Robinson Chevrolet-Cadillac, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Robinson Chevrolet-Cadillac, Inc. and International Union, United Automobile, Aerospace and Agricul- tural Implement Workers of America, UAW, Local 173. Case 30-CA-4178 January 11, 1978 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO Upon a charge filed on May 24, 1977, by Interna- tional Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 173, herein called the Union, and duly served on Robinson Chevrolet-Cadillac, Inc., herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 30, issued a complaint and notice of hearing on June 16, 1977, 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 charge, complaint, and notice of hearing before an Administrative Law Judge were duly served on the parties to this proceeding. The Respondent failed to file an answer. On September 15, 1977, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on September 21, 1977, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Sum- mary Judgment should not be granted. Respondent failed to file a response to Notice To Show Cause and therefore the allegations of the Motion for Summary Judgment stand uncontroverted. 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 234 NLRB No. 18 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 issued on June 16, 1977, and duly served on Respondent, specifically states that unless an answer to the complaint is filed by Respondent within 10 days of service thereof "all of the allegations in the Com- plaint shall be deemed to be admitted to be true and shall be so found by the Board." According to the uncontroverted allegations of the Motion for Sum- mary Judgment, counsel for the General Counsel, not having received an answer to the complaint, contacted Respondent by letter dated September 8, 1977, in which he informed Respondent that unless an answer was received by September 12, 1977, a Motion for Summary Judgment would be filed. As of September 13, 1977, the date of the motion, Respon- dent has neither filed an answer nor asked for an extension of time in which to file an answer. On December 5, 1977, counsel for the General Counsel moved the Board to grant the Motion for Summary Judgment because the Respondent's failure to re- spond to the Board's Notice To Show Cause indicat- ed the Respondent's lack of concern for the law and the Board's processes. Accordingly, under the rule set forth above, no good cause having been shown for failure to file an answer, the allegations of the complaint are deemed admitted and are found to be true, and we 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 THE RESPONDENT Respondent, a Delaware corporation, is engaged in the retail and wholesale sale of cars at its Kenosha, Wisconsin, location. During the past calendar year, a representative period, Respondent had a gross vol- ume of sales in excess of $500,000. During the same period, Respondent purchased and received goods and materials valued in excess of $50,000 from firms located directly outside the State of Wisconsin. 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. 182 ROBINSON CHEVROLET-CADILLAC, INC. II. THE LABOR ORGANIZATION INVOLVED International Union, United Automobile, Aero- space and Agricultural Implement Workers of Amer- ica, UAW, Local 173, is a labor organization 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 new and used car salesmen employed by the Employer, but excluding all office clerical employees, service department and maintenance employees, parts-nonprofessional employees, guards and supervisors as defined in the Act. B. The Representative Status of the Union Since August 22, 1974, the Union has been recog- nized as the exclusive collective-bargaining represen- tative of the aforesaid unit employees and the Union's representative status has been recognized in the collective-bargaining agreement executed by Respondent and the Union. C. The Respondent's Refusal To Bargain Since on or about April 7, 1977, Respondent has failed and refused and continues to fail and refuse to bargain in good faith with the Union (1) by attempt- ing to cancel the collective-bargaining agreement between Respondent and the Union without serving the proper 60-day notice upon the Union and without notifying the appropriate Federal and state mediation agencies as required by Section 8(d) of the Act, and (2) by withdrawing recognition from the Union as the exclusive collective-bargaining repre- sentative of its employees in the aforesaid unit. Accordingly, we find that by the aforesaid conduct the Respondent has, since April 7, 1977, and at all times thereafter, refused to bargain collectively with the Union as the exclusive representative of the employees in the appropriate unit, and by such refusal 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 Respondent set forth in section III, above, occurring in connection with its opera- tions described in section 1, above, have a close, intimate, and substantial relationship to trade, traff- ic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce 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 that it take certain affirmative action designed to effectu- ate the purposes and policies of the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Robinson Chevrolet-Cadillac, Inc., is an em- ployer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 173, is a labor organization within the meaning of Section 2(5) of the Act. 3. All new and used car salesmen employed by the Employer, but excluding all office clerical em- ployees, service department and maintenance em- ployees, parts-nonprofessional employees, guards and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9(b) of the Act. 4. Since August 22, 1974, the above-named labor organization has been and now is the exclusive representative of all employees in the aforesaid appropriate unit for the purpose of collective bar- gaining within the meaning of Section 9(a) of the Act. 5. By refusing on or about April 7, 1977, to bargain in good faith with the above-named labor organization (1) by attempting to cancel the collec- tive-bargaining agreement between Respondent and said labor organization without serving the proper 60-day notice upon the labor organization and without notifying the appropriate Federal and state mediation agencies as required by Section 8(d) of the Act, and (2) by withdrawing recognition from the said labor organization as the exclusive collective- bargaining representative of its employees in the appropriate unit, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (aX)(5) of the Act. 6. By the aforesaid refusal to bargain, Respon- dent has interfered with, restrained, and coerced, and is interfering with, restraining, and coercing, employ- ees in the exercise of the rights guaranteed to them in 183 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Section 7 of the Act, and thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(l) 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 the Respondent, Robinson Chevrolet-Cadillac, Inc., Kenosha, Wis- consin, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with International Union, United Automobile, Aerospace and Agricultural Workers of America, UAW, Local 173 (1) by attempting to cancel the collective-bargaining agree- ment between Respondent and said labor organiza- tion without serving the proper 60-day notice upon the labor organization and without notifying the appropriate Federal and state mediation agencies as required by Section 8(d) of the Act, and (2) by withdrawing recognition from the said labor organi- zation as the exclusive collective-bargaining repre- sentative of its employees in the following appropri- ate unit: All new and used car salesmen employed by the Employer, but excluding all office clerical employees, service department and maintenance employees, parts-nonprofessional employees, guards and supervisors as defined in the Act. (b) In any like or related manner interfering with, 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) Recognize the above-named labor organization 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 give effect to the collective-bargaining agreement it attempted to can- cel without serving the proper 60-day notice upon the Union and without notifying the appropriate Federal and state mediation agencies as required by Section 8(d) of the Act. (b) Upon request, bargain with the above-named labor organization for a succeeding contract and, if an understanding is reached, embody such under- standing in a signed agreement. (c) Post at its Kenosha, Wisconsin, location copies of the attached notice marked "Appendix."' Copies of said notice, on forms provided by the Regional Director for Region 30, 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 thereaf- ter, in conspicuous places, including all places where notices to employees are customarily posted. Reason- able steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director for Region 30, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. I 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 refuse to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with Inter- national Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Local 173, (1) by attempting to cancel the collective-bargaining agreement between the Em- ployer and said labor organization without serv- ing the proper 60-day notice upon the labor organization and without notifying the appropri- ate Federal and state mediation agencies as required by Section 8(d) of the Act, and (2) by withdrawing recognition from the said labor organization as the exclusive collective-bargain- ing representative of the employees in the appro- priate unit. WE WILL NOT in any like or related manner interfere with, restrain, or coerce employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL recognize the above-named labor organization as exclusive representative of all employees in the appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment, and honor and give effect to the collective-bargaining agreement we attempted to cancel without serving the proper 60-day notice upon the labor organization and without notifying the appropriate Federal and 184 ROBINSON CHEVROLET-CADILLAC, INC. state mediation agencies as required by Section 8(d) of the Act. WE WILL, upon request, bargain with the above-named labor organization for a succeeding contract and, if an understanding is reached, embody such understanding in a signed agree- ment. The bargaining unit is: All new and used car salesmen employed by the Employer, but excluding all office cleri- cal employees, service department and main- tenance employees, parts-nonprofessional employees, guards and supervisors as de- fined in the Act. ROBINSON CHEVROLET- CADILLAC, INC. 185