E.T. & T. Leasing, Inc.

804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Eagle Truck and Trailer Rental Division of E.T. & T. Leasing, Inc. and Teamsters Local Union No. 676. Case 4-CA-6637 June 21, 1974 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS Upon a charge and amended charge filed on November 12, 1973, and January 21, 1974, respec- tively, by Teamsters Local Union No. 676, herein called the Union, and duly served on Eagle Truck and Trailer Rental Division of E.T. & T. Leasing, Inc., herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 4, issued a complaint on January 24, 1974, against Respondent, alleging that Respondent had engaged in, and was engaging in, unfair labor practices affecting com- merce within the meaning of Section 8(a)(5) and (1) 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. With respect to the unfair labor practices the complaint alleges, in substance, that since on or about October 20, 1973, Respondent shut down its Collingswood, New Jersey, terminal and has since refused to bargain with the Union about the effects of the shutdown on Respondent's employees in violation of Section 8(a)(5) and (1) of the Act. Respondent failed to file an answer to the complaint. On March 4, 1974, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment based on Respondent's failure to file a timely answer as required by the Board's Rules and Regulations. Subsequently, on March 12, 1974, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respondent did not 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 211 NLRB No. 104 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 to the complaint was filed 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 shall be so found by the Board." Further, according to the Motion for Summary Judgment, after the time for filing an answer had expired, counsel for the General Counsel on several occasions subsequent to February 6, 1974, and between February I 1 and 25, 1974, informed Respondent by telephone that an answer to the complaint was required and that a motion for summary judgment could be filed. To date Respondent has given no reasons for its failure to do so. Since Respondent has not filed an answer within 10 days from the service of the complaint, or at any other time, and since no good cause for such failure has been shown, in accordance with the rule set forth above, the averments of the complaint herein are deemed to be admitted to be true. We shall, accordingly, 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 Maryland corporation, has its principal office in Baltimore, Maryland, where it is engaged in leasing and maintaining trucks at various terminals including one at Collingswood, New Jersey, the only terminal involved in this proceeding. During the past year Respondent derived income in excess of $50,000 directly from outside the State of Maryland. 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 EAGLE TRUCK AND TRAILER RENTAL it will effectuate the policies of the Act to assert jurisdiction herein. 11. THE LABOR ORGANIZATION INVOLVED Teamsters Local Union No. 676 is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES The 8(a)(5) Violation The following employees of the Respondent constitute a unit appropriate for purposes of collec- tive bargaining within the meaning of Section 9(b) of the Act: All employees classified as body mechanics, mechanics, and miscellaneous at Respondent's Collingswood, New Jersey, terminal, excluding guards and supervisors as defined in the Act. Since January 1, 1972, Respondent and the Union have been parties to a collective-bargaining agree- ment pursuant to which Respondent recognized the Union as the exclusive collective-bargaining repre- sentative for purposes of negotiating rates of pay, wages, hours, and other terms and conditions of employment for Respondent's employees in the unit herein found to be appropriate. The agreement is effective to January 1, 1975. On or about October 20, 1973, Respondent shut down and vacated its Coll- ingswood, New Jersey, terminal. Since on or about October 20, 1973, Respondent has refused to bargain with the Union about the effects of the shutdown on its employees. We, accordingly, find that the Respon- dent, by the conduct described above, has, since on or about October 20, 1973, refused to bargain with the Union as the exclusive representative of its employees in the appropriate unit and that by such conduct, Respondent has engaged 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 the Respondent, set forth in section III, above, 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 commerce and the free flow of com- merce. V. THE REMEDY 805 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 it to cease and desist from refusing to bargain with the Union over the effects of the shutdown of its Collingswood, New Jersey, terminal upon Respondent's employees in the unit found above to be appropriate, and, if an understanding is reached, to embody such understanding in a signed agreement. The Board, upon the basis of the foregoing facts and the entire record herein, makes the following: CONCLUSIONS OF LAW 1. Eagle Truck and Trailer Rental Division of E. T. & T. Leasing, Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Teamsters Local Union No. 676 is a labor organization within the meaning of Section 2(5) of the Act. 3. All employees classified as body mechanics, mechanics, and miscellaneous at Respondent's Coll- ingswood, New Jersey, terminal, excluding guards and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining under Section 9(b) of the Act. 4. By refusing on or about October 20, 1973, and at all times thereafter, to bargain collectively in good faith with the Union over the effect on its employees of the closing of its Collingswood, New Jersey, terminal, Respondent has engaged in unfair labor practices within the meaning of Section 8(a)(5) of the Act. 5. By the actions described in the preceding paragraph, Respondent interfered with, restrained, and coerced, and is interfering with, restraining, and coercing employees in the exercise of rights guaran- teed 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)(5) and (1) 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, Eagle Truck and Trailer Rental Division of E. T. & T. Leasing, Inc., its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain collectively with Teamsters Local Union No. 676 over the effects of the 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shutdown of its Collingswood, New Jersey, terminal with respect to employees in the following appropri- ate unit: All employees classified as body mechanics, mechanics, and miscellaneous at Respondent's Collingswood, New Jersey, terminal, excluding guards and supervisors as defined in the Act. (b) In any other manner interfering with, restrain- ing, or coercing employees in the exercise of 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 labor organiza- tion named above as the exclusive representative of all employees in the aforesaid appropriate unit over the effects of the shutdown of its Collingswood, New Jersey, terminal and, if an understanding is reached, embody such understanding in a signed agreement. (b) Mail copies of the attached notice marked "Appendix,"' on forms provided by the Regional Director for Region 4, after being duly signed by the Respondent's representative, to the last known address of the employees involved and to the Union. (c) Notify the Regional Director for Region 4, in writing, within 20 days from the date of this Order, what steps the Respondent has 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 the effects of the shutdown of the Collingswood, New Jersey, terminal with Team- sters Local Union No. 676 as the exclusive representative of the employees in the bargaining unit described below. 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 the effects of the shutdown and, if an understanding is reached, embody such understanding in a signed agree- ment. The bargaining unit is: All employees classified as body mechanics, mechanics, and miscellaneous at the Coll- ingswood, New Jersey, terminal, excluding guards and supervisors as defined in the Act. EAGLE TRUCK AND TRAILER RENTAL DIVISION OF E.T. & T. LEASING, 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 covere.i by any other material. Any questions concerning this notice or compli- ance with its provisions may be directed to the Board's Office, William J. Green, Jr., Federal Building, 600 Arch Street, Suite 4400, Philadelphia, Pennsylvania 19106, Telephone 215-597-7601.