Teamsters Local 307 (Ringsby Truck Lines)

TEAMSTERS LOCAL NO. 307 International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, local No. 307 and Ringsby Truck Lines, Inc. Case 27-CB- 1103 September 23, 1977 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENELLO AND MURPHY Upon a charge filed on March 14, 1977, by Ringsby Truck Lines, Inc., herein called the Employ- er, and fully served on International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 307, herein called Respon- dent, the General Counsel of the National Labor Relations Board, by the Acting Regional Director for Region 27, issued a complaint and notice of hearing on April 20, 1977, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(b)(l)(B) 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 failed to file an answer to the complaint. On July 18, 1977, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment with appendixes attached, and on July 25, 1977, an amendment thereto. Subsequently, on August 3, 1977, the Board issued an order transfer- ring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respon- dent did not file a response to the Notice To Show Cause and therefore the allegations of the Motion for Summary Judgment stand uncontroverted. 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 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 232 NLRB No. 47 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 Respondent specifically stated that unless an answer to the complaint was filed within 10 days of service thereof "all of the allegations in the Complaint shall be deemed to be admitted to be true and may be so found by the Board." Further, according to the uncontroverted allegations of the Motion for Sum- mary Judgment, on July 7, 1977, the General Counsel contacted John Spears, authorized business representative for Respondent, who referred General Counsel to John Rooney, Esq., as Rspondent's counsel. (Mr. Rooney had not entered an appearance in this matter.) Mr. Rooney's office was contacted and informed of the General Counsel's intention to file this motion if an answer to the complaint was not filed by July 12, 1977. No answer had been filed as of the date of filing of the Motion for Summary Judgment and its amendment, and Respondent has failed to file a response to the Notice To Show Cause in which it could have attempted to explain its failure to answer. No good cause for failure to file an answer having been shown, in accordance with the rules set forth above, the allegations of the complaint are deemed to be admitted. Accordingly, we find as true all the allegations of the complaint and 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 EMPLOYER Ringsby Truck Lines, Inc., is, and has been at all times material herein, a corporation duly organized under, and existing by virtue of, the laws of the State of Nebraska and engaged in the interstate transpor- tation of goods from its principal office and place of business in Denver, Colorado, and its terminal in Cheyenne, Wyoming. In the course and conduct of its business operations, Ringsby Truck Lines, Inc., annually derives in excess of $200,000 gross revenue from such operations. We find, on the basis of the foregoing, that the Employer is, and has been at all times material herein, an employer engaged in commerce within the 323 DECISIONS OF NATIONAL LABOR RELATIONS BOARD meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein. 11. THE LABOR ORGANIZATION INVOLVED Respondent is, and has been at all times material herein, a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES Respondent, by its officers, agents, and representa- tives, restrained and coerced and is restraining and coercing the Employer, in the selection of its representatives for the purpose of collective bargain- ing and the adjustment of grievances, by the following acts and conduct: I. On or about January 10, 1977, Respondent, acting by and through John Spears, its secre- tary/treasurer, advised Jeff DeLong, Bernard Rona, and Lester Cooper, supervisors of the Employer at its Cheyenne, Wyoming, location, and representatives of the Employer for the purposes of collective bargaining or the adjustment of grievances within the meaning of Section 8(b)(1)(B) of the Act, that they were being brought before the executive board of Respondent on charges of crossing the picket line of Respondent and performing work for the Employer. 2. On or about January 28, 1977, Respondent, by its officers, agents, and representatives, levied fines against the three above-named individuals because they crossed Respondent's picket line and performed work or services for the Employer. 3. At all times material herein, the three above- named individuals were performing work or services for the Employer as representatives for the purposes of collective bargaining or the adjustment of griev- ances and did not perform any substantial amount of work within the bargaining unit represented by Respondent. Accordingly, we find that by the aforesaid conduct Respondent has restrained and coerced the Employ- er in the selection of its representatives for the purposes of collective bargaining and adjustment of grievances, and thereby has engaged in unfair labor practices within the meaning of Section 8(b)(1)(B) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent, set forth in section 111, above, occurring in connection with the Employ- er's 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 Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(l)(B) of the Act, we shall order that it cease and desist therefrom, and that it take certain affirmative action as set forth below designed to effectuate the purposes and policies of the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Ringsby Truck Lines, Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 307, is a labor organization within the meaning of Section 2(6) and (7) of the Act. 3. By the acts described in section III, above, Respondent has restrained and coerced the Employ- er in the selection of its representatives for the purposes of collective bargaining and adjustment of grievances and thereby has engaged in unfair labor practices within the meaning of Section 8(b)( )(B) of the Act. 4. The aforesaid unfair labor practices affect commerce within the meaning 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, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 307, its officers, agents, and representatives, shall: 1. Cease and desist from restraining or coercing Ringsby Truck Lines, Inc., in the selection of representatives for the purpose of collective bargain- ing or the adjustment of grievances: (a) By fining, otherwise disciplining, or attempting by any means to collect or enforce any fine or discipline imposed against any such representatives, including Jeff DeLong, Bernard Rona, and Lester Cooper, who perform substantially only supervisory functions for Ringsby Truck Lines, Inc., while Respondent is engaged in a labor dispute with that Employer. 324 TEAMSTERS LOCAL NO. 307 (b) By engaging in any like or related conduct constituting such restraint or coercion. 2. Take the following affirmative action which, we find, will effectuate the policies of the Act: (a) Rescind and expunge from all records the fines levied against Jeff DeLong, Bernard Rona, and Lester Cooper after they had performed substantially only supervisory functions for Ringsby Truck Lines, Inc., while Respondent was engaged in a labor dispute with that Employer. (b) Advise Jeff DeLong, Bernard Rona, and Lester Cooper, in writing, that the said fines have been rescinded and expunged from all records. (c) Post at its office and meeting halls copies of the attached notice marked "Appendix."' Copies of said notice, on forms provided by the Regional Director for Region 27, after being duly signed by Respon- dent's representative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to members 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. (d) Mail to the Regional Director for Region 27 signed copies of the said notice for posting, if Ringsby Truck Lines, Inc., is willing, at its Cheyenne, Wyoming, location, in places where notices to employees are customarily posted. Copies of said notice, on forms provided by the Regional Director for Region 27, after having been signed by Respon- dent's representative, shall be forthwith returned to the Regional Director for posting by Ringsby Truck Lines, Inc. (e) Notify the Regional Director for Region 27, in writing, within 20 days from the date of this Order, what steps Respondent has taken to comply here- with. i In the event Ihat 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 MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT restrain or coerce Ringsby Truck Lines, Inc., in the selection of representatives for the purpose of collective bargaining or the adjustment of grievances: (a) By fining, otherwise disciplining, or attempting in any manner to collect or enforce any fine or discipline heretofore imposed against any such representatives, including Jeff DeLong, Bernard Rona, and Lester Cooper, who perform substantially only supervisory functions for Ringsby Truck Lines, Inc., while we are engaged in a labor dispute with that Employer. (b) By engaging in any like or related conduct constituting such restraint or coer- cion. WE WILL rescind and expunge from all records the fines levied by us against Jeff DeLong, Bernard Rona, and Lester Cooper, after they had performed substantially only supervisory func- tions for Ringsby Truck Lines, Inc., while we were engaged in a labor dispute with that Employer, and WE WILL notify the above-named employees, in writing, that we are rescinding the fines and that we have expunged our records of such fines. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL No. 307 325