Cleveland Lithographers and Photoengravers

636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Cleveland Lithographers and Photoengravers Interna- tional Union, Local No. 24-P and Art Gravure Corporation of Ohio . Case 8-CB-1644 December 20, 1971 DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND KENNEDY Upon a charge filed on March 3, 1971, by Art Gravure Corporation of Ohio, herein called the Charging Party, and duly served on Cleveland Lithographers and Photengravers International Un- ion, Local No. 24-P, herein called the Respondent, the Acting General Counsel of the National Labor Relations Board, by the Regional Director for Region 8, issued a complaint on August 20, 1971, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sections 8(b)(1)(B) and 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 on or about December 2, 1970, and continuing at intervals, as set out below, the Respondent has restrained and coerced and is restraining and coercing the Charging Party in the selection and retention of its representatives for the purposes of collective bargaining and the adjust- ment of grievances by the following acts and conduct: 1. The Respondent caused or attempted to cause Vernon C. Kiehl to disregard and/or abandon his employment responsibilities, duties, and functions as a supervisor and representative on behalf of the Charging Party and thereby jeopardizing his position as a supervisor and representative of the Charging Party by requiring him, on or about December 10 and 29, 1970, and January 26, 1971, to appear at meetings, scheduled before Respondent's executive officers or executive board, during his working hours. 2. The Respondent, on or about January 4 and February 11, 1971, assessed fines against Vernon C. Kiehl because of his failure to appear before the Respondent's executive board at its meetings sched- uled during working hours on or about December 29, 1970, and January 26, 1971. Accordingly, the complaint further alleges that by the aforesaid acts the Respondent has engaged in, and is engaging in, unfair labor practices in violation of Section 8(b)(1)(B) of the Act. The Respondent failed to file any answer to the complaint. On October 1, 1971, counsel for the General Counsel filed directly with the Board a Motion for 194 NLRB No. 107 Summary Judgment based on the Respondent's failure to file any answer as required by Section 102.20 of the Board's Rules and Regulations, Series 8, as amended. Subsequently, on October 7, 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. On October 22, 1971, Respon- dent filed a response to the motion. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority 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 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 states that unless an answer is filed to the complaint within 10 days of 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, as of September 29, 1971, the Respondent had failed to file the required answer, despite several telephone calls and a letter to Respondent's counsel concerning the Respondent's failure to answer and the General Counsel's intention to file a Motion for Summary Judgment unless an answer was filed. Thereafter, Respondent filed response to the mot- ion encompassing an "answer" to the complaint and a "statement" in opposition to the General Counsel's motion. In this response Respondent admits certain allegations of the complaint and denies others. By way of explanation of its failure to have previously filed an answer to the complaint, and in defense of its position, Respondent asserts that it "believes this matter to be an internal affair of the Union" and that CLEVELAND LITHOGRAPHERS AND PHOTOENGRAVERS the individual against whom its conduct was directed-Vernon C. Kiehl-had disclaimed all inter- est in the proceeding and expressed a wish that this matter be dropped. We find that the statement of position cannot serve as an acceptable reason for not having filed a timely answer to the complaint. It is apparent from the assertions made by Respon- dent that it has proceeded on the misconception that the matter in issue is solely an internal union one concerning only itself and Kiehl. In fact, what is involved is an alleged violation of the National Labor Relations Act, as amended, a matter of public and not private concern, and of interest to the unlawfully restrained and coerced Charging Party as well as the Respondent and Kiehl. Respondent's position, based as it is on an erroneous premise, does not constitute good cause for having failed to file a timely answer. Accordingly, the allegations in the complaint against the Respondent are deemed to be admitted to be true and are so found to be true.' On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE CHARGING PARTY The Charging Party is an Ohio corporation with principal office and place of business in Cleveland, Ohio, where it is engaged in the printing of supple- ment magazines for newspapers. Annually, in the course and conduct of its business, the Charging Party receives goods and materials valued in excess of $50,000 from points directly outside the State of Ohio; and, annually, it derives gross revenues in excess of $200,000 from said operations. 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 Cleveland Lithographers and Photoengravers Inter- national Union, Local No. 24-P is a labor organiza- tion within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES - On or about December 2, 1970, and more particu- larly on or about December 10 and 29, 1970, and January 26, 1971, the Respondent required Vernon C. Kiehl, a supervisor and representative of the Charging 637 Party, his employer, to appear at meetings scheduled before Respondent's executive officers and executive board during working hours, and, subsequently, on or about, January 4 and February 11, 1971, the Respon- dent assessed fines against Vernon C. Kiehl for failure to appear at the scheduled meetings of its executive board. By the aforesaid conduct, the Respondent caused and attempted to cause Vernon C. Kiehl to disregard and/or abandon his responsibilities, duties, and functions on behalf of his employer, thereby jeopardizing his position as a supervisor and repre- sentative of his employer. Accordingly, we find that the Respondent, by its aforesaid conduct, has re- strained and coerced and is restraining and coercing the Charging Party in the selection and retention of its representatives for the purposes of collective bargain- ing and the adjustment of grievances and has engaged in' and is engaging in unfair labor practices within the meaning of Section 8(b)(1)(B) 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 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(b)(1)(B) of the Act, we shall order that it cease and desist therefrom and take certain affirmative action designed to effectuate the purposes of the Act. In its response, Respondent asserts that the fines levied against Kiehl have been paid by that individual. To fully remedy Respondent's conduct, we shall direct repayment together with interest at 6 percent per annum. Ralph M. Parsons Company, 193 NLRB No. 63. - The Board, upon the basis of the foregoing facts and the entire record, makes the following; CONCLUSIONS OF LAW 1. Art Gravure Corporation of Ohio is an employ- er engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Cleveland Lithographers and Photoengravers International Union, Local No. 24-P, is a labor ' See Cavaler Spring Company, 193 NLRB No. 120, and cases cited therein 638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organization within the meaning of Section 2(5) of the Act. 3. Vernon C. Kiehl, foreman of the Charging Party's engraving department, is a supervisor within the meaning of Section 2(11) of the Act and representative of the Charging Party for purposes of collective bargaining and the adjustment of griev- ances within the meaning of Section 8(b)(1)(B) of the Act. 4. By requiring Vernon C. Kiehl to appear at meetings, scheduled before the Respondent's execu- tive officers and executive board, during working hours and assessing fines against him because he failed to appear at the meetings and thus causing or attempting to cause him to disregard and/or abandon employment responsibilities, duties, and functions for his employer, and thereby j eopardizing his position as supervisor and representative of his employer, the Respondent restrained and coerced the Charging Party in the selection and retention of its representa- tive for the purposes of collective bargaining and the adjustment of grievances and thereby has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b)(1)(B) 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, Cleveland Lithographers and Photoengravers Inter- national Union, Local No. 24-P, its officers, agents, and representatives, shall: 1. Cease and desist from: (a) Restraining and coercing the Charging Party in the selection of its representative for the -purposes of collective bargaining or the adjustment of grievances. (b) Requiring supervisors or representatives of the Charging Party to attend meetings before the Respon- dent's executive officers and executive board sched- uled during their working hours and assessing fines against them for their failure to attend. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Revoke, and expunge all records relating to, the fines assessed against Vernon C. Kiehl for having failed to appear at meetings before the Respondent's executive officers and executive board scheduled during his working hours, and repay the fines so assessed and collected with interest at 6 percent per annum. (b) Notify Vernon C. Kiehl in writing that it has taken the aforesaid action and that it will cease and desist from taking, in the future, like action to that proscribed in paragraphs 1(a) and (b), above. (c) Post at business offices and meeting halls copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director for Region 8, 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 members 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. (d) Notify the Regional Director for Region 8, in writing, within 20 days from the date of this Order, what steps the Respondent has 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 MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT restrain and coerce Art Gravure Corporation of Ohio in the selection of its representative for the purposes of collective bargaining or the adjustment of grievances. WE WILL NOT require supervisors or representa- tives of Art Gravure Corporation of Ohio to attend meetings before the Cleveland Lithographers and Photoengravers International Union, Local No. 24-P, executive officers and executive board scheduled during their working hours and assess- ing fines against them for their failure to attend. WE WILL revoke, and expunge all records relating to, the fines assessed against Vernon C. Kiehl for having failed to appear at meetings before the Cleveland Lithographers and Photoen- gravers International Union, Local No. 24-P, executive officers and executive board scheduled during his working hours, and repay the fines so assessed and collected with interest at 6 percent per annum. WE WILL notify Vernon C. Kiehl in writing that we have taken the aforesaid action and that we will cease and desist from taking, in the future, like action to that proscribed in the first two para- graphs above. CLEVELAND LITHOGRAPHERS AND PHOTOENGRAVERS 639 Dated BY CLEVELAND LITHOGRAPHERS AND PHOTOENGRAVERS INTERNATIONAL UNION, LocAL No. 24-P (Labor Organization) (Representative) (Title) 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, 1695 Federal Office Building, 1240 East Ninth Street, Cleveland, Ohio 44199, Telephone 216-522-3715.