Camblin Steel Service Co.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Camblin Steel Service Company and International Union of Bridge, Structural & Ornamental Iron Workers, Local 118, AFL-CIO. Case 20-CA- 12703 November 18, 1977 DECISION AND ORDER BY MEMBERS JENKINS, PENELLO, AND MURPHY Upon a charge filed on April 4, 1977, by the International Union of Bridge, Structural & Orna- mental Iron Workers, Local 118, AFL-CIO, herein called the Union, and duly served on Camblin Steel Service Company, herein called Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 20, issued a complaint and notice of hearing on June 23, 1977, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(3) 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 to this proceeding. Respondent did not file an answer to the complaint. On August 22, 1977, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment based on Respondent's failure to file an answer as required by Sections 102.20 and 102.21 of the Board Rules and Regulations, Series 8, as amended. Subsequently, on September 13, 1977, 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 thereafter 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 Rules and Regulations, 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 233 NLRB No. 95 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 and its agents by registered mail specifically states that unless an answer to the complaint is filed by the Respondent 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." According to the uncontroverted allegations of the Motion for Summary Judgment and attached affidavit of ser- vice, copies of the complaint and notice of hearing were served, by registered mail, on June 23, 1977, on Respondent and its representative. Thereafter, by letter dated August 8, 1977, counsel for the General Counsel advised Respondent's representative that an answer had not been received, requested that an answer be filed promptly, and advised that, in the event an answer was not filed by August 15, 1977, he would recommend that Summary Judgment be sought. As noted above, Respondent did not 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 the rules set forth above, the allegations of the complaint are deemed to be admitted and are found to be true. Accordingly, we 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 California corporation, is engaged in the fabrication and installation of reinforcing steel, with its principal place of business located in Sacramento, California. During the past fiscal year, a representative period, Respondent, in the course and conduct of its business operations, has provided goods, materials, and services valued in excess of $50,000 to Judson Steel Corporation in connection with its sewer treatment project located in Sacramen- to, California. During the past fiscal year, Judson Steel Corporation, in the course and conduct of its business operations, purchased and received goods, materials, and supplies in excess of $50,000 directly from suppliers located outside the State of California. 624 CAMBLIN STEEL SERVICE COMPANY 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 Union of Bridge, Structural & Orna- mental Iron Workers, Local 118, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 111. THE UNFAIR LABOR PRACTICES The 8(a)(3) Violation On or about March 23, 1977, Respondent terminat- ed Louis W. White because of his membership in, activities on behalf of, and support of the Union, and/or because he engaged in concerted activities for the purpose of collective bargaining or other mutual aid or protection. Accordingly, we find that, by the aforesaid con- duct, Respondent discriminated in regard to the terms and conditions of employment of its employ- ees, thereby discouraging membership in a labor organization and that, by such conduct, Respondent 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, in connection with its operations described in section I, above, have a close, intimate, and substan- tial 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 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)(3) and (1) 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. Having also found that Respondent discriminatori- ly discharged employee Louis W. White, we shall order Respondent to 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 to make him whole for any loss of earnings he may have suffered by payment to him of a sum of money equal to the amount he normally would have earned as wages from the date of his discharge to the date of Respondent's offer of reinstatement, less net earnings, and interest thereon to be computed in the manner prescribed in F. W. Woolworth Co., 90 NLRB 289 (1950), and Florida Steel Corporation, 231 NLRB 651 (1977).' As the unfair labor practices committed by Respondent were of a character which go to the very heart of the Act, we shall order 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. Camblin Steel Service Company is an employ- er engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Union of Bridge, Structural & Ornamental Iron Workers, Local 118, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. By the conduct set forth in section III, above, Respondent has interfered with, restrained, and coerced, and is interfering with, restraining, and coercing 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)(3) and (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 Relations Board hereby orders that the Respondent, Camblin Steel Service Company, Sacramento, Cali- fornia, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Discouraging membership in International Union of Bridge, Structural & Ornamental Iron Workers, Local 118, AFL-CIO, or any other labor organization, by its employees, by discriminatorily discharging or by otherwise discriminating in regard I See, generally, Isis Plumbing & Heating Co., 138 NLRB 716 (1962). 625 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to hire and tenure of employment of any of its employees because they joined or assisted the above- named Union, or any other labor organization, or engaged in other concerted activity for the purpose of collective bargaining or mutual aid and protec- tion. (b) 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 Louis W. White 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 pay he may have suffered by reason of the discrimi- nation against him by payment to him of a sum of money equal to the amount of money he normally would have earned from the date of his discharge to the date of Respondent's offer of reinstatement, in the manner set forth in the section herein entitled "The Remedy." (b) 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. (c) Post at its Sacramento, California, location copies of the attached notice marked "Appendix." 2 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 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. (d) Notify the Regional Director for Region 20, in writing, within 20 days from the date of this Order, what steps Respondent has taken to comply here- with. 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 the International Union of Bridge, Structural & Ornamental Iron Workers, Local 118, AFL-CIO, or any other labor organization, by our employ- ees, by discriminatorily discharging or by other- wise discriminating in regard to hire and tenure of employment of any of our employees because they joined or assisted the above-named Union, or any other labor organization, or engaged in other concerted activity for the purpose of collective bargaining or mutual aid and protec- tion. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them in Section 7 of the Act. WE WILL offer Louis W. White 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 pay he may have suffered by reason of the discrimination against him by payment to him of a sum of money equal to the amount of money he normally would have earned from the date of his discharge to the date of an offer of reinstatement, plus interest. CAMBLIN STEEL SERVICE COMPANY 626