Sempco, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Sempco, Inc. and Local Union No. 15388, United Steelworkers of America, AFL-CIO-CLC. Case 7-CA-17973 August 3, 1981 DECISION AND ORDER Upon a charge filed on July 7, 1980, by Local Union No. 15388, United Steelworkers of America, AFL-CIO-CLC, and duly served on the Respond- ent, Sempco, Inc., the General Counsel of the Na- tional Labor Relations Board, by the Acting Re- gional Director for Region 7, issued a complaint and notice of hearing on August 21, 1980, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices af- fecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the Na- tional Labor Relations Act, as amended. Copies of the charge and the complaint and notice of hearing before an administrative law judge were duly served on the parties to this proceeding. With respect to the unfair labor practices, the complaint alleges in substance that commencing on or about February 14, 1980, and at all times there- after, Respondent has refused, and continues to date to refuse, to execute the collective-bargaining agreement reached with the Union in November 1978, although the Union requested it to do so on February 14, 1980, and has continued to request it to do so. Respondent failed to file an answer to the complaint. On April 20, 1981, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on April 23, 1981, 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 did not file a response to the Notice To Show Cause and, therefore, the allegations in the Motion for Summary Judgment stand uncontroverted. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment Rule 102.20 of the Board's Rules and Regula- tions, Series 8, as amended, provides: 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 257 NLRB No. 85 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 herein specifically states that unless an answer to the complaint is filed within 10 days of 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." As noted above, Re- spondent has failed to file an answer to the com- plaint and has further failed to file a response to the Notice To Show Cause. According to the Motion for Summary Judgment, on January 19, 1981, the Regional Attorney for Region 7 mailed a letter to Respondent giving it until February 2, 1981, to file an answer, and stating that failure to do so would result in filing of a Motion for Sum- mary Judgment. On April 8, 1981, the Regional Office informed Respondent by telephone that no answer had been received, and that the instant motion would be filed. No answer has been filed. Accordingly, under the rule set forth above, no good cause having been shown for the failure to file a timely answer, the allegations of the com- plaint are deemed admitted and are found to be true, and we shall grant the General Counsel's Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF RESPONDENT Sempco, Inc., maintains its office and place of business in West Branch, Michigan, where it is en- gaged in the manufacture and sale of metal stamp- ings, welded assemblies, and related products. During the year ending December 31, 1979, a rep- resentative period, Respondent, in the course and conduct of its business operations, purchased and received at its West Branch, Michigan, facility goods and materials valued in excess of $50,000 di- rectly from points located outside the the State of Michigan. 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. 548 SEMPCO, INC. II. THE LABOR ORGANIZATION INVOLVED Local Union No. 15388, United Steelworkers of America, AFL-CIO-CLC, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES Respondent's Refusal To Bargain Commencing on or about February 14, 1980, and at all times thereafter, Respondent has refused, and continues to date to refuse, to execute the collec- tive-bargaining agreement reached during negotia- tions between the parties hereto culminating in No- vember 1978, although the Union has requested and is requesting it to do so. Accordingly, we find that Respondent has, since February 14, 1980, and at all times thereafter, re- fused to bargain collectively with the Union as the exclusive representative of the employees in the ap- propriate unit, and that, by such refusal, Respond- ent has engaged in and is engaging in unfair labor practices 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 that it take certain affirmative action designed to effectuate the policies of the Act. Having found that Respondent has failed and re- fused to sign the collective-bargaining agreement reached with the Union in November 1978, we shall order that, upon request, Respondent sign said collective-bargaining agreement forthwith. In addi- tion, we shall order that Respondent give effect to the terms of said agreement retroactive to its effec- tive date, and make the unit employees whole for any loss of pay or benefits they may have suffered by reason of its failure to execute and sign the aforesaid agreement, with interest thereon to be computed in the manner prescribed in Isis Plumbing & Heating Co., 138 NLRB 716 (1962), and Florida Steel Corporation, 231 NLRB 651 (1977).1 CONCLUSIONS OF LAW 1. Sempco, Inc., is an employer engaged in com- merce within the meaning of Section 2(6) and (7) of the Act. 2. Local Union No. 15388, United Steelworkers of America, AFL-CIO-CLC, is a labor organiza- tion within the meaning of Section 2(5) of the Act. 3. All production and maintenance employees employed by the Employer at its West Branch, Michigan, facility; excluding all office clerical em- ployees, all guards and supervisors as defined by the Act, constitute a unit appropriate for the pur- poses of collective bargaining 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 exclu- sive representative of all employees in the aforesaid unit for the purpose of collective bargaining within the meaning of Section 9(a) of the Act. 5. By refusing on or about February 14, 1980, and at all times thereafter, to sign the collective- bargaining agreement reached with the Union in November 1978, Respondent has engaged in and is engaging in unfair labor practices within the mean- ing of Section 8(a)(5) 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, Sempco, Inc., West Branch, Michigan, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to sign the collective-bargaining agreement reached with Local Union No. 15388, United Steelworkers of America, AFL-CIO-CLC, in November 1978, covering rates of pay, wages, hours, and other terms and conditions of employ- ment for employees in the following appropriate unit: All production and maintenance employees employed by the Employer at its West Branch, Michigan, facility; excluding all office clerical employees, all guards and supervisors as defined by the Act. (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. ' Member Jenkins would award interest on any backpay due in accord- ance with his partial dissent in O'1npic Medical Corporatlion. 250 NLRB 146 (1980) 549 DECISIONS OF NATIONAL LAI3OR RELATIONS BO()ARD 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 ex- ecute the collective-bargaining agreement reached with the Union in November 1978. (b) Give effect to the terms of the above-de- scribed collective-bargaining agreement retroactive to the effective date of such agreement, and make the unit employees whole for any loss of pay or benefits they may have suffered by reason of its failure to execute and sign said agreement, with in- terest thereon to be computed in the manner set forth in the section of this Decision entitled "The Remedy." (c) Preserve and, upon request, make available to the Board or its agents, for examination and copy- ing, all payroll records, social security payment re- cords, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this De- cision and Order. (d) Post at its place of business in West Branch, Michigan, copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms pro- vided by the Regional Director for Region 7, after being duly signed by Respondent's representative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 con- secutive days thereafter, in conspicuous places, in- cluding 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. 2 In the event that this Order is enfilrced by a Judgment of a United States Court or Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "''Iosted I'uru- ant to a Judgment of the United States Court of Appeals Eliforcing an Order of the National I.abor Relations Board. (e) Notify the Regional Director for Region 7, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. APPENDIX NoIICI To EMPI.OYEES POSrTEl BY ORDER OF THEI NATI'IONAI. LABOR RELATIONs BOARD An Agency of the United States Government WE WIll. NOT refuse to sign the collective- bargaining agreement reached with Local Union No. 15388, United Steelworkers of America, AFL-CIO-CLC, in November 1978, covering rates of pay, wages, hours, and other terms and conditions of employment for em- ployees in the bargaining unit described below. WE WII.L NOT in any like or related manner interfere with, restrain, or coerce our employ- ees in the exercise of the rights guaranteed them in 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 execute the collec- tive-bargaining agreement reached with the above-named Union in November 1978. WE WIll., give effect to the terms of the above-described collective-bargaining agree- ment retroactive to the effective date of such agreement, and make the unit employees whole for any loss of pay or benefits they may have suffered by reason of our failure to ex- ecute and sign said agreement, together with interest. The bargaining unit is: All production and maintenance employees employed by the Employer at its West Branch, Michigan, facility; excluding all office clerical employees, all guards and su- pervisors as defined by the Act. SEMPCO, INC. 550