RX Williamsons Limited

RX WILLIAMSONS LIMITED 545 RX Williamsons Limited and Retail, Wholesale and Department Store Union, Local 1034, AFL- CIO. Case 4-CA-10649 June 12, 1981 DECISION AND ORDER Upon a charge filed on November 21, 1979, by Retail, Wholesale and Department Store Union, Local 1034, AFL-CIO, herein called the Union, and duly served on RX Williamsons Limited, herein called Respondent, the General Counsel of the National Labor Relations Board, by the Re- gional Director for Region 4, issued a complaint on May 14, 1980, against Respondent, alleging that Respondent had engaged in and was engaging 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 Relations Act, as amended. Copies of the charge and the com- plaint and notice of hearing before an administra- tive law judge were duly served on the parties to this proceeding. Respondent has failed to file an answer and thus the allegations of the complaint stand uncontroverted. On October 14, 1980, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on October 17, 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 Sum- mary Judgment should not be granted. Respondent has failed to file a response to the Notice To Show Cause. 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. 256 NLRB No. 94 The complaint and notice of hearing served on Respondent specifically states that, unless an answer to the complaint is filed by Respondent within 10 days from the service thereof, "all of the allegations contained in the Complaint shall be deemed to be admitted to be true and may be so found by the Board." To date, neither an answer to the complaint nor a response to the Notice To Show Cause has been filed by Respondent. No good cause to the con- trary having been shown, the allegations of the complaint herein are deemed to be admitted and are so found by the Board. Accordingly, we grant the General Counsel's Motion for Summary Judg- ment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF RESPONDENT Respondent is, and has been at all times material herein, a Pennsylvania corporation engaged in the retail sale of drugs, cosmetics, stationery, and food products at a retail store located at 16th Street and J.F.K. Boulevard, Philadelphia, Pennsylvania (herein called the Suburban Station store). Based upon a projection of its operations since on or about October 1, 1979, when Respondent com- menced its operations, Respondent, in the course and conduct of its business, will annually derive gross revenues in excess of $500,000 and will annu- ally purchase goods and materials valued in excess of $250,000 directly from points located outside the Commonwealth of Pennsylvania. 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. II. THE LABOR ORGANIZATION INVOLVED Retail, Wholesale and Department Store Union, Local 1034, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES The following employees of Respondent consti- tute a unit appropriate for collective-bargaining purposes within the meaning of Section 9(b) of the Act: All "store employees" of Respondent at the Suburban Station store who work an average of 15 hours or more per week, excluding store RX WILLIAMSONS LIMITED 545 546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD managers, assistant store managers, and Foun- tain managers. Pennsy Drug Corp., a Pennsylvania corporation, operated the Suburban Station store until October 1, 1979. Prior to that date, and at all times material herein, Pennsy Drug Corp. recognized the Union as the exclusive bargaining representative of the employees in the above-described unit. On or about October 1, 1979, Respondent took possession of and began operating the Suburban Station store. Since that date Respondent has been engaged in the same business operations, at the same location, selling substantially the same prod- ucts, and has had as a majority of its employees, in- dividuals who were previously employees of Pennsy Drug Corp. at the Suburban Station store. Accordingly, we find that by virtue of these oper- ations Respondent has continued as the employing entity and is a successor of Pennsy Drug Corp. We further find that at all times material herein the Union has been and continues to be the exclusive bargaining representative, within the meaning of Section 9(a) of the Act, of all of Respondent's em- ployees in the above-described unit at the Suburban Station store. N.L.R.B. v. Burns International Secu- rity Services, 406 U.S. 272 (1972). Commencing on or about October 15, 1979, and at all times thereafter, the Union has requested Re- spondent to bargain collectively with it as the ex- clusive collective-bargaining representative of all the employees in the above-described unit. Com- mencing on or about October 15, 1979, and con- tinuing at all times thereafter to date, Respondent has refused, and continues to refuse, to recognize and bargain with the Union as the exclusive repre- sentative for collective bargaining of all employees in said unit. Accordingly, we find that Respondent has, since on or about October 15, 1979, and at all times thereafter, refused to bargain collectively with the Union as the exclusive representative of the em- ployees in the appropriate unit, and that, by such refusal, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Sec- tion 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, upon request, bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit, and, if an understanding is reached, embody such understanding in a signed agreement. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. RX Williamsons Limited is an employer en- gaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Retail, Wholesale and Department Store Union, Local 1034, AFL-CIO, is a labor organiza- tion within the meaning of Section 2(5) of the Act. 3. All "store employees" of Respondent at its Suburban Station store in Philadelphia, Pennsylva- nia, who work an average of 15 hours or more per week, excluding store managers, assistant store managers, and fountain managers, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9(b) of the Act. 4. At all times material herein, the above-named labor organization has been and now is the certified and exclusive representative of all employees in the aforesaid appropriate unit for the purpose of collec- tive bargaining within the meaning of Section 9(a) of the Act. 5. By refusing on or about October 15, 1979, and at all times thereafter, to bargain collectively with the above-named labor organization as the exclu- sive bargaining representative of all the employees of Respondent in the appropriate unit, Respondent has engaged in and is engaging in unfair labor prac- tices within the meaning of Section 8(a)(5) of the Act. 6. By the aforesaid refusal to bargain, Respond- ent has interfered with, restrained, and coerced, and is interfering with, restraining, and coercing, employees in the exercise of the rights guaranteed them 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)(1) of the Act. 7. 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- RX WILLIAMSONS LIMITED 547 lations Board hereby orders that the Respondent, RX Williamsons Limited, its officers, agents, suc- cessors, and assigns, shall: I. Cease and desist from: (a) Refusing to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with Retail, Wholesale and Department Store Union, Local 1034, AFL- CIO, as the exclusive bargaining representative of its employees in the following appropriate unit: All "store employees" of RX Williamsons Limited at its Suburban Station store in Phila- delphia, Pennsylvania, who work an average of 15 hours or more per week, excluding store managers, assistant store managers, and Foun- tain managers. (b) In any like or related manner interfering with, restraining, or coercing employees in the ex- 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, bargain with the above-named labor organization as the exclusive representative of all employees in the aforesaid appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such under- standing in a signed agreement. (b) Post at its Suburban Station store copies of the attached notice marked "Appendix."' Copies of said notice, on forms provided by the Regional Director for Region 4, 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. Rea- sonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. 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 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 4, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. 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 rates of pay, wages, hours, and other terms and conditions of employment with Retail, Wholesale and Department Store Union, Local 1034, AFL-CIO, as the exclu- sive 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 employ- ees 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 repre- sentative of all employees in the bargaining unit described below, with respect to rates of pay, wages, hours, and other terms and condi- tions of employment, and, if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is: All "store employees" of RX Williamsons Limited at its Suburban Station store in Philadelphia, Pennsylvania, who work an average of 15 hours or more per week, ex- cluding store managers, assistant store man- agers, and Fountain managers. RX WILLIAMSONS LIMITED RX WILLIAMSONS LIMITED 547