Lane Tool and Manufacturing, Inc.

LANE TOOL AND MANUFACTURING, INC. 307 Lane Tool and Manufacturing, Inc.; Lane Tool & Engineering Co.; and Lane Punch Corp. and International Union, United Automobile, Aeros- pace and Agricultural Implement Workers of America. Case 4-CA-5634 November 23, 1971 DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND KENNEDY Upon a charge filed on July 20, 1971, by Interna- tional Union, United Automobile, Aerospace and Agricultural Implement Workers of America, herein called the Union, and duly served on Lane Tool and Manufacturing, Inc., herein called Lane, Lane Tool & Engineering Co., herein called Lane Tool, and Lane Punch Corp., herein called Lane Punch, herein also called collectively the Respondent, the Acting Gener- al Counsel of the National Labor Relations Board, by the Regional Director for Region 4, issued a com- plaint and amended complaint on August 24 and 27, 1971, respectively, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, 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 complaint alleges in substance that between on or about June 11 and on or about June 18, 1971, the Respondent (A) threatened employees with loss of employment if the Union won a scheduled Board election, promised them a pay raise if the Union lost the election, promised laid-off employee Robert R. Watson reinstatement if he did not vote in the election, threatened employees with plant closure and relocation if the Union won the election, and threatened employees with plant closure if the Union won the election; and (B) on or about June 11 and 16, 1971, the Respondent, by its agents, laid off or terminated Robert R. Watson and Joseph N. Nields, respectively, and at all times since has failed and refused, and continues to fail and refuse, to reinstate said employees because they designated the Union as their bargaining representative or indicated their desire to have the Union as bargaining agent or engaged in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. By the aforesaid acts, described above, the complaint alleges that the Respondent has violated Section 8(a)(1) and (3) of the Act. On September 20, 1971, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on September 24, 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. Respondent there- after filed a response to Notice To Show Cause, in the form of its letter of October 6, 1971. Pursuant to the provisions of Section 3(b) °of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authonty 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 complaint and notice of hearing served on the Respondent specifically stated that unless an answer was filed to the complaint within 10 days from the service thereof "all of the allegations of the complaint shall be deemed to be admitted to be true and may be so found by the Board." Further, according to the Motion for Summary Judgment, after the required time for filing an answer had expired, counsel for the General Counsel called Respondent's president, William E. Porter, who indicated that the Respondent would file an answer by close of business on September 13, 1971. To date the Respondent has failed to file an answer to the complaint and has given no reason for its failure to file, even in its October 6, 1971, response to the Notice To Show Cause in which it only generally denies the commission of the alleged unfair labor practices. The allegations in the Motion for Summary Judgment thus stand uncontroverted. As the Respondent has not filed an answer within 10 days from the service of the complaint or at any other time, and as no good cause to the contrary having been shown, in accordance with the rules set forth 194 NLRB No. 47 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD above, the allegations of the complaint herein are deemed to be admitted to be true and are so found to be true.' We shall accordingly 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 Lane, a corporation with a place of business in Riverton, New Jersey, Lane Tool, a corporation with a recent place of business in Fort Lauderdale, Florida, and Lane Punch, a New Jersey corporation with its principal place of business in Pennsauken, New Jersey, operate under the control and direction of their principal officer, William E. Porter. At its Pennsauken, New Jersey, facility, the Respondent is engaged in the manufacture of interchangeable die equipment and precision parts for machine tools. During the past year, the value of the Respondent's sales and shipments from its Pennsauken, New Jersey, facility to customers located outside the State of New Jersey was in excess of $50,000. 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. of the Act and that, by such conduct, the Respondent thereby engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act. B. The 8(a)(3) and (1) Violations On or about June 11 and 16, 1971, the Respondent, by its agents, laid off or terminated Robert R. Watson and Joseph N. Nields, respectively, and at all times since has failed and refused, and continues to fail and refuse, to reinstate said employees because they designated the Union as their bargaining representa- tive or indicated their desire to have the Union as bargaining agent or engaged in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Accordingly we find that, by the Respondent's aforesaid layoff or termination of employees Robert R. Watson and Joseph N. Nields and by its failure and refusal to reinstate said employees, the Respon- dent discriminated in regard to the terms and conditions of employment of its employees because of their union activities, thereby discouraging member- ship in a labor organization and that by such conduct the Respondent engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(3) and (1) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE II. THE LABOR ORGANIZATION INVOLVED International Union, United Automobile, Aeros- pace and Agricultural Implement Workers of Ameri- ca is a labor organization within the meaning of Section 2(5) of the Act. III. UNFAIR LABOR PRACTICES A. The Independent 8(a)(1) Violations At various times between on or about June 11 and on or about June 18, 1971, the Respondent threatened employees with loss of employment if the Union won a scheduled Board election, promised them a pay raise if the Union lost the election, promised laid-off employee Robert R. Watson reinstatement if he did not vote in the election, threatened employees with plant closure and relocation if the Union won the election, and threatened employees with plant closure if the Union won the election. Accordingly, we find that, by the aforesaid threats and promises to employees, the Respondent inter- fered with, restrained, and coerced its employees in the exercise of the rights guaranteed under Section 7 The activities of Respondent set forth in section III, above, occurring in connection with the 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)(1) and (3) 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. Having found that the Respondent violated Section 8(a)(3) and (1) of the Act by discriminatorily laying off or terminating employees Robert R. Watson and Joseph N. Nields and discriminatorily failing and refusing to reinstate them, we shall order that the Respondent offer each of them immediate and full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, 1 Wilson & Sons, 193 NLRB No. 51, and cases cited therein. LANE TOOL AND MANUFACTURING, INC. without prejudice to his seniority and other rights and privileges, and make each of them whole for any loss of earnings each may have suffered by reason of such discrimination, by payment of a sum of money equal to that which each normally would have earned as wages from the date of discharge to the date of said offer of reinstatement, less his net earnings during such period, with backpay computed on a quarterly basis in the manner established by the Board in F. W. Woolworth Company, 90 NLRB 289, 294, and with interest thereon as prescribed by the Board in Isis Plumbing & Heating Co., 138 NLRB 716. As the unfair labor practices committed by the Respondent were of a character which go to the very heart of the Act, we shall order the Respondent to cease and desist therefrom and to cease and desist from infringing in any other manner upon the rights of employees guaranteed 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. Lane Tool and Manufacturing, Inc.; Lane Tool & Engineering Co.; and Lane Punch Corp. are collectively an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Union, United Automobile, Ae- rospace and Agricultural Implement Workers of America is a labor organization within the meaning of Section 2(5) of the Act. 3. By interfering with, restraining, and coercing employees in the exercise of their rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act. 4. By discriminating in regard to the hire and tenure of employment of employees because of their union activities, thereby discouraging membership in or activities on behalf of a labor organization, the Respondent has engaged in unfair labor practices within the meaning of Section 8(a)(3) of the Act. 5. 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 the Respondent, Lane Tool and Manufacturing, Inc.; Lane Tool & Engineering Co.; and Lane Punch Corp., its officers, agents, successors, and assigns, shall: 309 1. Cease and desist from: (a) Discouraging membership in, or activities on behalf of, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, or in any other labor organization, by laying off or terminating and failing or refusing to reinstate, or otherwise discriminating in regard to the hire or tenure of employment or any terms or conditions of employment of any of its employees because of their union activities. (b) Threatening employees with loss of employment if the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America won a scheduled Board election. (c) Promising employees a pay raise, if the Interna- tional Union, United Automobile, Aerospace and Agricultural Implement Workers of America lost a scheduled Board election. (d) Promising reinstatement to laid-off employees if they did not vote in a scheduled Board election. (e) Threatening employees with plant closure and relocation if the International Union , United Auto- mobile, Aerospace and Agricultural Implement Workers of America won a scheduled Board election. (f) In any other manner interfering with, restraining, or coercing its employees in the exercise of their rights under Section 7 of the Act. 2. Take the following affirmative action designed to effectuate the policies of the Act: (a) Offer to Robert R. Watson and Joseph N. Nields immediate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority and other rights and privileges. (b) Notify immediately the above-named individu- als, if presently serving in the Armed Forces of the United States, of the right to full reinstatement, upon application after discharge from the Armed Forces, in accordance with the Selective Service Act and the Universal Military Training and Service Act. (c) Make whole Robert R. Watson and Joseph N. Nields any loss of pay each of them may have suffered by reason of the discrimination against him by payment to each of them of a sum of money equal to the amount each normally would have earned as wages from the date of his layoff or termination to the date of the Respondent's offer of reinstatement in the manner set forth in the section entitled "The Reme- dy (d) 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 310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD other records necessary to analyze the amount of backpay due under the terms of this Order. (e) Post at its Pennsauken, New Jersey, Riverton, New Jersey, and Fort Lauderdale, Florida, places of business copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director for Region 4, 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 conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (f) Notify the Regional Director for Region 4 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 NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government After a trial in which both sides had the opportunity to present their evidence, the National Labor Rela- tions Board has found that we violated the law and has ordered us to post this notice. WE WILL NOT discourage membership in, or activities on behalf of, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, or in any other labor organization, by laying off or terminating and failing or refusing to reinstate, or otherwise discriminating in regard to the hire or tenure of employment or any terms or conditions of employ- ment of any of our employees. WE WILL NOT threaten employees with loss of employment if the International Union, United Automobile, Aerospace and Agricultural Imple- ment Workers of America won a scheduled election. WE WILL NOT promise employees a pay raise if the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America lost a scheduled Board election. WE WILL NOT promise reinstatement to laid-off employees if they do not vote in a scheduled Board election. WE WILL NOT threaten employees with plant closure and relocation if the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America won a scheduled Board election. WE WILL NOT in any other manner interfere with, restrain, or coerce employees in the exercise of their rights under Section 7 of the Act. WE WILL NOT lay off employees because of their activities on behalf of International Union, United Automobile, Aerospace and Agricultural Imple- ment Workers of America, or any other labor organization. Since the Board found that we violated the law when we laid off Robert R. Watson and Joseph N. Nields, WE WILL offer them their jobs back and WE WILL pay them for any loss of pay they may have suffered because we laid them off. You are free to become and remain members of International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, or any other labor organization. Dated By LANE TOOL AND MANUFACTURING, INC.; LANE TOOL & ENGINEERING CO.; AND LANE PUNCH CORP. (Employer) (Representative) (Title) We will notify immediately the above-named individ- uals, if presently serving in the Armed Forces of the United States, of the right to full reinstatement, upon application after discharge from the Armed Forces, in accordance with the Selective Service Act and the Universal Military Training and Service Act. This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, 1700 Bankers Securities Building, Walnut and Juniper Streets, Philadelphia, Pennsylvania 19107, Telephone 215-597-7601.