Union Craft

UNION CRAFT 787 Union Craft and Resilient Floor & Decorative Cov- The respondent shall, within 10 days from the ering Workers Local Union No. 1179, Interna- service of the complaint, file an answer there- tional Brotherhood of Painters and Allied to. The Respondent shall specifically admit, Trades of North America and Canada. Case 17- deny, or explain each of the facts alleged in CA 10198 the complaint, unless the respondent is without December 21, 1981 knowledge, in which case the respondent shall so state, such statement operating as a denial. DECISION AND ORDER All allegations in the complaint, if no answer is filed, or any allegation in the complaint not BY CHAIRMAN VAN DE WATER AND specifically denied or explained in an answer MEMBERS FANNING AND HUNTER filed, unless the respondent shall state in the Upon a charge filed on February 24, 1981, by answer that he is without knowledge, shall be Resilient Floor & Decorative Covering Workers deemed to be admitted to be true and shall be Local Union No. 1179, International Brotherhood so found by the Board, unless good cause to of Painters and Allied Trades of North America the contrary is shown. and Canada, herein called the Union, and duly According to the uncontroverted allegations of served on Union Craft, herein called Respondent, the Motion for Summary Judgment, on May 5, the General Counsel of the National Labor Rela- 1981, after certified mail was returned unclaimed, tions Board, by the Regional Director for Region counsel for the General Counsel personally served 17, issued a complaint on March 30, 1981, against Respondent's president and owner with copies of Respondent, alleging that Respondent had engaged the charge, and the complaint and notice of hear- in and was engaging in unfair labor practices af- ing. The complaint and notice of hearing served on fecting commerce within the meaning of Section Respondent specifically states that, unless an 8(a)(5) and (1), Section 8(d), and Section 2(6) and answer to the complaint is filed by Respondent (7) of the National Labor Relations Act, as amend- within 10 days from the service thereof, "all of the ed. Copies of the charge and the complaint and allegations in the complaint shall be deemed to be notice of hearing before an administrative law admitted to be true and may be so found by the judge were duly served on the parties to this pro- Board." According to the further uncontroverted ceeding. Respondent failed to file an answer to the ceeding. Rspon e an answerallegations of the Motion for Summary Judgment, complaint. -,,, on May 19, 1981, counsel for the General Counsel On August 7, 1981, counsel for the General mailed a letter to Respondent reiterating the re- Counsel filed directly with the Board a Motion To irement that Respondent filed an answer to the Transfer Proceeding to the Board and for Sum- complaint and stating that counsel for the General mary Judgment, with exhibits attached, based upon Counsel would consider filing a motion for sum- Respondent's failure to file an answer as required m by Section 102.20 of the National Labor Relations mary judgent if an answer wasnot iled Board Rules and Regulations, Series 8, as amended. 1 No aner has led On August 12, 1981, the Board issued an order Accordingly, under the rule set forth above, no transferring the proceeding to the Board and a good cause having been shown for the failure to Notice To Show Cause why the General Counsel's p Notice To Show Cause why the General Counsel's file a timely answer, the allegations of the com- Motion for Summary Judgment should not be plaint are deemed admitted and are found to be granted. Respondent has filed no response to the true and we shall grant the General ounsel's Notice To Show Cause and, accordingly, the alle- Motion for Summary Judgment. gations of the Motion for Summary Judgment On the basis of the entire record, the Board stand uncontroverted. makes the following: Pursuant to the provisions of Section 3(b) of the FINDINGS OF FACT National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- I. THE BUSINESS OF RESPONDENT thority in this proceeding to a three-member panel. Uporin the entire record in this proceeding, the Respondent is, and has been at all times material Board makes the following: herein, a sole proprietorship engaged in the instal- lation of carpeting at various facilities including a lin o te Mio fr S ry J en facility located at 14200 Midland Drive, Shawnee Ruling on the Motion for Summary Judgment Respondent, in the course and Mission, Kansas. Respondent, in the course and Section 102.20 of the Board's Rules and Regula- conduct of its business operations within the State tions, Series 8, as amended, provides as follows: of Kansas, annually sells goods and services valued 259 NLRB No. 59 UNION CRAFT 787 Union Craft and Resilient Floor & Decorative Cov- The respondent shall, within 10 days from the ering Workers Local Union No. 1179, Interna- service of the complaint, file an answer there- tional Brotherhood of Painters and Allied to. The Respondent shall specifically admit, Trades of North A m e r ica a n d Canad a . Ca se 17- deny, or explain each of the facts alleged in CA 10198 the complaint, unless the respondent is without December 21, 1981 knowledge, in which case the respondent shall so state, such statement operating as a denial. DECISION AND ORDER All allegations in the complaint, if no answer is filed, or any allegation in the complaint not BY CHAIRMAN VAN DE WATER AND specifically denied or explained in an answer MEMBERS FANNING AND HUNTER filed, unless the respondent shall state in the Upon a charge filed on February 24, 1981, by answer that he is without knowledge, shall be Resilient Floor & Decorative Covering Workers deemed to be admitted to be true and shall be Local Union No. 1179, International Brotherhood so found by the Board, unless good cause to of Painters and Allied Trades of North America the contrary is shown. and Canada, herein called the Union, and duly According to the uncontroverted allegations of served on Union Craft, herein called Respondent, the Motion for Summary Judgment, on May 5, the General Counsel of the National Labor Rela- 1981, after certified mail was returned unclaimed, tions Board, by the Regional Director for Region counsel for the General Counsel personally served 17, issued a complaint on March 30, 1981, against Respondent's president and owner with copies of Respondent, alleging that Respondent had engaged the charge, and the complaint and notice of hear- in and was engaging in unfair labor practices af- ing. The complaint and notice of hearing served on fecting commerce within the meaning of Section Respondent specifically states that, unless an 8(a)(5) and (1), Section 8(d), and Section 2(6) and answer to the complaint is filed by Respondent (7) of the National Labor Relations Act, as amend- within 10 days from the service thereof, "all of the ed. Copies of the charge and the complaint and allegations in the complaint shall be deemed to be notice of hearing before an administrative law admitted to be true and may be so found by the judge were duly served on the parties to this pro- Board." According to the further uncontroverted cee^ing. Resp o ndent failed to file a n a n sw e r to the allegations of the Motion for Summary Judgment, complaint. - ,.-,,, , on May 19, 1981, counsel for the General Counsel On August 7, 1981, counsel for the General mailed a letter to Respondent reiterating the re- Counsel filed directly with the Board a Motion To irement that Respondent filed an answer to the Transfer Proceeding to the Board and for Sum- c a stating that counsel for the General mary Judgment, with exhibits attached, based upon Counsel would consider filing a motion for sum- Respondent's failure to file an answer as required m j if a a wa n f bM by Section 102.20 of the National Labor Relations 2m a r y1 j u d g e n ta f an s a n sw e r w as f n o t . i le d Board Rules and Regulations, Series 8, as amended. Acco under he ruled. On August 12, 1981, the Board issued an order Accordingly, under the rule set forth above, no transferring the proceeding to the Board and a fiood cause having been shown for the failure to Notice To Show Cause why the General Counsel's fpl e ain ^ re m an sw e r d t h e allegations of the cob- Motion for Summary Judgment should not be platnt are deemed admitted and are found to be granted. Respondent has filed no response to the t r u e, and we shall grant the General Counsel.s Notice To Show Cause and, accordingly, the alle- M o t l o n f o r Summary Judgment. gations of the Motion for Summary Judgment On t h e b asis of t h e e n tir e r e c o r d , t h e B o ard stand uncontroverted. mak e s the following: Pursuant to the provisions of Section 3(b) of the FINDINGS OF FACT National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- I. THE BUSINESS OF RESPONDENT thority in this proceeding to a three-member panel. - . . Upon the entire record in this proceedingth m p Respondent i s, and has been at all times material Board makes the following: p h e r ein, a so l e Proprietorship engaged in the instal- lation of carpeting at various facilities including a Ruling on the Motion for Summary Judgment facility located at 14200 Midland Drive, Shawnee Ruling on the Motion for Summary Judgment ^^ ^ epnet ntecus n Mission, Kansas. Respondent, in the course and Section 102.20 of the Board's Rules and Regula- conduct of its business operations within the State tions, Series 8, as amended, provides as follows: of Kansas, annually sells goods and services valued 259 NLRB No. 59 UNION CRAFT 787 Union Craft and Resilient Floor & Decorative Cov- The respondent shall, within 10 days from the ering Workers Local Union No. 1179, Interna- service of the complaint, file an answer there- tional Brotherhood of Painters and Allied to. The Respondent shall specifically admit, Trades of North A m e r ica a n d Canad a . Ca se 17- deny, or explain each of the facts alleged in CA 10198 the complaint, unless the respondent is without December 21, 1981 knowledge, in which case the respondent shall so state, such statement operating as a denial. DECISION AND ORDER All allegations in the complaint, if no answer is filed, or any allegation in the complaint not BY CHAIRMAN VAN DE WATER AND specifically denied or explained in an answer MEMBERS FANNING AND HUNTER filed, unless the respondent shall state in the Upon a charge filed on February 24, 1981, by answer that he is without knowledge, shall be Resilient Floor & Decorative Covering Workers deemed to be admitted to be true and shall be Local Union No. 1179, International Brotherhood so found by the Board, unless good cause to of Painters and Allied Trades of North America the contrary is shown. and Canada, herein called the Union, and duly According to the uncontroverted allegations of served on Union Craft, herein called Respondent, the Motion for Summary Judgment, on May 5, the General Counsel of the National Labor Rela- 1981, after certified mail was returned unclaimed, tions Board, by the Regional Director for Region counsel for the General Counsel personally served 17, issued a complaint on March 30, 1981, against Respondent's president and owner with copies of Respondent, alleging that Respondent had engaged the charge, and the complaint and notice of hear- in and was engaging in unfair labor practices af- ing. The complaint and notice of hearing served on fecting commerce within the meaning of Section Respondent specifically states that, unless an 8(a)(5) and (1), Section 8(d), and Section 2(6) and answer to the complaint is filed by Respondent (7) of the National Labor Relations Act, as amend- within 10 days from the service thereof, "all of the ed. Copies of the charge and the complaint and allegations in the complaint shall be deemed to be notice of hearing before an administrative law admitted to be true and may be so found by the judge were duly served on the parties to this pro- Board." According to the further uncontroverted cee^ing. Resp o ndent failed to file a n a n sw e r to the allegations of the Motion for Summary Judgment, complaint. - ,.-,,, , on May 19, 1981, counsel for the General Counsel On August 7, 1981, counsel for the General mailed a letter to Respondent reiterating the re- Counsel filed directly with the Board a Motion To irement that Respondent filed an answer to the Transfer Proceeding to the Board and for Sum- c a stating that counsel for the General mary Judgment, with exhibits attached, based upon Counsel would consider filing a motion for sum- Respondent's failure to file an answer as required m j if a a wa n f bM by Section 102.20 of the National Labor Relations 2m a r y1 j u d g e n ta f an s a n sw e r w as f n o t . i le d Board Rules and Regulations, Series 8, as amended. Acco under he ruled. On August 12, 1981, the Board issued an order Accordingly, under the rule set forth above, no transferring the proceeding to the Board and a fiood cause having been shown for the failure to Notice To Show Cause why the General Counsel's fpl e ain ^ re m an sw e r d t h e allegations of the cob- Motion for Summary Judgment should not be platnt are deemed admitted and are found to be granted. Respondent has filed no response to the t r u e, and we shall grant the General Counsel.s Notice To Show Cause and, accordingly, the alle- M o t l o n f o r Summary Judgment. gations of the Motion for Summary Judgment On t h e b asis of t h e e n tir e r e c o r d , t h e B o ard stand uncontroverted. m a k e s the following: Pursuant to the provisions of Section 3(b) of the FINDINGS OF FACT National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- I. THE BUSINESS OF RESPONDENT thority in this proceeding to a three-member panel. - . . Upon the entire record in this proceedingth m p Respondent i s, and has been at all times material Board makes the following: p h e r ein, a so l e Proprietorship engaged in the instal- lation of carpeting at various facilities including a Ruling on the Motion for Summary Judgment facility located at 14200 Midland Drive, Shawnee Ruling on the Motion for Summary Judgment ^^ ^ epnet ntecus n Mission, Kansas. Respondent, in the course and Section 102.20 of the Board's Rules and Regula- conduct of its business operations within the State tions, Series 8, as amended, provides as follows: of Kansas, annually sells goods and services valued 259 NLRB No. 59 UNION CRAFT 787 Union Craft and Resilient Floor & Decorative Cov- The respondent shall, within 10 days from the ering Workers Local Union No. 1179, Interna- service of the complaint, file an answer there- tional Brotherhood of Painters and Allied to. The Respondent shall specifically admit, Trades of North A m e r ica a n d Canad a . Ca se 17- deny, or explain each of the facts alleged in CA 10198 the complaint, unless the respondent is without December 21, 1981 knowledge, in which case the respondent shall so state, such statement operating as a denial. DECISION AND ORDER All allegations in the complaint, if no answer is filed, or any allegation in the complaint not BY CHAIRMAN VAN DE WATER AND specifically denied or explained in an answer MEMBERS FANNING AND HUNTER filed, unless the respondent shall state in the Upon a charge filed on February 24, 1981, by answer that he is without knowledge, shall be Resilient Floor & Decorative Covering Workers deemed to be admitted to be true and shall be Local Union No. 1179, International Brotherhood so found by the Board, unless good cause to of Painters and Allied Trades of North America the contrary is shown. and Canada, herein called the Union, and duly According to the uncontroverted allegations of served on Union Craft, herein called Respondent, the Motion for Summary Judgment, on May 5, the General Counsel of the National Labor Rela- 1981, after certified mail was returned unclaimed, tions Board, by the Regional Director for Region counsel for the General Counsel personally served 17, issued a complaint on March 30, 1981, against Respondent's president and owner with copies of Respondent, alleging that Respondent had engaged the charge, and the complaint and notice of hear- in and was engaging in unfair labor practices af- ing. The complaint and notice of hearing served on fecting commerce within the meaning of Section Respondent specifically states that, unless an 8(a)(5) and (1), Section 8(d), and Section 2(6) and answer to the complaint is filed by Respondent (7) of the National Labor Relations Act, as amend- within 10 days from the service thereof, "all of the ed. Copies of the charge and the complaint and allegations in the complaint shall be deemed to be notice of hearing before an administrative law admitted to be true and may be so found by the judge were duly served on the parties to this pro- Board." According to the further uncontroverted cee^ing. Resp o ndent failed to file a n a n sw e r to the allegations of the Motion for Summary Judgment, complaint. - ,.-,,, , on May 19, 1981, counsel for the General Counsel On August 7, 1981, counsel for the General mailed a letter to Respondent reiterating the re- Counsel filed directly with the Board a Motion To irement that Respondent filed an answer to the Transfer Proceeding to the Board and for Sum- c a stating that counsel for the General mary Judgment, with exhibits attached, based upon Counsel would consider filing a motion for sum- Respondent's failure to file an answer as required m j if a a wa n f bM by Section 102.20 of the National Labor Relations 2m a r y1 j u d g e n ta f an s a n sw e r w as f n o t . i le d Board Rules and Regulations, Series 8, as amended. Acco under he ruled. On August 12, 1981, the Board issued an order Accordingly, under the rule set forth above, no transferring the proceeding to the Board and a fiood cause having been shown for the failure to Notice To Show Cause why the General Counsel's fpl e ain ^ re m an sw e r d t h e allegations of the cob- Motion for Summary Judgment should not be platnt are deemed admitted and are found to be granted. Respondent has filed no response to the t r u e, and we shall grant the General Counsel.s Notice To Show Cause and, accordingly, the alle- M o t l o n f o r Summary Judgment. gations of the Motion for Summary Judgment On t h e b asis of t h e e n tir e r e c o r d , t h e B o ard stand uncontroverted. m a k e s t h e following: Pursuant to the provisions of Section 3(b) of the FINDINGS OF FACT National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- I. THE BUSINESS OF RESPONDENT thority in this proceeding to a three-member panel. - . . Upon the entire record in this proceedingth m p Respondent i s, and has been at all times material Board makes the following: p h e r ein, a so l e Proprietorship engaged in the instal- lation of carpeting at various facilities including a Ruling on the Motion for Summary Judgment facility located at 14200 Midland Drive, Shawnee Ruling on the Motion for Summary Judgment ^^ ^ epnet ntecus n Mission, Kansas. Respondent, in the course and Section 102.20 of the Board's Rules and Regula- conduct of its business operations within the State tions, Series 8, as amended, provides as follows: of Kansas, annually sells goods and services valued 259 NLRB No. 59 UNION CRAFT 787 Union Craft and Resilient Floor & Decorative Cov- The respondent shall, within 10 days from the ering Workers Local Union No. 1179, Interna- service of the complaint, file an answer there- tional Brotherhood of Painters and Allied to. The Respondent shall specifically admit, Trades of North A m e r ica a n d Canad a . Ca se 17- deny, or explain each of the facts alleged in CA 10198 the complaint, unless the respondent is without December 21, 1981 knowledge, in which case the respondent shall so state, such statement operating as a denial. DECISION AND ORDER All allegations in the complaint, if no answer is filed, or any allegation in the complaint not BY CHAIRMAN VAN DE WATER AND specifically denied or explained in an answer MEMBERS FANNING AND HUNTER filed, unless the respondent shall state in the Upon a charge filed on February 24, 1981, by answer that he is without knowledge, shall be Resilient Floor & Decorative Covering Workers deemed to be admitted to be true and shall be Local Union No. 1179, International Brotherhood so found by the Board, unless good cause to of Painters and Allied Trades of North America the contrary is shown. and Canada, herein called the Union, and duly According to the uncontroverted allegations of served on Union Craft, herein called Respondent, the Motion for Summary Judgment, on May 5, the General Counsel of the National Labor Rela- 1981, after certified mail was returned unclaimed, tions Board, by the Regional Director for Region counsel for the General Counsel personally served 17, issued a complaint on March 30, 1981, against Respondent's president and owner with copies of Respondent, alleging that Respondent had engaged the charge, and the complaint and notice of hear- in and was engaging in unfair labor practices af- ing. The complaint and notice of hearing served on fecting commerce within the meaning of Section Respondent specifically states that, unless an 8(a)(5) and (1), Section 8(d), and Section 2(6) and answer to the complaint is filed by Respondent (7) of the National Labor Relations Act, as amend- within 10 days from the service thereof, "all of the ed. Copies of the charge and the complaint and allegations in the complaint shall be deemed to be notice of hearing before an administrative law admitted to be true and may be so found by the judge were duly served on the parties to this pro- Board." According to the further uncontroverted cee^ing. Resp o ndent failed to file a n a n sw e r to the allegations of the Motion for Summary Judgment, complaint. - ,.-,,, , on May 19, 1981, counsel for the General Counsel On August 7, 1981, counsel for the General mailed a letter to Respondent reiterating the re- Counsel filed directly with the Board a Motion To irement that Respondent filed an answer to the Transfer Proceeding to the Board and for Sum- complaint a stating that counsel for the General mary Judgment, with exhibits attached, based upon Counsel would consider filing a motion for sum- Respondent's failure to file an answer as required m j if a a wa n f bM by Section 102.20 of the National Labor Relations 2m a r y1 j u d g e n ta f an s a n sw e r w as f n o t . i le d Board Rules and Regulations, Series 8, as amended. Acco under he ruled. On August 12, 1981, the Board issued an order Accordingly, under the rule set forth above, no transferring the proceeding to the Board and a fiood cause having been shown for the failure to Notice To Show Cause why the General Counsel's fpl e ain ^ re m an sw e r d t h e allegations of the cob- Motion for Summary Judgment should not be platnt are deemed admitted and are found to be granted. Respondent has filed no response to the t r u e, and we shall grant the General Counsel.s Notice To Show Cause and, accordingly, the alle- M o t l o n f o r Summary Judgment. gations of the Motion for Summary Judgment On t h e b asis of t h e e n tir e r e c o r d , t h e B o ard stand uncontroverted. m a k e s t h e following: Pursuant to the provisions of Section 3(b) of the FINDINGS OF FACT National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- I. THE BUSINESS OF RESPONDENT thority in this proceeding to a three-member panel. - . . Upon the entire record in this proceedingth m p Respondent i s, and has been at all times material Board makes the following: p h e r ein, a so l e Proprietorship engaged in the instal- lation of carpeting at various facilities including a Ruling on the Motion for Summary Judgment facility located at 14200 Midland Drive, Shawnee Ruling on the Motion for Summary Judgment ^^ ^ epnet ntecus n Mission, Kansas. Respondent, in the course and Section 102.20 of the Board's Rules and Regula- conduct of its business operations within the State tions, Series 8, as amended, provides as follows: of Kansas, annually sells goods and services valued 259 NLRB No. 59 788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in excess of $50,000 directly to customers located ing the terms and conditions of employment of the outside the State of Kansas. employees in the unit described in section III, A, We find, on the basis of the foregoing, that Re- above. Pursuant to this agreement, Respondent is spondent is, and has been at all times material required to make payments into the pension fund, herein, an employer engaged in commerce within health and welfare fund, holiday and vacation fund, the meaning of Section 2(6) and (7) of the Act, and apprenticeship fund and advertising fund and to that it will effectuate the policies of the Act to pay for the employees' travel expenses. Since on or assert jurisdiction herein. about August 1, 1980, and continuing to date, Re- spondent has failed and refused and continues to I. THE LABOR ORGANIZATION INVOLVED fail and refuse to make payments into the afore- Resilient Floor & Decorative Covering Workers mentioned funds and has failed and refused to pay Local Union No. 1179, International Brotherhood employees' travel expenses. of Painters and Allied Trades of North America By the aforesaid conduct Respondent has, since and Canada, is a labor organization within the on or about August 1, 1980, and at all times there- meaning of Section 2(5) of the Act. after, refused to bargain collectively with the III. THE UNFAIR LABOR PRACTICES Union as the exclusive representative of the em- ployees in the appropriate unit. By such action, Re- A. The Unit spondent has engaged in and is engaging in unfair The following employees of Respondent consti- labor practices within the meaning of Section tute a unit appropriate for collective-bargaining 8(a)(5) and (1), and Section 8(d) of the Act. purposes within the meaning of Section 9(b) of the Iv. THE EFFECT OF THE UNFAIR LABOR Act: PRACTICES UPON COMMERCE All employees of the Respondent handling the .. . All employees of the Respondent handling the The activities of Respondent set forth in section tools and materials of the trade in doing all toos ad m s of te t e in III, above, occurring in connection with its oper- work which may consist of measuring, cutting . . . . work which may consist of measuring, cutting ations described in section I, above, have a close, and laying old and new carpet, linoleum, and and laying old and new carpet, linoleum, and intimate, and substantial relationship to trade, traf- all types of resilient floor and wall covering material, whether in sheets, rolls, squares or in- end t d c o m m e r e a m o n g th e s e v e ra l b and o terlocked, including plastic, laminated plastic, d to l d t o l r d e r g ad structing commerce and the free flow of com- and metal wall tile, fitting devices for attach- ruc ment of carpet, linoleum, rubber and all other merce. resilient floor and wall coverings, and fitting V. THE REMEDY of metal or plastic caps and corners used in the installation of linoleum and plastic counters, Having found that Respondent has engaged in tables and steps, as well as artificial turf and its and is engaging in unfair labor practices within the derivatives including monolithic covering as meaning of Section 8(a)(5) and (1) of the Act, we well as handling and preparatory work for all shall order that it cease and desist herefrom. We the above-mentioned including underlayment shall also order Respondent to make whole his em- in the area of Kansas City and all areas in Mis- ployees by making payments into the pension fund, souri over which the Union exercises jurisdic- health and welfare fund, holiday and vacation fund, tion and the following counties in Kansas: Wy- apprenticeship fund and advertising fund, as re- andotte, Johnson, Leavenworth, Bourbon, quired by Respondent's collective-bargaining Linn and Miami, and such other area as may agreement with the Union, effective April 2, 1979, be assigned by the International Brotherhood through March 31, 1982.' We shall also order Re- of Painters and Allied Trades. ' Since the provisions of employee benefit fund agreements are variable B. The 8(a)(5) and (1) Violation and complex, the Board does not provide at the adjudicatory stage of proceeding for the addition of interest at a fixed rate on unlawfully with- On or about December 20, 1979, a majority of held fund payments. We leave to the compliance stage the question of whether Respondent must pay any additional amounts into the benefit the employees in the above-described unit designat- funds in order to satisfy our "make-whole" remedy. These additional ed and selected the Union as their representative amounts may be determined, depending upon the circumstances of each for the purpose of collective bargaining within the case by reference to provisions in the documents governing the funds at issue and, where there are no governing provisions, to evidence of any meaning of Section 9(a) of the Act. At all times loss directly attributable to the unlawful withholding action, which might material, Respondent and the Union have been par- include the loss of return on investment of the portion of funds withheld, ties to a collective-bargaining agreement effective additional administrative costs, etc., but not collateral losses. Fitzpatrick ties to a collective-bargaining agreement effective Electric. Inc., 242 NLRB 739 (1979); Merryweather Optical Company, 240 from April 2, 1979, through March 31, 1982, cover- NLRB 1213, 1216, fn. 7 (1979). 788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in excess of $50,000 directly to customers located ing the terms and conditions of employment of the outside the State of Kansas. employees in the unit described in section III, A, We find, on the basis of the foregoing, that Re- above. Pursuant to this agreement, Respondent is spondent is, and has been at all times material required to make payments into the pension fund, herein, an employer engaged in commerce within health and welfare fund, holiday and vacation fund, the meaning of Section 2(6) and (7) of the Act, and apprenticeship fund and advertising fund and to that it will effectuate the policies of the Act to pay for the employees' travel expenses. Since on or assert jurisdiction herein. about August 1, 1980, and continuing to date, Re- 1I. THE LABOR ORGANIZATION INVOLVED spon de nt h as fa il e d a nd r ef use d a nd c o nti n ues to fail and refuse to make payments into the afore- Resilient Floor & Decorative Covering Workers mentioned funds and has failed and refused to pay Local Union No. 1179, International Brotherhood employees' travel expenses. of Painters and Allied Trades of North America By the aforesaid conduct Respondent has, since and Canada, is a labor organization within the on or about August 1, 1980, and at all times there- meaning of Section 2(5) of the Act. after, refused to bargain collectively with the Ill. THE UNFAIR LABOR PRACTICES Un io n a s t h e exclusive representative of the em- ployees in the appropriate unit. By such action, Re- A. The Unit spondent has engaged in and is engaging in unfair The following employees of Respondent consti- la b o r p r a c tic es w i t h in the meaning o f S ec t io n tute a unit appropriate for collective-bargaining 8(a)(5) and (1), and Section 8(d) of the Act. purposes within the meaning of Section 9(b) of the IV. THE EFFECT OF THE UNFAIR LABOR A c t: PRACTICES UPON COMMERCE All employees of the Respondent handling the The activities of Respondent set forth in section tools and materials of the trade in doing all , a o in cnt w s , .. , . . c- * -* " 1.III above, occurring in connection with its oper- work which may consist of measuring, cutting . ... . ,. ." workwhih ma cosistof easuing cuting ations described in section 1, above, have a close, and laying old and new carpet, linoleum, and alesdsrbdi eto bvhv ls andllatyin old resiliend neoor carp, walnole and n tim at e, an d substantial relationship to trade, traf- all types of resilient floor and wall covering fc n omreaogtesvrlSae n material, whether in sheets, rolls, squares or in- n d tl a dt o ab or t e b e ning a n d terlocked, including plastic, laminated plastic, te nd to le ad t o la bo r disputes burdening and ob- terocedinludngplati, lmiate pastc, structing commerce and the free flow of com- and metal wall tile, fitting devices for attach- sm r c ee ment of carpet, linoleum, rubber and all othermerce. resilient floor and wall coverings, and fitting V. THE REMEDY of metal or plastic caps and corners used in the installation of linoleum and plastic counters, Having found that Respondent has engaged in tables and steps, as well as artificial turf and its and is engaging in unfair labor practices within the derivatives including monolithic covering as meaning of Section 8(a)(5) and (1) of the Act, we well as handling and preparatory work for all sh all order that it cease and desist herefrom. We the above-mentioned including underlayment shall also order Respondent to make whole his em- in the area of Kansas City and all areas in Mis- ployees by making payments into the pension fund, souri over which the Union exercises jurisdic- health and welfare fund, holiday and vacation fund, tion and the following counties in Kansas: Wy- apprenticeship fund and advertising fund, as re- andotte, Johnson, Leavenworth, Bourbon, quired by Respondent's collective-bargaining Linn and Miami, and such other area as may agreement with the Union, effective April 2, 1979, be assigned by the International Brotherhood through March 31, 1982.' We shall also order Re- of Painters and Allied Trades. I Since the provisions of employee benefit fund agreements are variable B. The 8(a)(5) and (1) Violation a nd complex, th e Bo ar d does not provide at the adjudicatory stage of proceeding for the addition of interest at a Fixed rate on unlawfully with- On or about December 20, 1979, a majority of held fund payments. We leave to the compliance stage the question of whether Respondent must pay any additional amounts into the benefit the employees in the above-described Unit designat- funds in order to satisfy our "make-whole" remedy. These additional ed and Selected the Union as their representative amounts may be determined, depending upon the circumstances of each for the purpose Of Collective bargaining Within the ca se , by re ference to Provisions in the documents governing the funds at iss ue a nd , where there are no governing provisions, to evidence of any meaning Of Section 9(a) Of the Act. At all times loss directly attributable to the unlawful withholding action, which might material, Respondent and the Union have been par- include the loss of return on investment of the portion of funds withheld, .. . 11 .. . *o * _ollective-bargaining ,greement er additional administrative costs, etc., but not collateral losses. Fitpatrick ties to a collective-bargaining agreement effective Electric. Inc., 242 NLRB 739 (1979); Merryweather optical Company, 240 from April 2, 1979, through March 31, 1982, cover- NLRB 1213, 1216, fnr 7 (1979). 788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in excess of $50,000 directly to customers located ing the terms and conditions of employment of the outside the State of Kansas. employees in the unit described in section III, A, We find, on the basis of the foregoing, that Re- above. Pursuant to this agreement, Respondent is spondent is, and has been at all times material required to make payments into the pension fund, herein, an employer engaged in commerce within health and welfare fund, holiday and vacation fund, the meaning of Section 2(6) and (7) of the Act, and apprenticeship fund and advertising fund and to that it will effectuate the policies of the Act to pay for the employees' travel expenses. Since on or assert jurisdiction herein. about August 1, 1980, and continuing to date, Re- 1I. THE LABOR ORGANIZATION INVOLVED spondent h as fa il e d a nd r ef use d a nd c o nti n ues to fail and refuse to make payments into the afore- Resilient Floor & Decorative Covering Workers mentioned funds and has failed and refused to pay Local Union No. 1179, International Brotherhood employees' travel expenses. of Painters and Allied Trades of North America By the aforesaid conduct Respondent has, since and Canada, is a labor organization within the on or about August 1, 1980, and at all times there- meaning of Section 2(5) of the Act. after, refused to bargain collectively with the Ill. THE UNFAIR LABOR PRACTICES Un io n a s t h e exclusive representative of the em- ployees in the appropriate unit. By such action, Re- A. The Unit spondent has engaged in and is engaging in unfair The following employees of Respondent consti- la b o r p r a c tic es w i t h in the meaning o f S ec t io n tute a unit appropriate for collective-bargaining 8(a)(5) and (1), and Section 8(d) of the Act. purposes within the meaning of Section 9(b) of the IV. THE EFFECT OF THE UNFAIR LABOR A c t: PRACTICES UPON COMMERCE All employees of the Respondent handling the The activities of Respondent set forth in section tools and materials of the trade in doing all , a o in cnt w s , .. , . . c- * -* " 1.III above, occurring in connection with its oper- work which may consist of measuring, cutting . ... . ,. ." workwhih ma cosistof easuing cuting ations described in section 1, above, have a close, and laying old and new carpet, linoleum, and alesdsrbdi eto bvhv ls andllatyin old resiliend neoor carp, walnole and n tim at e, an d substantial relationship to trade, traf- all types of resilient floor and wall covering fc n omreaogtesvrlSae n material, whether in sheets, rolls, squares or in- tdoe t o ab or t e b e ning a n d terlocked, including plastic, laminated plastic, te nd to le ad t o la bo r disputes burdening and ob- terocedinludngplati, lmiate pastc, structing commerce and the free flow of com- and metal wall tile, fitting devices for attach- m r c ee ment of carpet, linoleum, rubber and all othermerce. resilient floor and wall coverings, and fitting V. THE REMEDY of metal or plastic caps and corners used in the installation of linoleum and plastic counters, Having found that Respondent has engaged in tables and steps, as well as artificial turf and its and is engaging in unfair labor practices within the derivatives including monolithic covering as meaning of Section 8(a)(5) and (1) of the Act, we well as handling and preparatory work for all shall order that it cease and desist herefrom. We the above-mentioned including underlayment shall also order Respondent to make whole his em- in the area of Kansas City and all areas in Mis- ployees by making payments into the pension fund, souri over which the Union exercises jurisdic- health and welfare fund, holiday and vacation fund, tion and the following counties in Kansas: Wy- apprenticeship fund and advertising fund, as re- andotte, Johnson, Leavenworth, Bourbon, quired by Respondent's collective-bargaining Linn and Miami, and such other area as may agreement with the Union, effective April 2, 1979, be assigned by the International Brotherhood through March 31, 1982.' We shall also order Re- of Painters and Allied Trades. I Since the provisions of employee benefit fund agreements are variable B. The 8(a)(5) and (1) Violation a nd complex, th e Bo ar d does not provide at the adjudicatory stage of proceeding for the addition of interest at a Fixed rate on unlawfully with- On or about December 20, 1979, a majority of held fund payments. We leave to the compliance stage the question of whether Respondent must pay any additional amounts into the benefit the employees in the above-described Unit designat- funds in order to satisfy our "make-whole" remedy. These additional ed and Selected the Union as their representative amounts may be determined, depending upon the circumstances of each for the purpose Of Collective bargaining Within the ca se , by re ference to Provisions in the documents governing the funds at iss ue a nd , where there are no governing provisions, to evidence of any meaning Of Section 9(a) Of the Act. At all times loss directly attributable to the unlawful withholding action, which might material, Respondent and the Union have been par- include the loss of return on investment of the portion of funds withheld, .. . 11 .. . *o * _ollective-bargaining ,greement er additional administrative costs, etc., but not collateral losses. Fitpatrick ties to a collective-bargaining agreement effective Electric. Inc., 242 NLRB 739 (1979); Merryweather optical Company, 240 from April 2, 1979, through March 31, 1982, cover- NLRB 1213, 1216, fnr 7 (1979). 788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in excess of $50,000 directly to customers located ing the terms and conditions of employment of the outside the State of Kansas. employees in the unit described in section III, A, We find, on the basis of the foregoing, that Re- above. Pursuant to this agreement, Respondent is spondent is, and has been at all times material required to make payments into the pension fund, herein, an employer engaged in commerce within health and welfare fund, holiday and vacation fund, the meaning of Section 2(6) and (7) of the Act, and apprenticeship fund and advertising fund and to that it will effectuate the policies of the Act to pay for the employees' travel expenses. Since on or assert jurisdiction herein. about August 1, 1980, and continuing to date, Re- 1I. THE LABOR ORGANIZATION INVOLVED spondent h as fa il e d a nd r ef use d a nd c o nti n ues to fail and refuse to make payments into the afore- Resilient Floor & Decorative Covering Workers mentioned funds and has failed and refused to pay Local Union No. 1179, International Brotherhood employees' travel expenses. of Painters and Allied Trades of North America By the aforesaid conduct Respondent has, since and Canada, is a labor organization within the on or about August 1, 1980, and at all times there- meaning of Section 2(5) of the Act. after, refused to bargain collectively with the Ill. THE UNFAIR LABOR PRACTICES Un io n a s t h e exclusive representative of the em- ployees in the appropriate unit. By such action, Re- A. The Unit spondent has engaged in and is engaging in unfair The following employees of Respondent consti- la b o r p r a c tic es w i t h in t h e me a n i n g o f S ec t io n tute a unit appropriate for collective-bargaining 8(a)(5) and (1), and Section 8(d) of the Act. purposes within the meaning of Section 9(b) of the IV. THE EFFECT OF THE UNFAIR LABOR A c t: PRACTICES UPON COMMERCE All employees of the Respondent handling the The activities of Respondent set forth in section tools and materials of the trade in doing all , a o in cnt w s , ... . . c- * -* " 1.III above, occurring in connection with its oper- work which may consist of measuring, cutting . ... . ,. ." workwhih ma cosistof easuing cuting ations described in section 1, above, have a close, and laying old and new carpet, linoleum, and atosdsrbdi eto bvhv ls andllatyin old resiliend neoor carp, walnole and n tim at e, an d substantial relationship to trade, traf- all types of resilient floor and wall covering fc n omreaogtesvrlSae n material, whether in sheets, rolls, squares or in- e t ad labo r dst b e a ob- terlocked, including plastic, laminated plastic, te nd to le ad t o la bo r disputes burdening and ob- terocedinludngplati, lmiate pastc, structing commerce and the free flow of com- and metal wall tile, fitting devices for attach- m r c ee ment of carpet, linoleum, rubber and all othermerce. resilient floor and wall coverings, and fitting V. THE REMEDY of metal or plastic caps and corners used in the installation of linoleum and plastic counters, Having found that Respondent has engaged in tables and steps, as well as artificial turf and its and is engaging in unfair labor practices within the derivatives including monolithic covering as meaning of Section 8(a)(5) and (1) of the Act, we well as handling and preparatory work for all shall order that it cease and desist herefrom. We the above-mentioned including underlayment shall also order Respondent to make whole his em- in the area of Kansas City and all areas in Mis- ployees by making payments into the pension fund, souri over which the Union exercises jurisdic- health and welfare fund, holiday and vacation fund, tion and the following counties in Kansas: Wy- apprenticeship fund and advertising fund, as re- andotte, Johnson, Leavenworth, Bourbon, quired by Respondent's collective-bargaining Linn and Miami, and such other area as may agreement with the Union, effective April 2, 1979, be assigned by the International Brotherhood through March 31, 1982.' We shall also order Re- of Painters and Allied Trades. I Since the provisions of employee benefit fund agreements are variable B. The 8(a)(5) and (1) Violation a nd complex, th e Bo ar d does not provide at the adjudicatory stage of proceeding for the addition of interest at a Fixed rate on unlawfully with- On or about December 20, 1979, a majority of held fund payments. We leave to the compliance stage the question of whether Respondent must pay any additional amounts into the benefit the employees in the above-described Unit designat- funds in order to satisfy our "make-whole" remedy. These additional ed and Selected the Union as their representative amounts may be determined, depending upon the circumstances of each for the purpose Of Collective bargaining Within the ca se , by re ference to Provisions in the documents governing the funds at iss ue a nd , where there are no governing provisions, to evidence of any meaning Of Section 9(a) Of the Act. At all times loss directly attributable to the unlawful withholding action, which might material, Respondent and the Union have been par- include the loss of return on investment of the portion of funds withheld, .. . 11 .. . *o * _ollective-bargaining ,greement er additional administrative costs, etc., but not collateral losses. Fitpatrick ties to a collective-bargaining agreement effective Electric. Inc., 242 NLRB 739 (1979); Merryweather optical Company, 240 from April 2, 1979, through March 31, 1982, cover- NLRB 1213, 1216, fnr 7 (1979). UNION CRAFT 789 spondent to make whole his employees by paying agreement with the Union, effective April 2, 1979, for their travel expenses, if any, as required by the through March 31, 1982, Respondent has engaged aforementioned collective-bargaining agreement in and is engaging in unfair labor practices within that Respondent has with the Union, with interest the meaning of Section 8(a)(5) and Section 8(d) of thereon to be computed in the manner prescribed the Act. in Florida Steel Corporation, 231 NLRB 651 (1977). 6. By the aforesaid refusal to make payments into (See, generally, Isis Plumbing & Heating Co., 138 the funds and by the aforesaid refusal to pay travel NLRB 716 (1962).) We shall further order Re- expenses, Respondent as interfered with, restrained, spondent to post the attached notice. and coerced, and is interfering with, restraining, The Board, upon the basis of the foregoing facts and coercing, employees in the exercise of the and the entire record, makes the following: rights guaranteed them in Section 7 of the Act, and CONCLUSIONS OF LAW thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 1. Union Craft is an employer engaged in corn- 8(a)(l) of the Act. merce within the meaning of Section 2(6) and (7) 7. The aforesaid unfair labor practices are unfair of the Act. labor practices affecting commerce within the 2. Resilient Floor & Decorative Covering Work- meaning of Section 2(6) and (7) of the Act. ers Local Union No. 1179, International Brother- hood of Painters and Allied Trades of North ORDER America and Canada, is a labor organization within Pursuant to Section 10(c) of the National Labor the meaning of Section 2(5) of the Act. Relations Act, as amended, the National Labor Re- 3. All employees of the Respondent handling the lations Board hereby orders that the Respondent, tools and materials of the trade in doing all work Union Craft, Shawnee Mission, Kansas, his agents, which may consist of measuring, cutting and laying successors, and assigns, shall: old and new carpet, linoleum, and all types of resil- 1 Cease and desist from: lent floor and wall covering material, whether in . e sheets, rolls, squares or interlocked, including plas- (a)Refusing bargai collectively with Resil tic, laminated plastic, and metal wall tile, fitting de- lent Floor & Decoratve Covering Workers Local vices for attachment of carpet, linoleum, rubber nion No 1179, Internationa Brotherhood o and all other resilient floor and wall coverings, and a lnters and Allled Trades of North Amerca and fitting of metal or plastic caps and corners used in Canada, by refusing to make payments into the the installation of linoleum and plastic ounters, pension fund health and welfare fund holiday and tables and steps, as well as artificial turf and its de- vacation fund, apprenticeship fund and advertising rivatives including monolithic covering as well as fund and to pay for the employees' travel expenses, handling and preparatory work for all the above- as required by the collective-bargaining agreement mentioned including underlayment in the area of between Respondnet andthe Union effectve April Kansas City and all areas in Missouri over which 2, 1979, through March 31 1982 the Union exercises jurisdiction and the following (b) In any like or related manner interfering counties in Kansas: Wyandotte, Johnson, Leaven- with, restraining, or coercing employees in the ex- worth, Bourbon, Linn and Miami, and such other ercise of the rights guaranteed them in Section 7 of area as may be assigned by the International Broth- the Act. erhood of Painters and Allied Trades, constitute a 2. Take the following affirmative action which unit appropriate for the purposes of collective bar- the Board finds will effectuate the policies of the gaining within the meaning of Section 9(b) of the Act: Act. (a) Make payments into the pension fund, health 4. At all times herein, the above-named labor or- and welfare fund, holiday and vacation fund, ap- ganization has been and now is the exclusive repre- prenticeship fund and advertising fund, as required sentative of all employees in the aforesaid appropri- by Respondent's collective-bargaining agreement ate unit for the purpose of collective bargaining with the Union, effective April 2, 1979, through within the meaning of Section 9(a) of the Act. March 31, 1982. 5. By refusing on or about August 1, 1980, and at (b) Pay for the employees' travel expenses, if all times thereafter, to make payments into the pen- any, as required by Respondent's collective-bar- sion fund, health and welfare fund, holiday and va- gaining agreement with the Union, effective April cation fund, apprenticeship fund and advertising 2, 1979, through March 31, 1982, with interest fund and to pay for the employees' travel expenses, thereon, as set forth in the section of this Decision as required by Respondent's collective-bargaining entitled "The Remedy." UNION CRAFT 789 spondent to make whole his employees by paying agreement with the Union, effective April 2, 1979, for their travel expenses, if any, as required by the through March 31, 1982, Respondent has engaged aforementioned collective-bargaining agreement in and is engaging in unfair labor practices within that Respondent has with the Union, with interest the meaning of Section 8(a)(5) and Section 8(d) of thereon to be computed in the manner prescribed the Act. in Florida Steel Corporation, 231 NLRB 651 (1977). 6. By the aforesaid refusal to make payments into (See, generally, Isis Plumbing 6 Heating Co., 138 the funds and by the aforesaid refusal to pay travel NLRB 716 (1962).) We shall further order Re- expenses, Respondent as interfered with, restrained, spondent to post the attached notice. and coerced, and is interfering with, restraining, The Board, upon the basis of the foregoing facts and coercing, employees in the exercise of the and the entire record, makes the following: rights guaranteed them in Section 7 of the Act, and CONCLUSIONS OF LAW thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 1. Union Craft is an employer engaged in com- 8(a)(l) of the Act. merce within the meaning of Section 2(6) and (7) 7. The aforesaid unfair labor practices are unfair of the Act. labor practices affecting commerce within the 2. Resilient Floor & Decorative Covering Work- meaning of Section 2(6) and (7) of the Act. ers Local Union No. 1179, International Brother- hood of Painters and Allied Trades of North ORDER America and Canada, is a labor organization within Pursuant to Section 10(c) of the National Labor the meaning of Section 2(5) of the Act. Relations Act, as amended, the National Labor Re- 3. All employees of the Respondent handling the lations Board hereby orders that the Respondent, tools and materials of the trade in doing all work Union Craft, Shawnee Mission, Kansas, his agents, which may consist of measuring, cutting and laying successors, and assigns, shall: old and new carpet, linoleum, and all types of resil- 1. Cease and desist from: lent floor and wall covering material, whether in ( R s t b c w Resil- sheets, rolls, squares or interlocked, including plas- i & Decorative Cvrn W e sLoa tic, laminated plastic, and metal wall tile, fitting de- U le n t F l o o r & D e c o ra t v e Covering Workers Local vices for attachment of carpet, linoleum, rubber P n ts n Ale T r ads of N r t h e r ica aod and all other resilient floor and wall coverings, and Ca nada, by r ef m a k e p a m e n ts i n t fitting of metal or plastic caps and corners used in pCanada, by refusing to make payments into the the installation of linoleum and plastic ounters, vpension fund health and welfare funda holiday and tables and steps, as well as artificial turf and its de- v a c a t l o n f u n d a pyfrenticeship fund and advertising rivatives including monolithic covering as well as f u n d an d t o b y o r t h e employees- travel expenses, handling and preparatory work for all the above- as r e tw u e e dR n t h e collective-bargaining agreement mentioned including underlayment in the area of b e t w e e n 2p^ a n d 1 t h e U n t o n g e f fe c t M v e A p 31 l Kansas City and all areas in Missouri over which 2, 19 7 9, ^"S" M a rc h 3 1, 19 8 2. the Union exercises jurisdiction and the following (b ) I n a n y li k e o r related manner interfering counties in Kansas: Wyandotte, Johnson, Leaven- w i t h , restraining, or coercing employees in the ex- worth, Bourbon, Linn and Miami, and such other ercise of the rights guaranteed them in Section 7 of area as may be assigned by the International Broth- th e Act. erhood of Painters and Allied Trades, constitute a 2. Take the following affirmative action which unit appropriate for the purposes of collective bar- the Board finds will effectuate the policies of the gaining within the meaning of Section 9(b) of the Act: Act. (a ) Make payments into the pension fund, health 4. At all times herein, the above-named labor or- and welfare fund, holiday and vacation fund, ap- ganization has been and now is the exclusive repre- prenticeship fund and advertising fund, as required sentative of all employees in the aforesaid appropri- by Respondent's collective-bargaining agreement ate unit for the purpose of collective bargaining with the Union, effective April 2, 1979, through within the meaning of Section 9(a) of the Act. March 31, 1982. 5. By refusing on or about August 1, 1980, and at (b) Pay for the employees' travel expenses, if all times thereafter, to make payments into the pen- any, as required by Respondent's collective-bar- sion fund, health and welfare fund, holiday and va- gaining agreement with the Union, effective April cation fund, apprenticeship fund and advertising 2, 1979, through March 31, 1982, with interest fund and to pay for the employees' travel expenses, thereon, as set forth in the section of this Decision as required by Respondent's collective-bargaining entitled "The Remedy." UNION CRAFT 789 spondent to make whole his employees by paying agreement with the Union, effective April 2, 1979, for their travel expenses, if any, as required by the through March 31, 1982, Respondent has engaged aforementioned collective-bargaining agreement in and is engaging in unfair labor practices within that Respondent has with the Union, with interest the meaning of Section 8(a)(5) and Section 8(d) of thereon to be computed in the manner prescribed the Act. in Florida Steel Corporation, 231 NLRB 651 (1977). 6. By the aforesaid refusal to make payments into (See, generally, Isis Plumbing 6 Heating Co., 138 the funds and by the aforesaid refusal to pay travel NLRB 716 (1962).) We shall further order Re- expenses, Respondent as interfered with, restrained, spondent to post the attached notice. and coerced, and is interfering with, restraining, The Board, upon the basis of the foregoing facts and coercing, employees in the exercise of the and the entire record, makes the following: rights guaranteed them in Section 7 of the Act, and CONCLUSIONS OF LAW thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 1. Union Craft is an employer engaged in com- 8(a)(l) of the Act. merce within the meaning of Section 2(6) and (7) 7. The aforesaid unfair labor practices are unfair of the Act. labor practices affecting commerce within the 2. Resilient Floor & Decorative Covering Work- meaning of Section 2(6) and (7) of the Act. ers Local Union No. 1179, International Brother- hood of Painters and Allied Trades of North ORDER America and Canada, is a labor organization within Pursuant to Section 10(c) of the National Labor the meaning of Section 2(5) of the Act. Relations Act, as amended, the National Labor Re- 3. All employees of the Respondent handling the lations Board hereby orders that the Respondent, tools and materials of the trade in doing all work Union Craft, Shawnee Mission, Kansas, his agents, which may consist of measuring, cutting and laying successors, and assigns, shall: old and new carpet, linoleum, and all types of resil- 1. Cease and desist from: lent floor and wall covering material, whether in ( R s t b c w Resil- sheets, rolls, squares or interlocked, including plas- i & Decorative Cvrn W e sLoa tic, laminated plastic, and metal wall tile, fitting de- U le n t F l o o r & D e c o r a t v e Covering Workers Local vices for attachment of carpet, linoleum, rubber P n ts n Ale T r ads of N r t h e r ica aod and all other resilient floor and wall coverings, and Ca nada, by r ef m a k e p a m e n ts i n t fitting of metal or plastic caps and corners used in pCanada, by refusing to make payments into the the installation of linoleum and plastic ounters, vpension fund health and welfare funda holiday and tables and steps, as well as artificial turf and its de- v a c a t l o n f u n d a pyfrenticeship fund and advertising rivatives including monolithic covering as well as f u n d an d t o b y o r t h e employees- travel expenses, handling and preparatory work for all the above- bas r e so u d ed b y t h e collective-bargaining agreement mentioned including underlayment in the area of b e t w e e n 2p^ a n d 1 t h e U n t o n g e f fe c t M v e A p318 Kansas City and all areas in Missouri over which 2, 19 7 9, ^"S" M a rc h 3 1, 19 8 2. the Union exercises jurisdiction and the following (b ) I n a n y li k e o r related manner interfering counties in Kansas: Wyandotte, Johnson, Leaven- w i t h , restraining, or coercing employees in the ex- worth, Bourbon, Linn and Miami, and such other ercise of the rights guaranteed them in Section 7 of area as may be assigned by the International Broth- th e Act. erhood of Painters and Allied Trades, constitute a 2. Take the following affirmative action which unit appropriate for the purposes of collective bar- the Board finds will effectuate the policies of the gaining within the meaning of Section 9(b) of the Act: Act. (a ) Make payments into the pension fund, health 4. At all times herein, the above-named labor or- and welfare fund, holiday and vacation fund, ap- ganization has been and now is the exclusive repre- prenticeship fund and advertising fund, as required sentative of all employees in the aforesaid appropri- by Respondent's collective-bargaining agreement ate unit for the purpose of collective bargaining with the Union, effective April 2, 1979, through within the meaning of Section 9(a) of the Act. March 31, 1982. 5. By refusing on or about August 1, 1980, and at (b) Pay for the employees' travel expenses, if all times thereafter, to make payments into the pen- any, as required by Respondent's collective-bar- sion fund, health and welfare fund, holiday and va- gaining agreement with the Union, effective April cation fund, apprenticeship fund and advertising 2, 1979, through March 31, 1982, with interest fund and to pay for the employees' travel expenses, thereon, as set forth in the section of this Decision as required by Respondent's collective-bargaining entitled "The Remedy." UNION CRAFT 789 spondent to make whole his employees by paying agreement with the Union, effective April 2, 1979, for their travel expenses, if any, as required by the through March 31, 1982, Respondent has engaged aforementioned collective-bargaining agreement in and is engaging in unfair labor practices within that Respondent has with the Union, with interest the meaning of Section 8(a)(5) and Section 8(d) of thereon to be computed in the manner prescribed the Act. in Florida Steel Corporation, 231 NLRB 651 (1977). 6. By the aforesaid refusal to make payments into (See, generally, Isis Plumbing 6 Heating Co., 138 the funds and by the aforesaid refusal to pay travel NLRB 716 (1962).) We shall further order Re- expenses, Respondent as interfered with, restrained, spondent to post the attached notice. and coerced, and is interfering with, restraining, The Board, upon the basis of the foregoing facts and coercing, employees in the exercise of the and the entire record, makes the following: rights guaranteed them in Section 7 of the Act, and CONCLUSIONS OF LAW thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 1. Union Craft is an employer engaged in com- 8(a)(l) of the Act. merce within the meaning of Section 2(6) and (7) 7. The aforesaid unfair labor practices are unfair of the Act. labor practices affecting commerce within the 2. Resilient Floor & Decorative Covering Work- meaning of Section 2(6) and (7) of the Act. ers Local Union No. 1179, International Brother- hood of Painters and Allied Trades of North ORDER America and Canada, is a labor organization within Pursuant to Section 10(c) of the National Labor the meaning of Section 2(5) of the Act. Relations Act, as amended, the National Labor Re- 3. All employees of the Respondent handling the lations Board hereby orders that the Respondent, tools and materials of the trade in doing all work Union Craft, Shawnee Mission, Kansas, his agents, which may consist of measuring, cutting and laying successors, and assigns, shall: old and new carpet, linoleum, and all types of resil- 1. Cease and desist from: lent floor and wall covering material, whether in ( R s t b c w Resil- sheets, rolls, squares or interlocked, including plas- i & Decorative Cvrn W e sLoa tic, laminated plastic, and metal wall tile, fitting de- U le n t F l o o r & D e c o r a t v e Covering Workers Local vices for attachment of carpet, linoleum, rubber P n ts n Ale T r ades of and all other resilient floor and wall coverings, and Ca nada, by r ef m a k e p a m e n ts i n t fitting of metal or plastic caps and corners used in pCanada, by refusing to make payments into the the installation of linoleum and plastic ounters, vpension fund health and welfare funda holiday and tables and steps, as well as artificial turf and its de- v a c a t l o n f u n d a pyfrenticeship fund and advertising rivatives including monolithic covering as well as f u n d an d t o b y o r t h e employees- travel expenses, handling and preparatory work for all the above- bas r e so u d ed b y t h e collective-bargaining agreement mentioned including underlayment in the area of b e t w e e n 2,p " a n d 1 t h e U n t o n g e f fe c t M v e A p318 Kansas City and all areas in Missouri over which 2, 19 7 9, ^"S" M a rc h 3 1, 19 8 2. the Union exercises jurisdiction and the following (b ) I n a n y li k e o r related manner interfering counties in Kansas: Wyandotte, Johnson, Leaven- w i t h , restraining, or coercing employees in the ex- worth, Bourbon, Linn and Miami, and such other ercise of the rights guaranteed them in Section 7 of area as may be assigned by the International Broth- th e Act. erhood of Painters and Allied Trades, constitute a 2. Take the following affirmative action which unit appropriate for the purposes of collective bar- the Board finds will effectuate the policies of the gaining within the meaning of Section 9(b) of the Act: Act. (a ) Make payments into the pension fund, health 4. At all times herein, the above-named labor or- and welfare fund, holiday and vacation fund, ap- ganization has been and now is the exclusive repre- prenticeship fund and advertising fund, as required sentative of all employees in the aforesaid appropri- by Respondent's collective-bargaining agreement ate unit for the purpose of collective bargaining with the Union, effective April 2, 1979, through within the meaning of Section 9(a) of the Act. March 31, 1982. 5. By refusing on or about August 1, 1980, and at (b) Pay for the employees' travel expenses, if all times thereafter, to make payments into the pen- any, as required by Respondent's collective-bar- sion fund, health and welfare fund, holiday and va- gaining agreement with the Union, effective April cation fund, apprenticeship fund and advertising 2, 1979, through March 31, 1982, with interest fund and to pay for the employees' travel expenses, thereon, as set forth in the section of this Decision as required by Respondent's collective-bargaining entitled "The Remedy." UNION CRAFT 789 spondent to make whole his employees by paying agreement with the Union, effective April 2, 1979, for their travel expenses, if any, as required by the through March 31, 1982, Respondent has engaged aforementioned collective-bargaining agreement in and is engaging in unfair labor practices within that Respondent has with the Union, with interest the meaning of Section 8(a)(5) and Section 8(d) of thereon to be computed in the manner prescribed the Act. in Florida Steel Corporation, 231 NLRB 651 (1977). 6. By the aforesaid refusal to make payments into (See, generally, Isis Plumbing 6 Heating Co., 138 the funds and by the aforesaid refusal to pay travel NLRB 716 (1962).) We shall further order Re- expenses, Respondent as interfered with, restrained, spondent to post the attached notice. and coerced, and is interfering with, restraining, The Board, upon the basis of the foregoing facts and coercing, employees in the exercise of the and the entire record, makes the following: rights guaranteed them in Section 7 of the Act, and CONCLUSIONS OF LAW thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 1. Union Craft is an employer engaged in com- 8(a)(l) of the Act. merce within the meaning of Section 2(6) and (7) 7. The aforesaid unfair labor practices are unfair of the Act. labor practices affecting commerce within the 2. Resilient Floor & Decorative Covering Work- meaning of Section 2(6) and (7) of the Act. ers Local Union No. 1179, International Brother- hood of Painters and Allied Trades of North ORDER America and Canada, is a labor organization within Pursuant to Section 10(c) of the National Labor the meaning of Section 2(5) of the Act. Relations Act, as amended, the National Labor Re- 3. All employees of the Respondent handling the lations Board hereby orders that the Respondent, tools and materials of the trade in doing all work Union Craft, Shawnee Mission, Kansas, his agents, which may consist of measuring, cutting and laying successors, and assigns, shall: old and new carpet, linoleum, and all types of resil- 1. Cease and desist from: lent floor and wall covering material, whether in ( R s t b c w Resil- sheets, rolls, squares or interlocked, including plas- i & Decorative Cvrn W e sLoa tic, laminated plastic, and metal wall tile, fitting de- U le n t F l o o r & D e c o r a t v e Covering Workers Local vices for attachment of carpet, linoleum, rubber P n ts n Ale T r ades of and all other resilient floor and wall coverings, and Ca nada, by r ef m a k e p a m e n ts i n t fitting of metal or plastic caps and corners used in pCanada, by refusing to make payments into the the installation of linoleum and plastic ounters, vpension fund health and welfare funda holiday and tables and steps, as well as artificial turf and its de- v a c a t l o n f u n d a pyfrenticeship fund and advertising rivatives including monolithic covering as well as f u n d an d t o b y o r t h e employees- travel expenses, handling and preparatory work for all the above- bas r e so u d ed b y t h e collective-bargaining agreement mentioned including underlayment in the area of b e t w e e n 2,poP 0 " a n d t h e r U n o o n e f fe c t M v e A p31 Kansas City and all areas in Missouri over which 2, 19 7 9, ^"S" M a rc h 3 1, 19 8 2. the Union exercises jurisdiction and the following (b ) I n a n y li k e o r related manner interfering counties in Kansas: Wyandotte, Johnson, Leaven- w i t h , restraining, or coercing employees in the ex- worth, Bourbon, Linn and Miami, and such other ercise of the rights guaranteed them in Section 7 of area as may be assigned by the International Broth- th e Act. erhood of Painters and Allied Trades, constitute a 2. Take the following affirmative action which unit appropriate for the purposes of collective bar- the Board finds will effectuate the policies of the gaining within the meaning of Section 9(b) of the Act: Act. (a ) Make payments into the pension fund, health 4. At all times herein, the above-named labor or- and welfare fund, holiday and vacation fund, ap- ganization has been and now is the exclusive repre- prenticeship fund and advertising fund, as required sentative of all employees in the aforesaid appropri- by Respondent's collective-bargaining agreement ate unit for the purpose of collective bargaining with the Union, effective April 2, 1979, through within the meaning of Section 9(a) of the Act. March 31, 1982. 5. By refusing on or about August 1, 1980, and at (b) Pay for the employees' travel expenses, if all times thereafter, to make payments into the pen- any, as required by Respondent's collective-bar- sion fund, health and welfare fund, holiday and va- gaining agreement with the Union, effective April cation fund, apprenticeship fund and advertising 2, 1979, through March 31, 1982, with interest fund and to pay for the employees' travel expenses, thereon, as set forth in the section of this Decision as required by Respondent's collective-bargaining entitled "The Remedy." 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Post at its place of business at 14200 Midland Brotherhood of Painters and Allied Trades of Drive, Shawnee Mission, Kansas, copies of the at- North America and Canada, by refusing to tached notice marked "Appendix." 2 Copies of said make payments into the pension fund, health notice, on forms provided by the Regional Direc- and welfare fund, holiday and vacation fund, tor for Region 17, after being duly signed by Re- apprenticeship fund, and advertising fund and spondent's representative, shall be posted by Re- to pay for the employees' travel expenses, as spondent immediately upon receipt thereof, and be required by the collective-bargaining agree- maintained by it for 60 consecutive days thereafter, ment that I have with the Union, effective in conspicuous places, including all places where April 2, 1979, through March 31, 1982. notices to employees are customarily posted. Rea- I WILL NOT in any like or related manner in- sonable steps shall be taken by Respondent to terfere with, restrain, or coerce our employees insure that said notices are not altered, defaced, or in the exercise of the rights guaranteed them covered by any other material, by Section 7 of the Act. (d) Notify the Regional Director for Region 17, WILL make payments into the pension in writing, within 20 days from the date of this fund, health and welfare fund, holiday and va- Order, what steps have been taken to comply here- cation fund, apprenticeship fund, and advertis- ..Lh. cation fund, apprenticeship fund, and advertis- '___~~~~with. ~ing fund and pay for employees' travel ex- ' In the event that this Order is enforced by a Judgment of a United penses, as required by the collective-bargaining States Court of Appeals, the words in the notice reading "Posted by ag t I hav w t U , eff Order of the National Labor Relations Board" shall read "Posted Pursu- agreement that I have ith the Union, effec- ant to a Judgment of the United States Court of Appeals Enforcing an tive April 2, 1979, through March 31, 1982. Order of the National Labor Relations Board." I WILL pay for employees' travel expenses, APPENDIX if any, as required by the collective-bargaining agreement that I have with the Union, effec- NOTICE TO EMPLOYEES tive April 2, 1979, through March 31, 1982, POSTED BY ORDER OF THE with interest. NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government UNION CRAFT I WILL NOT refuse to bargain collectively with Resilient Floor & Decorative Covering Workers Local Union No. 1179, International 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Post at its place of business at 14200 Midland Brotherhood of Painters and Allied Trades of Drive, Shawnee Mission, Kansas, copies of the at- North America and Canada, by refusing to tached notice marked "Appendix." 2 Copies of said make payments into the pension fund, health notice, on forms provided by the Regional Direc- and welfare fund, holiday and vacation fund, tor for Region 17, after being duly signed by Re- apprenticeship fund, and advertising fund and spondent's representative, shall be posted by Re- to pay for the employees' travel expenses, as spondent immediately upon receipt thereof, and be required by the collective-bargaining agree- maintained by it for 60 consecutive days thereafter, ment that I have with the Union, effective in conspicuous places, including all places where April 2, 1979, through March 31, 1982. notices to employees are customarily posted. Rea- I WILL NOT in any like or related manner in- sonable steps shall be taken by Respondent to terfere with, restrain, or coerce our employees insure that said notices are not altered, defaced, or in the exercise of the rights guaranteed them covered by any other material, by Section 7 of the Act. (d) Notify the Regional Director for Region 17, 1 WILL make payments into the pension in writing, within 20 days from the date of this f hl a w f v Order, what steps have been taken to comply here- c fn icehi fn a4 a is- ..Lh cation fund, apprenticeship fund, and advertis- with. ing fund and pay for employees' travel ex- 'In the event that this Order is enforced by a Judgment of a United penses, as required by the Collective-bargaining States Court of Appeals, the words in the notice reading "Posted by a * th » I a . ,.1, the TT^;^> efa^ Order of the National Labor Relations Board" shall read "Posted Pursu- greement that I have With the Union, effec- ant to a Judgment of the United States Court of Appeals Enforcing an tive April 2, 1979, through March 31, 1982. order of the National Labor Relations Board." I WILL pay for employees' travel expenses, APPENDIX if any, a s required by the collective-bargaining agreement that I have with the Union, effec- NOTICE To EMPLOYEES tive April 2, 1979, through March 31, 1982, POSTED BY ORDER OF THE with interest. NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government UNION CRAFT I WILL NOT refuse to bargain collectively with Resilient Floor & Decorative Covering Workers Local Union No. 1179, International 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Post at its place of business at 14200 Midland Brotherhood of Painters and Allied Trades of Drive, Shawnee Mission, Kansas, copies of the at- North America and Canada, by refusing to tached notice marked "Appendix." 2 Copies of said make payments into the pension fund, health notice, on forms provided by the Regional Direc- and welfare fund, holiday and vacation fund, tor for Region 17, after being duly signed by Re- apprenticeship fund, and advertising fund and spondent's representative, shall be posted by Re- to pay for the employees' travel expenses, as spondent immediately upon receipt thereof, and be required by the collective-bargaining agree- maintained by it for 60 consecutive days thereafter, ment that I have with the Union, effective in conspicuous places, including all places where April 2, 1979, through March 31, 1982. notices to employees are customarily posted. Rea- I WILL NOT in any like or related manner in- sonable steps shall be taken by Respondent to terfere with, restrain, or coerce our employees insure that said notices are not altered, defaced, or in the exercise of the rights guaranteed them covered by any other material, by Section 7 of the Act. (d) Notify the Regional Director for Region 17, 1 WILL make payments into the pension in writing, within 20 days from the date of this f hl a w f h Order, what steps have been taken to comply here- c fn icehi fn a4 a is- ..Lh cation fund, apprenticeship fund, and advertis- with. ing fund and pay for employees' travel ex- 'In the event that this Order is enforced by a Judgment of a United penses, as required by the Collective-bargaining States Court of Appeals, the words in the notice reading "Posted by a * th » I a . ,.1, the TT^;^> efa^ Order of the National Labor Relations Board" shall read "Posted Pursu- greement that I have With the Union, effec- ant to a Judgment of the United States Court of Appeals Enforcing an tive April 2, 1979, through March 31, 1982. Order of the National Labor Relations Board." I WILL pay for employees' travel expenses, APPENDIX if any, a s required by the collective-bargaining agreement that I have with the Union, effec- NOTICE To EMPLOYEES tive April 2, 1979, through March 31, 1982, POSTED BY ORDER OF THE with interest. NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government UNION CRAFT I WILL NOT refuse to bargain collectively with Resilient Floor & Decorative Covering Workers Local Union No. 1179, International 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Post at its place of business at 14200 Midland Brotherhood of Painters and Allied Trades of Drive, Shawnee Mission, Kansas, copies of the at- North America and Canada, by refusing to tached notice marked "Appendix." 2 Copies of said make payments into the pension fund, health notice, on forms provided by the Regional Direc- and welfare fund, holiday and vacation fund, tor for Region 17, after being duly signed by Re- apprenticeship fund, and advertising fund and spondent's representative, shall be posted by Re- to pay for the employees' travel expenses, as spondent immediately upon receipt thereof, and be required by the collective-bargaining agree- maintained by it for 60 consecutive days thereafter, ment that I have with the Union, effective in conspicuous places, including all places where April 2, 1979, through March 31, 1982. notices to employees are customarily posted. Rea- I WILL NOT in any like or related manner in- sonable steps shall be taken by Respondent to terfere with, restrain, or coerce our employees insure that said notices are not altered, defaced, or in the exercise of the rights guaranteed them covered by any other material, by Section 7 of the Act. (d) Notify the Regional Director for Region 17, 1 WILL make payments into the pension in writing, within 20 days from the date of this f hl a w f h Order, what steps have been taken to comply here- c fn icehi fn a4 a is- ..Lh cation fund, apprenticeship fund, and advertis- with. ing fund and pay for employees' travel ex- 'In the event that this Order is enforced by a Judgment of a United penses, as required by the Collective-bargaining States Court of Appeals, the words in the notice reading "Posted by a * th » I a . ,.1, the TT^;^> efa^ Order of the National Labor Relations Board" shall read "Posted Pursu- greement that I have With the Union, effec- ant to a Judgment of the United States Court of Appeals Enforcing an tive April 2, 1979, through March 31, 1982. Order of the National Labor Relations Board." I WILL pay for employees' travel expenses, APPENDIX if any, a s required by the collective-bargaining agreement that I have with the Union, effec- NOTICE To EMPLOYEES tive April 2, 1979, through March 31, 1982, POSTED BY ORDER OF THE with interest. NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government UNION CRAFT I WILL NOT refuse to bargain collectively with Resilient Floor & Decorative Covering Workers Local Union No. 1179, International 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Post at its place of business at 14200 Midland Brotherhood of Painters and Allied Trades of Drive, Shawnee Mission, Kansas, copies of the at- North America and Canada, by refusing to tached notice marked "Appendix." 2 Copies of said make payments into the pension fund, health notice, on forms provided by the Regional Direc- and welfare fund, holiday and vacation fund, tor for Region 17, after being duly signed by Re- apprenticeship fund, and advertising fund and spondent's representative, shall be posted by Re- to pay for the employees' travel expenses, as spondent immediately upon receipt thereof, and be required by the collective-bargaining agree- maintained by it for 60 consecutive days thereafter, ment that I have with the Union, effective in conspicuous places, including all places where April 2, 1979, through March 31, 1982. notices to employees are customarily posted. Rea- I WILL NOT in any like or related manner in- sonable steps shall be taken by Respondent to terfere with, restrain, or coerce our employees insure that said notices are not altered, defaced, or in the exercise of the rights guaranteed them covered by any other material, by Section 7 of the Act. (d) Notify the Regional Director for Region 17, 1 WILL make payments into the pension in writing, within 20 days from the date of this f hl a w f h Order, what steps have been taken to comply here- c fn ich f a4 a4vetis ..Lh cation fund, apprenticeship fund, and advertis- with. ing fund and pay for employees' travel ex- 'In the event that this Order is enforced by a Judgment of a United penses, as required by the Collective-bargaining States Court of Appeals, the words in the notice reading "Posted by a * th » I a . ,.1, the TT^;^> efa^ Order of the National Labor Relations Board" shall read "Posted Pursu- greement that I have With the Union, effec- ant to a Judgment of the United States Court of Appeals Enforcing an tive April 2, 1979, through March 31, 1982. Order of the National Labor Relations Board." I WILL pay for employees' travel expenses, APPENDIX if any, a s required by the collective-bargaining agreement that I have with the Union, effec- NOTICE To EMPLOYEES tive April 2, 1979, through March 31, 1982, POSTED BY ORDER OF THE with interest. NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government UNION CRAFT I WILL NOT refuse to bargain collectively with Resilient Floor & Decorative Covering Workers Local Union No. 1179, International