Wilson & Sons

350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Jerry C. Wilson, Curtis Wilson and Rodney V. Wilson d/b/a Wilson & Sons and International Brother- hood of Electrical Workers, Local Union No. 543, AFL-CIO. Cases 21-CA-9558 and 21-CA-9952 September 24, 1971 DECISION AND ORDER By CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS Upon charges filed on September 30, 1970, and April 16, 1971, by International Brotherhood of Electrical Workers, Local Union No. 543, AFL-CIO, herein called the Union, and duly served on Jerry C. Wilson, Curtis Wilson and Rodney V. Wilson d/b/a Wilson & Sons, herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 21, issued an Order Consolidating Cases, Consolidated Com- plaint, and Notice of Hearing on May 27, 1971, against Respondent, 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 charges, and the Order Consolidating Cases, Consolidated Complaint and Notice of Hearing before a Trial Examiner were duly served on the parties to this proceeding. With respect to the unfair labor practices, the consolidated complaint alleges, in substance, that on October 17, 1969, the Respondent and Union entered into a collective-bargaining agreement, effective October 17, 1969, through March 31, 1972, with provision for automatic yearly extension, in which the Respondent agreed to recognize the Union as the collective-bargaining representative of all of its employees in the following appropriate unit of: All construction and maintenance employees, performing work within the approved jurisdiction of the Union, including all foremen, all working foremen, technicians, journeymen linemen, equip- ment operators, splicers, groundmen, utility men, and apprentices, employed by the Employer; excluding all office and clerical employees, profes- sional employees, guards, and supervisors as defined in the Act. The consolidated complaint further alleges that commencing on or about April 1, 1970, and at all times thereafter, Respondent has refused, and contin- ues to date to refuse, to bargain collectively in good faith with the Union with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment of the employees in the unit, and that the Respondent did, without prior notification to the Union, change the terms and conditions of employment of said employees by engaging in conduct which includes, but is not limited to, discontinuance of contributions to the Harrison Electrical Workers Trust Fund and National Electri- cal Benefit Fund, herein called the Trust Funds, required by the collective-bargaining agreement and refusal to deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement. The Respondent failed to file an answer to the consolidated complaint. On July 14, 1971, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment based upon the Respondent's failure to file a timely answer as required by Sections 102.20 and 102.22 of the Board's Rules and Regulations. Subse- quently, on July 19, 1971, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. The Respondent failed to file a response to Notice To Show Cause. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with 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 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 admit- ted to be true and shall be so found by the Board, unless good cause to the contrary is shown. The Order Consolidating Cases, Consolidated Complaint and Notice of Hearing served on the Respondent specifically stated that unless an answer was filed to the consolidated complaint within 10 days from the service thereof, "all of the allegations in said Consolidated Complaint shall be deemed to be admitted to be true and may be so found by the 193 NLRB No. 51 WILSON & SONS 351 Board." The Respondent did not file an answer to the consolidated complaint within 10 days from the service of the consolidated complaint, or at any other time. No good cause to the contrary having been shown, in accordance with the rule set forth above, the allegations in the consolidated complaint against the Respondent are deemed to be admitted to be true. Accordingly , we find as true all the allegations of the complaint against the Respondent . ' We shall, accord- ingly, grant the Motion for Summary Judgment. On the basis of the entire record , the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT At all times material herein , Respondent, Jerry C. Wilson, Curtis Wilson and Rodney V. Wilson copartners doing business under the trade name and style of Wilson & Sons with its principal place of business at 1817 Nordic Place, Orange, California, has been engaged in the business of installing cable television antenna systems. During calendar year 1970, Respondent, in the normal course and conduct of its business operations, performed services valued in excess of $50,000 for customers located outside the State of California. We find, on the basis of the foregoing, that Respondent 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 International Brotherhood of Electrical Workers, Local Union No. 543, AFL-CIO, is a labor organiza- tion within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. The Unit The following employees of the Respondent consti- tute a unit appropriate for collective -bargaining purposes within the meaning of Section 9 (b) of the Act: All construction and maintenance employees, performing work within the approved jurisdiction of the Union, including all foremen , all working foremen , technicians , journeymen linemen , equip- ment operators , splicers, groundmen , utility men, and apprentices , employed by the Employer; excluding all office and clerical employees, profes- sional employees, guards, and supervisors as defined in the Act. The Union has been the collective-bargaining representative of the employees in said unit since October 17, 1969, when the Respondent and Union executed the collective-bargaining agreement effec- tive October 17, 1969, through March 31, 1972, and the Union continues to be such exclusive representa- tive within the meaning of Section 9(a) of the Act. B. The Request To Bargain and Respondent's Refusal Commencing on or about April 1, 1970, and at all times thereafter , the Union has requested the Respon- dent to bargain collectively with it as the exclusive collective-bargaining representative of all the employ- ees in the above-described unit. Commencing on or about April 1, 1970, and continuing at all times thereafter to date, the Respondent has refused, and continues to refuse, to bargain in good faith with the Union with respect to rates of pay, wages , hours of employment, and other terms and conditions of employment of the employees in said unit, and did, without prior notification to the Union, change the terms and conditions of employment of said employ- ees by engaging in conduct which includes , but is not limited to, discontinuance of contributions to the Trust Funds, required by the collective-bargaining agreement, and refusal to deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement. Accordingly, we find that the Respondent has, since April 1, 1970, and at all times thereafter, refused to bargain collectively in good faith with the Union with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment of the employees in the appropriate unit, that the Respon- dent did, without prior notification to the Union, change the terms and conditions of employment of said employees by engaging in conduct which includes, but is not limited to, discontinuance of contributions to the Trust Funds required by the collective-bargaining agreement and refusal to deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement, and that , by such refusal and unilateral conduct, the Respondent has engaged in and is engaging 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 the Respondent set forth in section I Verve Records, Inc, 127 NLRB 1045, Liquid Carbonic Corporation, 116 NLRB 795. 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III, above, occurring in connection with its operations described in section I, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing com- merce 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 meaning of Section 8(a)(5) 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. As the Respondent on or about April 1, 1970, and at all times thereafter, refused and still refuses to bargain in good faith with the Union with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment of the employees in the appropriate unit, and did, without prior notification to the Union, change the terms and conditions of employment of said employees by engaging in conduct which includes, but is not limited to, discontinuance of contributions to the Trust Funds, required by the collective-bargaining agreement, and refusal to deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement, we shall order that the Respondent recognize and deal with the Union as the exclusive bargaining representative of its employees in the appropriate unit, by honoring the agreement executed by it on October 17, 1969, in all its terms. In honoring said agreement , Respondent shall make contributions to the Trust Funds required by the collective-bargaining agreement and deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Respondent, Jerry C. Wilson, Curtis Wilson and Rodney V. Wilson d/b/a Wilson & Sons, is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Brotherhood of Electrical Work- ers, Local Union No. 543, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. All construction and maintenance employees, performing work within the approved jurisdiction of the Union, including all foremen, all working fore- men, technicians , journeymen linemen, equipment operators, splicers, groundmen, utility men, and apprentices, employed by the Employer; excluding all office and clerical employees, professional employees, 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 October 17, 1969, the above-named labor organization has been the exclusive representative of all employees in the aforesaid appropriate unit for the purpose of collective bargaining within the meaning of Section 9(a) of the Act. 5. By refusing on or about April I, 1970, and at all times thereafter, to bargain collectively in good faith with the above-named labor organization with respect to rates of pay, wages, hours, and other terms and conditions of employment of the employees of Respondent in the appropriate unit and, without prior notification to the Union, by changing the terms and conditions of employment of said employees by engaging in conduct which includes, but is not limited to, discontinuance of contributions to the Trust Funds, required by the collective-bargaining agree- ment, and refusal to deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) of the Act. 6. By the aforesaid refusal to bargain, Respondent has interfered with, restrained, and coerced, and is interfering with, restraining, and coercing, employees in the exercise of the rights guaranteed to them in Section 7 of the Act, and thereby has engaged 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 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 Relations Board hereby orders that Respondent, Jerry C. Wilson, Curtis Wilson and Rodney V. Wilson d/b/a Wilson & Sons, its agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain in good faith with the International Brotherhood of Electrical Workers, Local Union No. 543, AFL-CIO, concerning rates of pay, wages, hours , and other terms and conditions of employment of the employees in the appropriate unit, and disregarding or refusing to carry out any of the terms of the collective-bargaining agreement executed by the Respondent on October 17, 1969. (b) In any like or related manner interfering with, WILSON & SONS restraining, or coercing employees in the exercise 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) Bargain with the above-named labor organiza- tion 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 honor and comply with all terms of the agreement executed by the Respondent on October 17, 1969. (b) Make payments into the Harrison Electrical Workers Trust Fund and National Electrical Benefit Fund required by the collective-bargaining agreement and deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement. (c) 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 compute the amount of payments due to the Harrison Electrical Workers Trust Fund and National Electrical Benefit Fund and the amount of dues deduction from the earnings of said employees, as required by the collective-bargain- ing agreement. (d) Post at its Orange, California, place of business copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director for Region 21, 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- dent to insure that said notices are not altered, defaced, or covered by any other material. (e) Notify the Regional Director for Region 21, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. 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 be changed to read "POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES COURT OF APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD" APPENDIX 353 NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with Interna- tional Brotherhood of Electrical Workers, Local Union No. 543, AFL-CIO, as the exclusive representative of the employees in the bargaining unit described below. WE WILL NOT refuse to recognize or deal with the above-named Union, as the exclusive bargain- ing representative of the employees in the bargain- ing unit described below, by disregarding or refusing to carry out the terms of the collective- bargaining agreement executed by us on October 17, 1969, with said Union. 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 bargain with the above-named Union, as the exclusive representative of all employees in the bargaining unit described below, with respect to rates of pay, wages, hours, and other terms and conditions of employment. The bargaining unit is: All construction and maintenance employ- ees, performing work within the approved jurisdiction of the Union, including all foremen, all working foremen, technicians, journeymen linemen, equipment operators, splicers, groundmen, utility men, and appren- tices, employed by the Employer; excluding all office and clerical employees, professional employees, guards, and supervisors as de- fined in the Act. WE WILL make payments into the Harrison Electrical Workers Trust Fund and National Electrical Benefit Fund required by the collective- bargaining agreement and deduct dues from the earnings of said employees and remit these dues to the Union, as required by said agreement. 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD JERRY C. WILSON, This is an official notice and must not be defaced by CURTIS WILSON AND anyone. RODNEY V. WILSON This notice must remain posted for 60 consecutive D/B/A WILSON & SONS days from the date of posting and must not be altered, (Employer) defaced, or covered by any other material. Any questions concerning this notice or compliance Dated By with its provisions may be directed to the Board's (Representative) (Title) Office, Room 600, Eastern Columbia Building, 849 South Broadway, Los Angeles, California 90014, Telephone 213-688-5254.