Kensington Electric Products Co., Inc.

762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Kensington Electric Products Company , Inc. and International Brotherhood of Electrical Workers, Local Union No. 1987, AFL-CIO. Case 6- CA-7158 June 20, 1974 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS Upon a charge filed on December 12, 1973, by International Brotherhood of Electrical Workers, Local Union No. 1987, AFL-CIO, herein called the Union, and duly served on Kensington Electric Products Company, Inc., herein called the Respon- dent, the General Counsel of the National Labor Relations Board, by the Regional Director for, Region 6, issued a complaint on February 11, 1974, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sections 8(a)(5) and (1) and 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 by registered mail. With respect to the unfair labor practices, the complaint alleges, in substance that (1) the Union had been designated and selected by a majority of the employees in the appropriate unit as their exclusive representative for the purpose of collective bargaining since on or about October 15, 1974, and the Respondent and the Union have been parties to collective-bargaining agreements since 1964, the most recent of which expired on October 19, 1973; (2) since on or about August 1, 1973, the Union has requested and is requesting the Respondent to bargain collectively with it as the exclusive represent- ative of the employees in the unit, but since on or about December 6 and 12, 1973, the Respondent has failed and refused and continues to fail and refuse to do so, and has bypassed the Union and bargained directly with the employees; and (3) on or about December 6, 1973, the Respondent threatened the employees with cessation of its operations and termination of unemployment compensation if the employees and Union did not accept its contract offer. Respondent did not file an answer to the complaint. On March 13, 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 211 NLRB No. 103 8, as amended. Subsequently, on March 26, 1974, the Board issued an order transferring the proceeding before it and a Notice To Show Cause why the General Counsel's motion should not be granted. The Respondent, although duly served, 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 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 the 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 uncontroverted allegations in the Motion for Sum- mary Judgment, on February 27, 1974, counsel for the General Counsel, after several unsuccessful attempts to telephone the Respondent, mailed a letter to Respondent notifying it that the present Motion for Summary Judgment would be filed if an answer was not filed by March 6, 1974. Thereafter, as no answer was filed, counsel for the General Counsel filed the instant Motion for Summary Judgment and served a copy thereof on the Respondent by certified mail. The return receipt, dated March 15, 1974, was signed by an individual, with the words "Kensington Electric" written above his signature. No answer to the complaint was filed, nor was there any response to the Notice To Show Cause, controverting the allegations of this motion. In accordance with the Rule set forth above, and no good cause having been KENSINGTON ELECTRIC PRODUCTS CO. 763 shown for the failure to file an answer , the allega- tions 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 1. THE BUSINESS OF THE RESPONDENT Respondent, a Pennsylvania corporation with its facilities located in Leechburg, Pennsylvania, is engaged in the manufacture and nonretail sale of fluorescent fixtures . During the calendar year 1973, Respondent received in excess of $50,000 worth of goods and materials from outside the Common- wealth of Pennsylvania for use at its Leechburg, Pennsylvania, facility. During this same period, Respondent shipped in excess of $50,000 worth of goods to points directly outside the Commonwealth of Pennsylvania from its Leechburg, Pennsylvania, facility. 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 International Brotherhood of Electrical Workers, Local Union No. 1987, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 111. 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 production and maintenance employees em- ployed by Respondent at its Leechburg , Pennsyl- vania, facility ; excluding all other employees, office clerical employees and guards , professional employees and supervisors as defined in the Act. B. Representative Status of the Union Since October 1964 and continuing to date, the Union, having been designated and selected by a majority of the employees in the unit set forth above, has been the representative for the purpose of collective bargaining for all such employees and, by virtue of Section 9(a) of the Act, has been, and is now, the exclusive representative of all the employees in said unit for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment. The Respondent and the Union have been, at all times since in or about 1964, parties to collective- bargaining agreements covering the employees in the unit set forth above, the most recent of which expired on October 19, 1973. C. The Request To Bargain and Respondent's Refusal Commencing on or about August 1, 1973, and at all times thereafter, the Union has requested the Respondent to bargain collectively with it as the exclusive collective-bargaining representative of all the employees in the above-described unit. Com- mencing on or about December 6, 1973, and continuing at all times thereafter to date, the Respondent has refused and continues to refuse to recognize and bargain with the Union as the exclusive representative for collective bargaining of all employees in said unit by bypassing the Union and bargaining directly and individually with em- ployees in the unit described above, concerning rates of pay, wages, hours of employment, and other terms and conditions of employment ; by threatening employees with cessation of operations and termina- tion of unemployment compensation if the employ- ees did not accept Respondent's contract offer; and by threatening employees with cessation of opera- tions if the Union did not accept Respondent's contract offer. Accordingly, we find that the Respondent has, since December 6, 1973, and at all times thereafter, refused to bargain collectively with the Union as the exclusive representative of the employees in the appropriate unit, and that, by such refusal, Respon- dent 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 operations described in section 1, 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. 764 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit and , if an understanding is reached, embody such understanding in a signed agreement, and cease and desist from bypassing the Union and bargaining directly and individually with the employ- ees, threatening the employees with cessation of operations and termination of unemployment com- pensation if they do not accept its contract offer, and threatening the employees with cessation of opera- tions if the Union does not accept its contract offer. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Kensington Electric Products Company, Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Brotherhood of Electrical Work- ers, Local Union No. 1987, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. All production and maintenance employees employed by Respondent at its Leechburg , Pennsyl- vania, facility; excluding all other employees, office clerical employees and guards, professional employ- ees 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 October 1964, 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 December 6 and 12, 1973, and at all times thereafter, to bargain collec- tively with the above-named labor organization as the exclusive bargaining representative of all the employees of Respondent in the appropriate unit; by bypassing the Union and bargaining directly and individually with the employees ; by threatening the employees with cessation of operations and termina- tion of unemployment compensation if they did not accept its contract offer ; and by threatening employ- ees with cessation of operations if the Union did not accept its contract offer, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) 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, Kensington Electric Products Company, Inc., Leech- burg, Pennsylvania, 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 Broth- erhood of Electrical Workers, Local Union No. 1987, AFL-CIO, as the exclusive bargaining representative of its employees in the following appropriate unit: All production and maintenance employees em- ployed by Respondent at its Leechburg, Pennsyl- vania, facility; excluding all other employees, office clerical employees and guards, professional employees and supervisors as defined in the Act. (b) Threatening employees with cessation of operations and termination of unemployment com- pensation if the employees do not accept Respon- dent's contract offer, and threatening employees with cessation of operations if the Union does not accept the Respondent's contract offer. (c) 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, and, if an under- standing is reached, embody such understanding in a signed agreement. KENSINGTON ELECTRIC PRODUCTS CO. (b) Post at its Leechburg, Pennsylvania, facility copies of the attached notice marked "Appendix."' Copies of said notice, on forms provided by the Regional Director for Region 6, 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 employees are customarily posted. Reasonable steps shall be taken by Respon- dent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director for Region 6, 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 Brotherhood of Electrical Workers, Local Union No. 1987, AFL-CIO as the exclusive representative of the employees in the bargaining unit described below, by bargaining directly and continually with the employees. WE WILL NOT threaten employees with cessa- tion of operations and termination of unemploy- ment compensation if the employees do not accept our contract offer and threaten employees 765 with cessation of operations if the Union does not accept our contract offer. 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, and, if an understanding is reached, embody such understanding in a signed agree- ment. The bargaining unit is: All production and maintenance employees employed by Respondent at its Leechburg, Pennsylvania, facility; excluding all other em- ployees, office clerical employees and guards,, professional employees and supervisors as defined in the Act. KENSINGTON ELECTRIC PRODUCTS COMPANY, INC. (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, 1536 Federal Building, 1000 Liberty Avenue, Pittsburgh, Pennsylvania 15222, Telephone 412-644-2977.