Donray Products Co.

;122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Donray Products Company and Laundry and Dry Cleaning International Union, Industrial and Cleri- cal Workers Local 614, AFL-CIO. Case 8-CA-6868 July 11, 1972 DECISION AND ORDER BY MEMBERS JENKINS, KENNEDY, AND PENELLO Upon a charge filed on February 15, 1972, by Laundry and Dry Cleaning International Union, Industrial) and Clerical Workers Local 614, AFL- CIO, herein called the !Union, and (duly served on Donray Products Company, herein called I the! Re- spondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 8, issued a complaint on March 31, 1972, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(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 that Respondent violated Section 8(a)(1) of the Act by interrogating its employees concerning their union membership, activities, sym- pathies, and desires, threatened its employees with reprisals because of such activities or sympathies, and requested an employee to furnish Respondent with names of active union supporters. The Respon- dent did not file an answer to the complaint. On May 10, 1972, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment based upon Respondent's failure to file an answer as required by Section 102.20 of the Board's Rules and Regulations, Series 8, as amended. Subsequently, on May 15, 1972, the Board issued an or ter transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's motion should not be granted. Respondent failed to file a response to the 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 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 admitted 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 com- plaint shall be deemed to be admitted to be true and may be so found by the Board." As noted, the Respondent did not at any time file an answer to the complaint, nor did it file a response to the Notice To Show Cause. No good cause to the contrary having been shown, in accordance with the rule set forth above, the allegations in the complaint are deemed to be admitted and are found to be true.' We shall, accordingly, grant the Motion for Summary Judg- ment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Respondent is, and has been at all times material herein, an Ohio corporation with its principal office and place of business in Mayfield Village, Ohio, where it is engaged in the manufacture of ` foam plastic material. Annually, in the course and conduct of its business operations, Respondent ships from its Mayfield Village, Ohio, plant directly to points outside the State of Ohio products valued 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 1 Wilson and Sons, 193 NLRB 135,0 198 NLRB No. 22 DONRAY PRODUCTS COMPANY it will effectuate the policies of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATION INVOLVED Laundry and Dry Cleaning International Union, Industrial and Clerical Workers Local 614, AFL- C1O,'is a' labors organization within the meaning ,-off, Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES Respondent, through its agent and supervisor, Plant Manager Charles Luck, on or about February 2, 1972, interrogated its employees concerning their union membership, sympathies, and desires; on or about February 3, 1972, requested an employee to furnish Respondent with names of active union supporters; on or about February 15, 1972, interro- gated an employee concerning his union member- ship, activities; sympathies, and desires and/or threatened its employees with reprisals because of such activities or sympathies; and again on or about February 17, 1972, similarly interrogated an employ- ee and/or threatened its employees. On or about February 17, 1972, Respondent, through its agent and supervisor, Production Foreman Faye Heggler, interrogated an employee concerning his union activities, sympathies, and desires. Accordingly, we find that by the aforesaid conduct, Respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed under Section 7 of the Act and that, by such conduct, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(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 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 commerce and the free flow of com- merce. V. THE REMEDY Having found that Respondent has engaged in and is engaging in certain unfair labor practices within the meaning of Section 8(a)(1) of the Act, we shall order that Respondent cease and desist therefrom 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 123 and take certain affirmative action designed to effectuate the policies of the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Donray Products Company is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Laundry and Dry Cleaning International Union, Industrial and Clerical Workers Local 614, AFL-CIO, is a labor organization within the mean- ing of Section 2(5) of the Act. 3. By the acts and conduct described in section III, above, Respondent has interfered with, re- strained, and coerced employees in the exercise of the rights guaranteed 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. 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, Donray Products Company, Mayfield Village, Ohio, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Interrogating its employees concerning their union membership, activities, sympathies, or desires. (b) Threatening its employees with reprisals be- cause of their union membership, activities, sympa- thies, or desires. (c) Requesting any employee to furnish names of active union supporters. (d) 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) Post at its Mayfield Village, Ohio, plant 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 thereaft- er, in conspicuous places, including all places where notices to employees-are customarily posted. Reason- Judgment of the United -States Court of Appeals Enforcing an Order of the National Labor Relations Board." 124 DECISIONS OF NATIONAL able steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (b) Notify the Regional Director for Region 8, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT interrogate our employees con- cerning their union membership, activities, sym- pathies, or desires. WE WILL NOT threaten our employees with reprisals because of their union membership, activities, sympathies, or desires. WE WILL NOT request any of our employees to furnish us names of active union supporters. LABOR RELATIONS BOARD 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. DONRAY PRODUCTS COMPANY (Employer) Dated By (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 compli- ance 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.