Nicky's Bakery

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Borge's Bakery, Inc. d/b/a Nick's Bakery and Local 50, Bakery, Confectionery and Tobacco Work- ers Union, AFL-CIO. Case 22-CA--9920 January 21, 1981 DECISION AND ORDER Upon a charge filed on April 21, 1980, by Local 50, Bakery, Confectionery and Tobacco Workers Union, AFL-CIO, herein called the Union, and duly served on Borge's Bakery, Inc. d/b/a Nick's Bakery, herein called Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 22, issued a com- plaint on June 27, 1980, against Respondent, alleg- ing that Respondent had engaged in and was en- gaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the National Labor Rela- tions Act, as amended. Copies of the charge and complaint and notice of hearing before an adminis- trative law judge were duly served on the parties to this proceeding. On October 28, 1980, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment based uponRespondent's fail- ure to file an answer as required by Section 102.20 of the Board's Rules and Regulations, Series 8, as amended. Subsequently, on November 6, 1980, 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 Judg- ment should not be granted. No response was filed. 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 there- to. 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 Respondent specifically state that, unless an answer 254 NLRB No. 101 to the complaint is filed by Respondent within 10 days of service thereof, "all of the allegations con- tained in the Complaint shall be deemed to be ad- mitted to be true and may be so found by the Board." According to the uncontroverted allega- tions of the Motion for Summary Judgment, coun- sel for the General Counsel made several requests of Respondent to file an answer to the complaint, but Respondent failed and refused to do so. There- after, on July 25, 1980, counsel for the General Counsel notified Respondent's owner and presi- dent, by certified mail, that unless Respondent filed an answer to the complaint by the close of business on August 1, 1980, a Motion for Summary Judg- ment would be filed. Thereafter, on October 28, 1980, no answer having been filed, counsel for the General Counsel filed a Motion for Summary Judgment. Respondent filed no response to the Motion for Summary Judgment or to the Board's November 6, 1980, Notice To Show Cause. As Respondent has not filed an answer within 10 days from the service of the complaint, nor at any other time, and as no good cause to the contrary has been shown, in accordance with the rule set forth above, the allegations of the complaint herein are deemed to be true and are so found to be true.' On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF RESPONDENT Respondent, a New Jersey corporation, is en- gaged in the wholesale and retail sale of baked goods, maintaining its principal place of business at 10 Airport Plaza, Hazlet, New Jersey, herein called the Hazlet bakery. The Hazlet bakery is the only facility involved in this proceeding. During the cal- endar year 1979, a representative period, Respon- dent purchased goods and materials valued in excess of $50,000 from firms located in the State of New Jersey which, in turn, purchased those goods directly from points outside the State of New Jersey. We find, on the basis of the foregoing, that Re- spondent 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. ' Jerry C Wilson. Curtis Wilson and Rodney V Wilson d/b/a Wilson & Sors, 193 NLRB 35(0 (1971), and cases cited therein 878 NICK'S BAKERY. II. THE LABOR ORGANIZATION INVOLVED Local 50 and its predecessor Local 64, Bakery, Confectionery and Tobacco Workers Union, AFL- CIO, herein called Local 50, is and has been at all times material herein, a labor organization within the meaning of Section 2(5) of the Act. Ill. THE UNFAIR LABOR PRACTICES The 8(a)(l) and (5) violations Respondent is and has been an employer-member of an employers association which includes several other bakeries in New Jersey. For a number of years the members of this Association, including Respondent, have delegated to the Association the authority to conduct collective-bargaining negotia- tions on their behalf and to negotiate a collective- bargaining agreement covering their respective em- ployees. Since 1974, Local 64, and subsequently Local 50, of the Bakery, Confectionery and Tobacco Work- ers Union, AFL-CIO, has been the exclusive rep- resentative of Respondent's employees, including all ovenmen, mixers, bench hands, and apprentices, for the purposes of collective bargaining with re- spect to rates of pay, wages, hours of employment, and other terms and conditions of employment. Since February 1980 and at all times material herein to date, Respondent has refused and contin- ues to refuse to sign a written agreement embody- ing rates of pay, wages, hours of employment, and other terms and conditions of employment agreed upon between Respondent, through the Associ- ation, and Local 50. Accordingly, we find that Respondent has, since February 1980, and at all times thereafter, refused to bargain collectively with Local 50 as the exclu- sive representative of the employees in the appro- priate unit, and that, by such refusal, Respondent has engaged in and is engaging in unfair labor prac- tices 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 oper- ations described in section I, above, have a close, intimate, and substantial relationship to trade, traf- fic, and commerce among the several States and tend to lead to labor disputes burdening and ob- structing 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(a)(5) and (1) of the Act we shall order that it cease and desist therefrom and take certain affirmative action designed to effectu- ate the policies of the Act. Having found that Respondent refused and con- tinues to refuse to execute a written collective-bar- gaining agreement, the terms of which were nego- tiated and agreed upon by Respondent through the employers' association of which it has at all perti- nent times been a member, covering the rates of pay, wages, hours of employment, and other terms and conditions of employment between itself and Local 50, we shall order that Respondent execute the agreement effective February 1980 and honor and comply with the terms and conditions of that agreement with retroactive effect to its effective date. CONCLUSIONS OF LAW I. The Respondent, Borge's Bakery, Inc. d/b/a Nick's Bakery, is an employer engaged in com- merce within the meaning of Section 2(6) and (7) of the Act. 2. Local 50 and its predecessor Local 64, Bakery, Confectionery and Tobacco Workers Union, AFL- CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. By the acts and conduct described in section III Respondent has interfered with, restrained, and coerced employees in the exercise of rights guaran- teed in Section 7 of the Act and thereby has en- gaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting 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 Re- lations Board hereby orders that the Respondent, Borge's Bakery, Inc. d/b/a Nick's Bakery, Hazlet, New Jersey, its officers, agents, successors, and as- signs, shall: 1. Cease and desist from: (a) Refusing to execute the collective-bargaining agreement between itself and Local 50, the terms of which have been negotiated and agreed upon by Respondent's employers association and Local 50. (b) In any like or related manner interfering with, restraining, or coercing employees in the ex- 879 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ercise 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 by the Union, Local 50, ex- ecute the collective-bargaining agreement effective February 1980 negotiated by the employers associ- ation and the Union, and honor and comply with the terms and conditions of that agreement with retroactive effect to its effective date. (b) Post at its premises in Hazlet, New Jersey, copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director for Region 22, 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, de- faced, or covered by any other material. 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 Pursu- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." (c) Notify the Regional Director for Region 22, in writing, within 20 days from the date of this Order, what steps have been 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 refuse to execute the collec- tive-bargaining agreement negotiated between Local 50, Bakery, Confectionery and Tobacco Workers Union, AFL-CIO, and the employers association to which we belong. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employ- ees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL, upon request, execute the collec- tive- bargaining agreement negotiated between Local 50 and ourselves and give retroactive effect to the effective date of the contract of all rates of pay, wages, hours of employment, and other terms and conditions of employment due our employees thereunder. BORGE'S BAKERY, INC. D/B/A NICK'S BAKERY 880