Coit Eagle

COIT EAGLE 495 Reserve Enterprises, Inc., d/b/a Coit Eagle and Retail Store Employees Union Local 880 affiliated with the Retail Clerks International Association, AFL-CIO. Case 8-CA-7978 May 8, 1974 DECISION AND ORDER By CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS Upon a charge filed on November 1, 1973, by Retail Store Employees Union Local 880 affiliated with the Retail Clerks International Association, herein called the Union, and duly served on Reserve Enterprises, Inc., d/b/a Coit Eagle, herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 8, issued a complaint on December 14, 1973, 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. With respect to the unfair labor practices, the complaint alleges in substance that in November 1972, and by formal agreement executed March 5, 1973, the Union was recognized by the Respondent as the exclusive collective-bargaining representative of Respondent's employees in the unit agreed upon to be appropriate, and that thereafter Respondent refused to bargain with the Union in breach of the agreement, and also refused to provide certain information to the Union necessary for it effectively to bargain collectively, although repeatedly request- ed to do so. Respondent did not file an answer to the complaint. On February 6, 1974, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment, based on Respondent's failure to answer the complaint as required by Section 102.20 of the Board's Rules and Regulations, Series 8, as amended. Subsequently, on February 20, 1974, the Board issued an order transferring the proceed- ing to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judg- ment 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. 210 NLRB No. 69 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: 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 the 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 Respondent specifically state that unless an answer to the complaint is filed within 10 days of service thereof, "all of the allegations in the Complaint shall be deemed to be admitted by it to be true and may be so found by the Board." Further, according to the Motion for Summary Judgment, on January 18, 1974, counsel for the General Counsel mailed to counsel for the Respondent, by certified mail, a letter notifying it that the present Motion for Summary Judgment would be filed if an answer was not forthcoming by January 21, 1974. The letter was received and a return receipt signed by counsel for the Respondent. No answer to the complaint was filed, nor was there any response to the Notice To Show Cause, controverting the allegations of the motion as to the failure to file an answer. In accordance with the rule set forth above, and no good cause having been shown for the failure to file an answer, the allegations of the complaint are deemed admitted and are found to be true. We shall, accordingly, grant the General Counsel's 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, Reserve Enterprises, Inc., d/b/a Coit Eagle, is an Ohio corporation engaged in the retail sale of foods and related grocery items at its place of business in Cleveland, Ohio. Annually, in the course 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and conduct of its business , the Respondent derives from the retail sale of foods and related grocery items gross revenues in excess of $500,000 and, at its place of business in Cleveland, Ohio, receives directly from points located 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 it will effectuate the policies of the Act to assert jurisdiction herein. H. THE LABOR ORGANIZATION INVOLVED Retail Store Employees Union Local 880 affiliated with the Retail Clerks International Association, AFL-CIO, is a labor organization within the mean- ing of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. The Unit The following employees of the Respondent constitute a unit appropriate for collective-bargain- ing purposes within the meaning of Section 9(b) of the Act: All food store employees employed by Respon- dent excluding meat department employees, regular clerical personnel, managers and supervi- sors as defined in the Act. B. Representative Status of the Union On or about November 1972, the Respondent and the Union agreed upon the terms of a collective- bargaining agreement involving rates of pay, hours of employment, and other terms and conditions of employment. On or about March 5, 1973, Respon- dent and Union executed an agreement recognizing the Union as sole and exclusive collective-bargaining agent. Said agreement was retroactive from January 2, 1973, and was to remain in effect until January 2, 1976. Since November 1972 when Respondent recogniz- ed the Union as the sole and exclusive bargaining agent of the employees in the above-mentioned appropriate unit, the Union has been and is now the exclusive bargaining agent of the unit employees within the meaning of Section 9(a) of the Act. C. The Requests To Bargain and Respondent's Refusals On or about August 7 and 10 and September 7, 1973, the Union requested the Respondent, which refused, to furnish the following information which the Union requires to enable it effectively to bargain with Respondent regarding processing of grievances and to administer its contract with the Respondent: 1. All names, addresses, telephone numbers, and social security numbers of employees employed by Respondent in the above-described unit. 2. The dates of hire of all employees employed by Respondent in the above-described unit. 3. The timecards and rates of pay of employees employed by Respondent in the above-described unit. At all material times the Respondent, by its failure to abide by the substantive terms and conditions of the current collective-bargaining agreement, has committed a material breach of the agreement, and has, in effect, repudiated said agreement. Accordingly, we find that the Respondent, by the conduct described above, has, since August 7, 1973, and at all times thereafter, refused to bargain collectively with the Union as the exclusive repre- sentative of the employees in the appropriate unit, and that, 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 the above section, occurring in connection with its 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)(5) and (1) of the Act, we shall order that it cease and desist therefrom and, upon request, provide the Union with the informa- tion set forth above in section III, C, and other necessary and relevant information for effective collective bargaining, and bargain collectively with the Union as the exclusive representative of all the employees in the appropriate unit, and, if an understanding is reached, embody such understand- ing in a signed agreement, and further abide by and give force and effect to the substantive terms of the collective-bargaining agreement executed by the parties on or about March 5, 1973. COIT EAGLE The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Reserve Enterprises, Inc., d/b/a Coit Eagle, is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Retail Store Employees Union Local 880 affiliated with the Retail Clerks International Associ- ation, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. All food store employees employed by Respon- dent excluding meat department employees, regular clerical personnel, managers and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 4. Since November 1972, 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 bargaining within the meaning of Section 9(a) of the Act. 5. By refusing on or about August 7, 1973, and at all times thereafter, to bargain collectively with the above-named labor organization as the exclusive bargaining representative of all the employees of Respondent in the appropriate unit, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(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 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. 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 Respondent, Reserve Enterprises, Inc., d/b/a Coit Eagle, Cleve- land, Ohio, 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 Retail Store Em- ployees Union Local 880, affiliated with the Retail Clerks International Association, AFL-CIO, as exclusive bargaining representative in the appropri- 497 ate unit; refusing to provide information to Union necessary and relevant for effective collective bar- gaining; and refusing to abide by and give force and effect to the substantive terms and conditions of the collective-bargaining agreement executed by the parties on or about March 5, 1973. (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) Upon request, bargain with 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. (b) Provide information to Retail Store Employees Union Local 880 affiliated with the Retail Clerks International Association, AFL-CIO, necessary and relevant for effective collective bargaining. (c) Abide by and give force and effect to the substantive terms and conditions of the collective- bargaining agreement executed by the parties on or about March 5, 1973. (d) Post at its Cleveland, Ohio, location copies of the attached notice marked "Appendix." I 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- able 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 8 in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. 1 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 Retail Store Employees Union Local 880 affiliated with the Retail Clerks International Association, 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD AFL-CIO, as the exclusive representative of the employees in the bargaining unit described below. WE WILL NOT refuse to provide information to Union necessary and relevant for effective collec- tive bargaining. WE WILL NOT refuse to abide by and give force and effect to the substantive terms and conditions of the collective-bargaining agreement executed by the parties on or about March 5, 1973. 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. WE WILL, upon request, bargain with the above-named Union, as the exclusive representa- tive of all employees in the bargaining unit described below, with respect to rates of pay, wages, hours, and other terms and conditions of employment. The bargaining unit is: All food store employees employed by Respondent excluding meat department employees, regular clerical personnel, man- agers and supervisors as defined in the Act. WE WILL, upon request, provide information to Union necessary and relevant for effective collec- tive bargaining. WE WILL abide by and give force and effect to the substantive terms and conditions of the collective-bargaining agreement executed by the parties on or about March 5, 1973. RESERVE ENTERPRISES, INC., D/B/A COIT EAGLE (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, Suite 1695-Anthony J. Celebrezze Federal Building, 1240 East Ninth Street, Cleveland, Ohio 44199, Telephone 216-522-3715.