Fuller & Range Fiber Co., Inc.

252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Fuller & Range Fiber Co., Inc . and Local 315, General Truck Drivers, Warehousemen, Helpers and Auto- motive Workers. Case 20-CA-8859 June 28, 1974 DECISION AND ORDER BY MEMBERS FANNING, KENNEDY, AND PENELLO Upon a charge and amended charge filed on Janu- ary 2, 1974, and April 12, 1974, respectively, by Local 315, General Truck Drivers, Warehousemen, Helpers and Automotive Workers, herein called the Union, and duly served on Fuller & Range Fiber Co., Inc., herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 20, issued a complaint on April 16, 1974, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sections 8(a)(1) and 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, amended charge, and complaint and notice of hearing before an Adminis- trative Law Judge were duly served on the Respond- ent. With respect to the unfair labor practices, the com- plaint alleges in substance that since on or about No- vember 10, 1973, and continuing to date, the Union has represented a majority of the employees of the Respondent in an appropriate drivers and warehouse- men unit. The complaint further alleges that begin- ning in the middle of November, Respondent, by its officers, agents, and representatives, interfered with, restrained, and coerced employees in violation of the exercise of their rights guaranteed in Section 7 of the Act by interrogating them concerning their union sympathies, threatening them with layoffs or loss of work if they voted for the Union, promising increased wages in order to discourage their support for the Union, and soliciting employees to renounce and withdraw, in writing, their support of the Union. By these acts, the Respondent allegedly violated Section 8(a)(1) of the Act. The Respondent did not file an answer to the complaint. On May 13, 1974, counsel for the General Counsel filed with the Board in Washington, D.C., a Motion for Summary Judgment, with appendixes attached. The General Counsel submits that, although request- ed to do so, Respondent has failed to file an answer to the complaint. He therefore moves that the allega- tions of the complaint be deemed to be admitted to be true and be so found, and that the Board find that Respondent violated Section 8(a)(1) of the Act. On May 21, 1974, the Board issued an Order trans- ferring the proceeding before it and a Notice To Show Cause why the General Counsel's Motion for Summa- ry Judgment should not be granted. No response to the Notice To Show Cause has been filed by the Re- spondent. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority 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 allega- tion in the complaint not specifically denied or explained in an answer filed, unless the respond- ent 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 in the Com- plaint shall be deemed to be admitted true and may be so found by the Board." According to the Motion for Summary Judgment, the complaint and notice of hearing was served on the Respondent by a United States Marshall on April 22, 1974, and further, on May 3, 1974, counsel for the General Counsel mailed the Respondent a letter, addressed to its president, informing him of the necessity of answering the com- plaint by May 9, 1974, in order to forestall the filing of the instant Motion for Summary Judgment. The above allegations of the Motion for Summary Judg- ment stand uncontroverted. No answer has been filed, nor has there been any explanation for the failure to do so. Accordingly, the Respondent not having filed an answer within the 10-day period prescribed by the Rule set forth above, and no good cause having been shown to the contrary, the allegations of the com- 212 NLRB No. 54 FULLER & RANGE FIBER CO., INC. plaint and deemed to be admitted to be true and are so found. We shall accordingly grant the General Counsel's Motion for Summary Judgment. FINDING OF FACT 1. THE BUSINESS OF THE RESPONDENT Respondent is a California corporation engaged in the business of recycling paper at its facility located in Richmond, California. During the past calendar year, Respondent in the course and conduct of its business operations received gross revenues in excess of $500,000. During the same period, Respondent in the course and conduct of its business operations made sales in excess of $50,000 to customers, each of which said customers in turn meet one or more of the Board's direct standards for the assertion of jurisdic- tion. We find, on the basis of the foregoing, that Re- spondent is, and has been at all times material hereto, an employer engaged in commerce within the mean- ing 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 Local 315, General Truck Drivers, Warehousemen, Helpers and Automotive Workers is a labor organiza- tion within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES Commencing in and about November 1973 Re- spondent, by its officers, agents, and representatives, interfered with, restrained, and coerced employees in violation of the exercise of the rights guaranteed them in Section 7 of the Act by interrogating them concern- ing their union sympathies , threatening them with lay- offs or loss of work if they voted for the Union, promising increased wages in order to discourage their support for the Union, and soliciting employees to renounce with and withdraw, in writing, their sup- port of the Union. Accordingly, by the abovementioned conduct we find that the Respondent did interfere with, restrain, and coerce the employees in their rights guaranteed in Section 7 of the Act, and thereby engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act. 253 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 I, above, have a close, intimate, and substantial relationship to trade, traffic, and com- merce among the several States and tend to lead to labor disputes burdening and obstructing commerce 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 mean- ing of Section 8(a)(l) of the Act, we shall order that it cease and desist therefrom and take certain affirma- tive action designed to effectuate the policies of the Act. The Board, on the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Fuller & Range Fiber Co., Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Local 315, General Truck Drivers, Warehouse- men, Helpers and Automotive Workers is a labor or- ganization within the meaning of Section 2(5) of the Act. 3. By interrogating employees concerning their union sympathies, threatening employees with layoffs or loss of work if they voted for the Union, promising increased wages in order to discourage their support for the Union, and soliciting employees to renounce and withdraw, in writing, their support for the Union, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act. 4. 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 Rela- tions Board hereby orders that the Respondent, Fuller & Range Fiber Co., Inc., Richmond, California, its officers, agents, successors, and assigns, shall: L Cease and desist from: (a) Interrogating employees concerning their union sympathies. 254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Threatening employees with layoffs or loss of work if they voted for local 315, General Truck Driv- ers, Warehousemen, Helpers and Automotive Work- ers. (c) Promising increased wages in order to discour- age employees in their support for Local 315, General Truck Drivers, Warehousemen, Helpers and Automo- tive Workers. (d) Soliciting employees to renounce and with- draw, in writing, their support for Local 315, General Truck Drivers, Warehousemen, Helpers and Automo- tive Workers. (e) 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 Richmond, California, facility copies of the attached notice marked "Appendix." I Copies of said notice, on forms provided by the Regional Director for Region 20, after being duly signed by Respondent's representative, shall be posted by Re- spondent 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. (b) Notify the Regional Director for Region 20, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply here- with. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT interrogate employees concerning their union sympathies. WE WILL NOT threaten employees with layoffs or loss of work if they voted for Local 315, Gen- eral Truck Drivers, Warehousemen, Helpers and Automotive Workers. WE WILL NOT promise increased wages in order to discourage employees in their support for Lo- cal 315, General Truck Drivers, Warehousemen, Helpers and Automotive Workers. WE WILL NOT solicit employees to renounce and withdraw, in writing, their support for Local 315, General Truck Drivers, Warehousemen, Helpers and Automotive Workers. WE WILL NOT in any like or related manner in- terfere with, restrain, or coerce employees in the exercise of the rights guaranteed them in Section 7 of the National Labor Relations Act. FULLER& RANGE FIBER CO, INC. (Employer) Dated By 1 In the event that this Order is enforced by a Judgment of the 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." (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, 13018 Federal Building, Box 36047, 450 Golden Gate Avenue , San Francisco , California 94102, Telephone 415-556-3197.