Radiadores Paragon de Puerto Rico, Inc.

588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Radiadores Paragon de Puerto Rico, Inc. and Richard Santillana. Case 24-CA-3135 July 31, 1972 DECISION AND ORDER BY MEMBERS JENKINS, KENNEDY, AND PENELLO Upon a charge filed on February 18, 1972, by Richard Santillana, an Individual, herein called the Charging Party, and duly served on Radiadores Paragon de Puerto Rico, Inc., herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 24, issued a complaint on May 5, 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 (3) 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 Respondent violated Section 8(a)(1) and (3) of the Act by (1) discharging employee Richard Santillana, the Charg- ing Party, because of his membership in or activities on behalf of Union de Tronquistas de Puerto Rico, repeatedly interrogating its employees concerning their signing union authorization cards and the identity of the party who solicited their signatures, and (3) threatening its employees with plant closure and relocation if the Union organized the employees or became their bargaining agent. On May 22, 1972, counsel for the General Counsel filed directly with the Board the Motion for Default Judgment for Failure to File Answer, hereinafter referred to as Motion for Summary Judgment, based on Respondent's failure to file an answer as required by Section 102.20 of the Board's Rules and Regula- tions, Series 8, as amended. Subsequently, on May 26, 1972, the Board issued an order 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: 1 Wilson and Sons, 193 NLRB No 51 Ruling on the Motion for Summary Judgment Section 102.20 of the Board's Rules 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 state that unless an answer were filed within 10 days from the service of the complaint, "all of the allegations of said complaint shall be deemed to be admitted to be true and may be so found by the Board." As noted, the Respon- dent 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 rules 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 1. THE BUSINESS OF THE RESPONDENT Respondent, a Puerto Rican corporation, is en- gaged in the manufacture and sale of automobile radiators in Carolina, Puerto Rico. During the past year it purchased and had shipped to its place of business in Puerto Rico, from points located outside of Puerto Rico, goods and materials necessary for the operation of its business which were valued in excess of $100,000. 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. 198 NLRB No. 76 Radiadores Paragon de Puerto Rico 589 H. THE LABOR ORGANIZATION INVOLVED Union de Tronquistas de Puerto Rico, Local 901, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. The Independent 8(a)(1) Violations On or about February 17, 1972, after the Union had begun its organizing campaign, Respondent's supervisor systematically and coercively, or repeated- ly, interrogated Respondent's employees concerning their signing of union authorization cards and the identity of the party soliciting signatures, and threatened its employees with closure of the plant if the Union succeeded in organizing the employees. Further, the Respondent's plant manager threatened plant closure and relocation if the Union was selected as the employees' bargaining agent. Accordingly, we find that by the aforesaid conduct Respondent interfered with, restrained, and coerced its employees in the exercise of their rights guaran- teed under Section 7 of the Act and that, by such conduct, Respondent has engaged in unfair labor practices within the meaning of Section 8(a)(1) of the Act. B. The 8(a)(3) and (1) Violations On February 17, 1972, after ascertaining that employee Richard Santillana was the leader of the union movement, Respondent terminated his em- ployment because of his membership in or activities on behalf of the Union and has failed and refused, and continues to fail and refuse, to reinstate said employee to his former or substantially equivalent position of employment. Accordingly, we find that Respondent, by the conduct described above, discriminated in regard to the terms and conditions of employment of its employees, thereby discouraging membership in a labor organization; and that by such conduct Respondent has 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 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 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. Since we have found that the Respondent discrimi- natorily discharged employees Richard Santillana, and discriminatorily failed and refused to reinstate him, we shall order that the Respondent offer him immediate and full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority and other rights and privileges, and make him whole for any loss of earnings he may have suffered by reason of such discrimination, by payment of a sum of money equal to that which he 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 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. Radiadores Paragon de Puerto Rico, Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Union de Tronquistas de Puerto Rico, Local 901, is a labor organization within the meaning of Section 2(5) of the Act. 3. By threats and conduct enumerated in section III, Respondent has interfered with, restrained, coerced, and discriminated against, and is interfering with, coercing, restraining, and discriminating against, 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) and (3) of the Act. 4. The aforesaid unfair labor practices are unfair 590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, Radiadores Paragon de Puerto Rico, Inc., its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Discouraging membership in or activities on behalf of the Union, or any other labor organization, by discharging and failing or refusing to reinstate, or otherwise discriminating in regard to hire or tenure of employment of, any of its employees because of their union activities. (b) Systematically, coercively, or repeatedly inter- rogating its employees to ascertain who signed union authorization cards and who solicited their signa- tures. (c) Threatening its employees with plant closure if the Union succeeded in organizing the employees. (d) Threatening employees with plant closure and relocation if the Union was selected as the employ- ees' bargaining agent. (e) In any other manner interfering with, restrain- ing, 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) Offer Richard Santillana immediate and full reinstatement to his former job at the Respondent's plant or, if this job no longer exists, to a substantially equivalent position, without prejudice to his seniority or other rights and privileges, and make him whole for any loss of earnings suffered by reason of Respondent's discrimination against him in the manner set forth in the section herein entitled "The Remedy." (b) Notify immediately the above-named individu- al, 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) 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 analyze the amount of backpay due under the terms of this Order. (d) Post at its Carolina, Puerto Rico, plant copies of the attached notice marked "Appendix."2 Copies of said notice, in English and in Spanish, on forms provided by the Regional Director for Region 24, after being duly signed by Respondent's representa- tive, 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 Respondent to insure that said notices are not altered, defaced, or covered by any other material. (e) Notify the Regional Director for Region 24, 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 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 discourage membership in or activities on behalf of the Union, Union de Tronquistas de Puerto Rico, Local 901, or any other labor organization, by discharging and failing or refusing to reinstate, or otherwise discriminating in regard to hire or tenure of employment of, any of our employees because of their union activities. WE WILL NOT systematically, coercively, or repeatedly interrogate our employees to ascertain who signed union authorization cards and who solicited their signatures. WE WILL NOT threaten our employees with plant closure if the Union succeeds in organizing the employees. WE WILL NOT threaten our employees with plant closure and relocation if the Union is selected as the employees' bargaining agent. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL offer to Richard Santillana immediate and full reinstatement to his former job at our plant or, if that job no longer exists, to a substantially equivalent position, without preju- dice to his seniority or other rights and privileges previously enjoyed, and make him whole for any loss of earnings suffered by reason of the discrimination practices against him. All our employees are free to become or remain, or refrain from becoming or remaining, members of Radiadores Paragon de Puerto Rico 591 Union de Tronquistas de Puerto Rico, Local 901, or Forces, in accordance with the Selective Service Act any other labor organization. and the Universal Military Training and Service Act. This is an official notice and must not be defaced RADIADORES PARAGON by anyone. DE PUERTO RICO, INC. This notice must remain posted for 60 consecutive (Employer) days from the date of posting and must not be altered, defaced, or covered by any other material. Dated By Any questions concerning this notice or compli- (Representative) (Title) ance with its provisions may be directed to the We will notify immediately the above-named indi- Board's Office, Seventh Floor, Pan Am Building, vidual, if presently serving in the Armed Forces of P.O. Box UU, 255 Ponce de Leon Avenue, Puerto the United States, of the right to full reinstatement, Rico 00919, Telephone 106-622-2424. upon application after discharge from the Armed