILL NOT threaten our employees with discharge because of their union activities. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the ex- ercise of the rights guaranteed them in Section 7 of the National Labor Relations Act, as amended. WE WILL offer Ollie Jimison full and immedi- ate reinstatement to her former job or. if such position no longer exists, to a substantially equivalent position, without prejudice to her se- niority or other rights and privileges: and we will make her whole for any losses she may have suf- fered by reason of the discrimination against her. plus interest. GRAND MOTEL, INC. 535