Galesburg Construction Company, Inc.

722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Galesburg Construction Company, Inc. and John E. so state, such statement operating as a denial. Knowles. Case 14-CA-15145 All allegations in the complaint, if no answer n ~December 15, 1981 is filed, or any allegation in the complaint not specifically denied or explained in an answer DECISION AND ORDER filed, unless the respondent shall state in the answer that he is without knowledge, shall be BY CHAIRMAN VAN DE WATER AND deemed to be admitted to be true and shall be MEMBERS JENKINS AND ZIMMERMAN so found by the Board, unless good cause to Upon a charge filed on June 24, 1981,1 by John the contrary is shown. E. Knowles, and duly served on Galesburg Con- The complaint and notice of hearing issued on struction Company, Inc., herein called Respondent, August 6, and served on Respondent by registered the General Counsel for the National Labor Rela- mail, return receipt dated August 8, specifically tions Board, by the Regional Director for Regionssn answer to the complaint is 14, issued a complaint on August 6 against Re s- a 14, issued a g complaint Rpon August 6 against Re- filed within 10 days from the service therof "all of spondent, alleging that Respondent had engaged int shall be deemed to the allegations in the complaint shall be deemed to and was engaging in unfair labor practices affecting be admitted to be true and may be so found by the commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Board." Further, according to the Motion for Sum- and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the mary Judgment, counsel for the General Counsel Labor Relations Act, as amendled. Copies of the informed Respondent by letter dated August 26 charge and complaint and notice of hearing before nformed Respondent by letter dated August 26 an administrative law judge were duly served on that, if Respondent did not file an answer by Sep- an administrative law judge were duly served on tember 2, summary judgment would be sought. Re- the parties to this proceeding. Respondent did not tember 2, summary judgment would be sought. Re- file a timely answer to the complaint. spondent did not file an answer to the complaint On September 14, counsel for the General Coun- until September 17. The General Counsel there- sel filed directly with the Board in Washington, upon filed a motion to strike the answer as untime- D.C., a Motion for Summary Judgment, with ap- ly filed. pendixes attached. Subsequently, on September 17, Respondent's response to the Notice To Show the Board issued an order transferring the proceed- Cause argues that the General Counsel's Motion ing to the Board and a Notice To Show Cause for Summary Judgment should not be granted. Re- why the General Counsel's Motion for Summary spondent states that on or about July 13 an attor- Judgment should not be granted. On the same date, ney for the Board, Gail Barder, questioned Re- Respondent filed an answer to the complaint. spondent's president, Patrick H. Thomas, about the Thereafter, on September 28, the General Counsel issues involved in this case. Respondent contends filed a motion to strike the answer as untimely that, at the conclusion of the meeting, Thomas filed. On October 5, Respondent filed a response to asked Barder if there was anything else he would the Notice To Show Cause. have to do or answer in connection with this case, Pursuant to the provisions of Section 3(b) of the and Barder replied that there was not. Respondent National Labor Relations Act, as amended, the Na- alleges that Thomas was unavailable during most tional Labor Relations Board has delegated its au- of August because he was out of his office on busi- thority in this proceeding to a three-member panel. ness, and that, relying on Barder's representation to Upon the entire record in this proceeding, the him, he did not inform his office staff to advise him Board makes the following: of any communication from the National Labor Relations Board. Respondent maintains that Ruling on the Motion To Strike Answer As Thomas did not learn of the complaint until Sep- Untimely Filed and Motion for Summary tember 8, and that Thomas then immediately Judgment sought to retain counsel. Section 102.20 of the Board's Rules and Regula- We do not think that Respondent's submissions tions, Series 8, as amended, provides as follows: constitute good cause, within the meaning of Sec- The respondent shall, within 10 days from the tion 102.20 of the Board's Rules and Regulations service of the complaint, file an answer there- for failure to file a timely answer. Respondent's re- to. The respondent shall specifically admit, liance upon Barder's alleged assertion is wholly deny, or explain each of the facts alleged in misplaced. Assuming arguendo that the alleged rep- the complaint, unless the respondent is without resentation was in fact made, Respondent, as noted knowledge, in which case the respondent shall above, had been duly served with the complaint and notice of hearing which clearly stated that Re- 'All dates herein are in 1981. spondent must file an answer, and was also notified 259 NLRB No. 95 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Galesburg Construction Company, Inc. and John E. so state, such statement operating as a denial. Knowles. Case 14-CA-15145 All allegations in the complaint, if no answer December 15, 198 lis filed, or any allegation in the complaint not specifically denied or explained in an answer DECISION AND ORDER filed, unless the respondent shall state in the answer that he is without knowledge, shall be BY CHAIRMAN VAN DE WATER ANDdeemed to be admitted to be true and shall be MEMBERS JENKINS AND ZIMMERMAN so found by the Board, unless good cause to Upon a charge filed on June 24, 1981,1 by John the contrary is shown. E. Knowles, and duly served on Galesburg Con- The complaint and notice of hearing issued on struction Company, Inc., herein called Respondent, August 6, and served on Respondent by registered the General Counsel for the National Labor Rela- mi r dated August 8, specifically tions Board, by the Regional Director for Region s tssan answer to the complaint is 14. issued a complaint on August 6 against Re.^- ^^ . 14, ssue a cmplint n Auust6 aginstRe- filed within 10 days from the service therof "all of spondent, alleging that Respondent had engaged in allegations in the complaint shall be deemed to and was engaging in unfair labor practices affecting P commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Bo a r d ." F u rt h er , according to the Motion for Sum- Labor Relations Act, as amended. Copies of the mary Judgment, counsel for the General Counsel charge and complaint and notice of hearing before in fo r m ed Respondent by letter dated August 26 an administrative law judge were duly served onr th at, if Respondent did not file an answer by Sep- the parties to this proceeding. Respondent did not te m b e r 2, summary judgment would be sought. Re- file a timely answer to the complaintdspondent did not file an answer to the complaint On September 14, counsel for the General Coun- u n t il September 17. The General Counsel there- sel filed directly with the Board in Washington, upon filed a m o tion to strike th e answer as untime- D.C., a Motion for Summary Judgment, with ap- ly filed. pendixes attached. Subsequently, on September 17, Respondent's response to the Notice To Show the Board issued an order transferring the proceed- Cause argues that the General Counsel's Motion ing to the Board and a Notice To Show Cause for Summary Judgment should not be granted. Re- why the General Counsel's Motion for Summary spondent states that on or about July 13 an attor- Judgment should not be granted. On the same date, ney for the Board, Gail Barder, questioned Re- Respondent filed an answer to the complaint. spondent's president, Patrick H. Thomas, about the Thereafter, on September 28, the General Counsel issues involved in this case. Respondent contends filed a motion to strike the answer as untimely that, at the conclusion of the meeting, Thomas filed. On October 5, Respondent filed a response to asked Barder if there was anything else he would the Notice To Show Cause. have to do or answer in connection with this case, Pursuant to the provisions of Section 3(b) of the and Barder replied that there was not. Respondent National Labor Relations Act, as amended, the Na- alleges that Thomas was unavailable during most tional Labor Relations Board has delegated its au- of August because he was out of his office on busi- thority in this proceeding to a three-member panel. ness, and that, relying on Barder's representation to Upon the entire record in this proceeding, the him, he did not inform his office staff to advise him Board makes the following: of any communication from the National Labor Ruling on the Motion To Strike Answer As Relations Board. Respondent maintains that Ruling on the Motion To Stke Answer As Thomas did not learn of the complaint until Sep- Untimely Filed and Motion for Summary8, and that Thomas then immediately Judgment sought to retain counsel. Section 102.20 of the Board's Rules and Regula- We do not think that Respondent's submissions tions, Series 8, as amended, provides as follows: constitute good cause, within the meaning of Sec- The respondent shall, within 10 days from the tion 102.20 of the Board's Rules and Regulations service of the complaint, file an answer there- fo r fa ilu r e to file a timely answer. Respondent's re- to. The respondent shall specifically admit, lianc e upon Barder's alleged assertion is wholly deny, or explain each of the facts alleged in misplaced. Assuming arguendo that the alleged rep- the complaint, unless the respondent is without resentation was in fact made, Respondent, as noted knowledge, in which case the respondent shall above, had been duly served with the complaint and notice of hearing which clearly stated that Re- All dates herein are in 1981. spondent must file an answer, and was also notified 259 NLRB No. 95 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Galesburg Construction Company, Inc. and John E. so state, such statement operating as a denial. Knowles. Case 14-CA-15145 All allegations in the complaint, if no answer December 15, 198 lis filed, or any allegation in the complaint not specifically denied or explained in an answer DECISION AND ORDER filed, unless the respondent shall state in the answer that he is without knowledge, shall be BY CHAIRMAN VAN DE WATER ANDdeemed to be admitted to be true and shall be MEMBERS JENKINS AND ZIMMERMAN so found by the Board, unless good cause to Upon a charge filed on June 24, 1981,1 by John the contrary is shown. E. Knowles, and duly served on Galesburg Con- The complaint and notice of hearing issued on struction Company, Inc., herein called Respondent, August 6, and served on Respondent by registered the General Counsel for the National Labor Rela- mi r dated August 8, specifically tions Board, by the Regional Director for Region s tssan answer to the complaint is 14. issued a complaint on August 6 against Re.^- ^^ . 14, ssue a cmplint n Auust6 aginstRe- filed within 10 days from the service therof "all of spondent, alleging that Respondent had engaged in allegations in the complaint shall be deemed to and was engaging in unfair labor practices affecting P commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Bo a r d ." F u rt h er , according to the Motion for Sum- Labor Relations Act, as amended. Copies of the mary Judgment, counsel for the General Counsel charge and complaint and notice of hearing before in fo r m ed Respondent by letter dated August 26 an administrative law judge were duly served onr th at, if Respondent did not file an answer by Sep- the parties to this proceeding. Respondent did not te m b e r 2 , summary judgment would be sought. Re- file a timely answer to the complaintdspondent did not file an answer to the complaint On September 14, counsel for the General Coun- until September 17. The General Counsel there- sel filed directly with the Board in Washington, upon filed a motion to strike the answer as untime- D.C., a Motion for Summary Judgment, with ap- ly filed. pendixes attached. Subsequently, on September 17, Respondent's response to the Notice To Show the Board issued an order transferring the proceed- Cause argues that the General Counsel's Motion ing to the Board and a Notice To Show Cause for Summary Judgment should not be granted. Re- why the General Counsel's Motion for Summary spondent states that on or about July 13 an attor- Judgment should not be granted. On the same date, ney for the Board, Gail Barder, questioned Re- Respondent filed an answer to the complaint. spondent's president, Patrick H. Thomas, about the Thereafter, on September 28, the General Counsel issues involved in this case. Respondent contends filed a motion to strike the answer as untimely that, at the conclusion of the meeting, Thomas filed. On October 5, Respondent filed a response to asked Barder if there was anything else he would the Notice To Show Cause. have to do or answer in connection with this case, Pursuant to the provisions of Section 3(b) of the and Barder replied that there was not. Respondent National Labor Relations Act, as amended, the Na- alleges that Thomas was unavailable during most tional Labor Relations Board has delegated its au- of August because he was out of his office on busi- thority in this proceeding to a three-member panel. ness, and that, relying on Barder's representation to Upon the entire record in this proceeding, the him, he did not inform his office staff to advise him Board makes the following: of any communication from the National Labor Ruling on the Motion To Strike Answer As Relations Board. Respondent maintains that Ruling on the Motion To Stke Answer As Thomas did not learn of the complaint until Sep- Untimely Filed and Motion for Summary8, and that Thomas then immediately Judgment sought to retain counsel. Section 102.20 of the Board's Rules and Regula- We do not think that Respondent's submissions tions, Series 8, as amended, provides as follows: constitute good cause, within the meaning of Sec- The respondent shall, within 10 days from the tion 102.20 of the Board's Rules and Regulations service of the complaint, file an answer there- fo r fa ilu r e to file a timely answer. Respondent's re- to. The respondent shall specifically admit, lianc e upon Barder's alleged assertion is wholly deny, or explain each of the facts alleged in misplaced. Assuming arguendo that the alleged rep- the complaint, unless the respondent is without resentation was in fact made, Respondent, as noted knowledge, in which case the respondent shall above, had been duly served with the complaint and notice of hearing which clearly stated that Re- All dates herein are in 1981. spondent must file an answer, and was also notified 259 NLRB No. 95 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Galesburg Construction Company, Inc. and John E. so state, such statement operating as a denial. Knowles. Case 14-CA-15145 All allegations in the complaint, if no answer December 15, 198 lis filed, or any allegation in the complaint not specifically denied or explained in an answer DECISION AND ORDER filed, unless the respondent shall state in the answer that he is without knowledge, shall be BY CHAIRMAN VAN DE WATER ANDdeemed to be admitted to be true and shall be MEMBERS JENKINS AND ZIMMERMAN so found by the Board, unless good cause to Upon a charge filed on June 24, 1981,1 by John the contrary is shown. E. Knowles, and duly served on Galesburg Con- The complaint and notice of hearing issued on struction Company, Inc., herein called Respondent, August 6, and served on Respondent by registered the General Counsel for the National Labor Rela- mi r dated August 8, specifically tions Board, by the Regional Director for Region s tssan answer to the complaint is 14. issued a complaint on August 6 against Re.^- ^^ . 14, ssue a cmplint n Auust6 aginstRe- filed within 10 days from the service therof "all of spondent, alleging that Respondent had engaged in allegations in the complaint shall be deemed to and was engaging in unfair labor practices affecting P commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Bo a r d ." F u rt h er , according to the Motion for Sum- Labor Relations Act, as amended. Copies of the mary Judgment, counsel for the General Counsel charge and complaint and notice of hearing before in fo r m ed Respondent by letter dated August 26 an administrative law judge were duly served onr th at, if Respondent did not file an answer by Sep- the parties to this proceeding. Respondent did not te m b e r 2, summary judgment would be sought. Re- file a timely answer to the complaintdspondent did not file an answer to the complaint On September 14, counsel for the General Coun- until September 17. The General Counsel there- sel filed directly with the Board in Washington, upon fil ed a motion to strike the answer as untime- D.C., a Motion for Summary Judgment, with ap- ly filed. pendixes attached. Subsequently, on September 17, Respondent's response to the Notice To Show the Board issued an order transferring the proceed- Cause argues that the General Counsel's Motion ing to the Board and a Notice To Show Cause for Summary Judgment should not be granted. Re- why the General Counsel's Motion for Summary spondent states that on or about July 13 an attor- Judgment should not be granted. On the same date, ney for the Board, Gail Barder, questioned Re- Respondent filed an answer to the complaint. spondent's president, Patrick H. Thomas, about the Thereafter, on September 28, the General Counsel issues involved in this case. Respondent contends filed a motion to strike the answer as untimely that, at the conclusion of the meeting, Thomas filed. On October 5, Respondent filed a response to asked Barder if there was anything else he would the Notice To Show Cause. have to do or answer in connection with this case, Pursuant to the provisions of Section 3(b) of the and Barder replied that there was not. Respondent National Labor Relations Act, as amended, the Na- alleges that Thomas was unavailable during most tional Labor Relations Board has delegated its au- of August because he was out of his office on busi- thority in this proceeding to a three-member panel. ness, and that, relying on Barder's representation to Upon the entire record in this proceeding, the him, he did not inform his office staff to advise him Board makes the following: of any communication from the National Labor Ruling on the Motion To Strike Answer As Relations Board. Respondent maintains that Ruling on the Motion To Stke Answer As Thomas did not learn of the complaint until Sep- Untimely Filed and Motion for Summary8, and that Thomas then immediately Judgment sought to retain counsel. Section 102.20 of the Board's Rules and Regula- We do not think that Respondent's submissions tions, Series 8, as amended, provides as follows: constitute good cause, within the meaning of Sec- The respondent shall, within 10 days from the tion 102.20 of the Board's Rules and Regulations service of the complaint, file an answer there- fo r fa ilu r e to file a timely answer. Respondent's re- to. The respondent shall specifically admit, lianc e upon Barder's alleged assertion is wholly deny, or explain each of the facts alleged in misplaced. Assuming arguendo that the alleged rep- the complaint, unless the respondent is without resentation was in fact made, Respondent, as noted knowledge, in which case the respondent shall above, had been duly served with the complaint and notice of hearing which clearly stated that Re- All dates herein are in 1981. spondent must file an answer, and was also notified 259 NLRB No. 95 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Galesburg Construction Company, Inc. and John E. so state, such statement operating as a denial. Knowles. Case 14-CA-15145 All allegations in the complaint, if no answer December 15, 198 lis filed, or any allegation in the complaint not specifically denied or explained in an answer DECISION AND ORDER filed, unless the respondent shall state in the answer that he is without knowledge, shall be BY CHAIRMAN VAN DE WATER ANDdeemed to be admitted to be true and shall be MEMBERS JENKINS AND ZIMMERMAN so found by the Board, unless good cause to Upon a charge filed on June 24, 1981,1 by John the contrary is shown. E. Knowles, and duly served on Galesburg Con- The complaint and notice of hearing issued on struction Company, Inc., herein called Respondent, August 6, and served on Respondent by registered the General Counsel for the National Labor Rela- mi r dated August 8, specifically tions Board, by the Regional Director for Region s tssan answer to the complaint is 14. issued a complaint on August 6 against Re.^- ^^ . 14, ssue a cmplint n Auust6 aginstRe- filed within 10 days from the service therof "all of spondent, alleging that Respondent had engaged in allegations in the complaint shall be deemed to and was engaging in unfair labor practices affecting P commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Bo a r d ." F u rt h er , according to the Motion for Sum- Labor Relations Act, as amended. Copies of the mary Judgment, counsel for the General Counsel charge and complaint and notice of hearing before in fo r m ed Respondent by letter dated August 26 an administrative law judge were duly served onr th at, if Respondent did not file an answer by Sep- the parties to this proceeding. Respondent did not te m b e r 2 , summary judgment would be sought. Re- file a timely answer to the complaintdspondent did not file an answer to the complaint On September 14, counsel for the General Coun- until September 17. The General Counsel there- sel filed directly with the Board in Washington, upon fil ed a motion to strike the answer as untime- D.C., a Motion for Summary Judgment, with ap- ly filed. pendixes attached. Subsequently, on September 17, Respondent's response to the Notice To Show the Board issued an order transferring the proceed- Cause argues that the General Counsel's Motion ing to the Board and a Notice To Show Cause for Summary Judgment should not be granted. Re- why the General Counsel's Motion for Summary spondent states that on or about July 13 an attor- Judgment should not be granted. On the same date, ney for the Board, Gail Barder, questioned Re- Respondent filed an answer to the complaint. spondent's president, Patrick H. Thomas, about the Thereafter, on September 28, the General Counsel issues involved in this case. Respondent contends filed a motion to strike the answer as untimely that, at the conclusion of the meeting, Thomas filed. On October 5, Respondent filed a response to asked Barder if there was anything else he would the Notice To Show Cause. have to do or answer in connection with this case, Pursuant to the provisions of Section 3(b) of the and Barder replied that there was not. Respondent National Labor Relations Act, as amended, the Na- alleges that Thomas was unavailable during most tional Labor Relations Board has delegated its au- of August because he was out of his office on busi- thority in this proceeding to a three-member panel. ness, and that, relying on Barder's representation to Upon the entire record in this proceeding, the him, he did not inform his office staff to advise him Board makes the following: of any communication from the National Labor Ruling on the Motion To Strike Answer As Relations Board. Respondent maintains that Ruling on the Motion To Stke Answer As Thomas did not learn of the complaint until Sep- Untimely Filed and Motion for Summary8, and that Thomas then immediately Judgment sought to retain counsel. Section 102.20 of the Board's Rules and Regula- We do not think that Respondent's submissions tions, Series 8, as amended, provides as follows: constitute good cause, within the meaning of Sec- The respondent shall, within 10 days from the tion 102.20 of the Board's Rules and Regulations service of the complaint, file an answer there- fo r fa ilu r e to file a timely answer. Respondent's re- to. The respondent shall specifically admit, lianc e upon Barder's alleged assertion is wholly deny, or explain each of the facts alleged in misplaced. Assuming arguendo that the alleged rep- the complaint, unless the respondent is without resentation was in fact made, Respondent, as noted knowledge, in which case the respondent shall above, had been duly served with the complaint and notice of hearing which clearly stated that Re- All dates herein are in 1981. spondent must file an answer, and was also notified 259 NLRB No. 95 GALESBURG CONSTRUCTION COMPANY, INC. 723 by letter dated August 26 that it must file an ties for the purpose of collective bargaining or answer by September. other mutual aid or protection. We find that, by 2. In these circumstances, we find that Respond- such conduct, Respondent has violated Section ent had been put on notice that it was required to 8(a)(3) and (1) of the Act. file an answer.2 In addition, the fact that Thomas was not in his office for most of August does not III. THE EFFECT OF THE UNFAIR LABOR relieve Respondent of its obligation to answer the PRACTICES UPON COMMERCE complaint. 3 The activities of Respondent set forth in section Accordingly, we grant the motion to strike the II, above, occurring in connection with its oper- answer as untimely filed. We similarly find that Re- ations described in section I, above, have a close, spondent has offered no valid reason why the intimate, and substantial relationship to trade, traf- Motion for Summary Judgment should not be fic, and commerce among the several States and granted, and, under the rule set forth above, the al- tend to lead to labor disputes burdening and ob- legations of the complaint are deemed admitted and structing commerce and the free flow of com- are found to be true, and we grant the Motion for merce. Summary Judgment. On the basis of the entire record, the Board Iv. THE REMEDY makes the following: Having found that Respondent has engaged in FINDINGS OF FACT unfair labor practices within the meaning of Sec- tion 8(a)(3) and (1) of the Act, we shall order that I. THE BUSINESS OF RESPONDENT it cease and desist therefrom, and take certain af- Galesburg Construction Company, Inc., a Dela- firmative action designed to effectuate the policies ware corporation with an office and place of busi- of the Act. ness at 147 South Cherry, Galesburg, Illinois, is en- Respondent shall offer employee John E. gaged as a general contractor in the building and Knowles immediate and full employment in the po- construction industry. Respondent's jobsites at J. C. sition for which he applied, or, if that job no Penney and Blessing Hospital, Quincy, Illinois, are longer exists, a substantially equivalent position, the only jobsites involved in this proceeding. without prejudice to his seniority or other rights During the 12-month period ending July 31, Re- and privileges. Respondent shall also make spondent performed services valued in excess of Knowles whole for any loss of earnings suffered by $50,000 for various enterprises located outside the reason of its unlawful refusal to hire him. Backpay State of Illinois. shall be computed in accordance with F. W. Wool- We find, on the basis of the foregoing, that Re- worth Company, 90 NLRB 289 (1950), with interest spondent is, and has been at all times material as prescribed in Florida Steel Corporation, 231 herein, an employer engaged in commerce within NLRB 651 (1977). 4 the meaning of Section 2(6) and (7) of the Act, and The Board, upon the basis of the foregoing facts that it will effectuate the policies of the Act to and the entire record, makes the following: assert jurisdiction herein.CONCLUSIONS OF LAW II. THE UNFAIR LABOR PRACTICES 1. Galesburg Construction Company, Inc., is an On or about June 18, Respondent told an em- employer engaged in commerce within the mean- ployee that he was being laid off because he had ing of Section 2(6) and (7) of the Act. engaged in union activities. On or about June 19, 2. By telling an employee that he was being laid Respondent told an employee that he would not be off because he had engaged in union activities, and hired on Respondent's projects in Quincy, Illinois, by telling an employee that he would not be hired because of his union activities. We find that, by because of his union activities, Respondent has en- such conduct, Respondent violated Section 8(a)(1) gaged in unfair labor practices within the meaning of the Act. of Section 8(aXl) of the Act. Since on or about June 18, and continuing to 3. By refusing to hire John E. Knowles because date, Respondent has refused to hire employee of his union activities, Respondent has engaged in John E. Knowles because he joined, supported, or unfair labor practices within the meaning of Sec- assisted a union, and engaged in concerted activi- tion 8(a)(3) and (1) of the Act. ' Clean and Shine, 255 NLRB 1144 (1981). See Capitol Temptrol Corpo- ' See, generally, Isis Plumbing & Heating Ca, 138 NLRB 716 (1962). In ration, 243 NLRB 575, 589, fn. 59 (1979). accordance with his partial dissent in Olympic Medical Corporation, 250 'Ancorp National Services Inc.. Casco Division, 202 NLRB 513 enfd. in NLRB 146 (1980), Member Jenkins would award interest on the backpay an unpublished opinion 87 LRRM 3274 (st Cir. 1973). due based on the formula set forth therein. GALESBURG CONSTRUCTION COMPANY, INC. 723 by letter dated August 26 that it must file an ties for the purpose of collective bargaining or answer by September. other mutual aid or protection. We find that, by 2. In these circumstances, we find that Respond- such conduct, Respondent has violated Section ent had been put on notice that it was required to 8(a)(3) and (1) of the Act. file an answer. 2 In addition, the fact that Thomas was not in his office for most of August does not I ll. T HE E FFECT OF T HE UN FAIR LA BOR relieve Respondent of its obligation to answer the PRACTICES UPON COMMERCE complaint. IThe activities of Respondent set forth in section Accordingly, we grant the motion to strike the 11, above, occurring in connection with its oper- answer as untimely filed. We similarly find that Re- ations described in section I, above, have a close, spondent has offered no valid reason why the intimate, and substantial relationship to trade, traf- Motion for Summary Judgment should not be fic, and commerce among the several States and granted, and, under the rule set forth above, the al- tend to lead to labor disputes burdening and ob- legations of the complaint are deemed admitted and structing commerce and the free flow of com- are found to be true, and we grant the Motion for merce. Summary Judgment. On the basis of the entire record, the Board Iv. THE REMEDY makes the following: Having found that Respondent has engaged in FINDINGS OF FACT unfair labor practices within the meaning of Sec- tion 8(a)(3) and (1) of the Act, we shall order that I. THE BUSINESS OF RESPONDENT it cease and desist therefrom, and take certain af- Galesburg Construction Company, Inc., a Dela- firmative action designed to effectuate the policies ware corporation with an office and place of busi- o f the A c t . ness at 147 South Cherry, Galesburg, Illinois, is en- Respondent shall offer employee John E. gaged as a general contractor in the building and Knowles immediate and full employment in the po- construction industry. Respondent's jobsites at J. C. sitio n f o r w h ic h h e applied, or, if that job no Penney and Blessing Hospital, Quincy, Illinois, are longer e x ists, a substantially equivalent position, the only jobsites involved in this proceeding. without prejudice to his seniority or other rights During the 12-month period ending July 31, Re- and privileges. Respondent shall also make spondent performed services valued in excess of Knowles whole for any loss of earnings suffered by $50,000 for various enterprises located outside the reason of its unlawful refusal to hire him. Backpay State of Illinois, shall be computed in accordance with F. W. Wool- We find, on the basis of the foregoing, that Re- worth Company, 90 NLRB 289 (1950), with interest spondent is, and has been at all times material as prescribed in Florida Steel Corporation, 231 herein, an employer engaged in commerce within NLRB 651 (1977). 4 the meaning of Section 2(6) and (7) of the Act, and The Board, upon the basis of the foregoing facts that it will effectuate the policies of the Act to and the entire record, makes the following: assert jurisdiction herein. CONCLUSIONS OF LAW II. THE UNFAIR LABOR PRACTICES 1. Galesburg Construction Company, Inc., is an On or about June 18, Respondent told an em- employer engaged in commerce within the mean- ployee that he was being laid off because he had ing of Section 2(6) and (7) of the Act. engaged in union activities. On or about June 19, 2. By telling an employee that he was being laid Respondent told an employee that he would not be off because he had engaged in union activities, and hired on Respondent's projects in Quincy, Illinois, by telling an employee that he would not be hired because of his union activities. We find that, by because of his union activities, Respondent has en- such conduct, Respondent violated Section 8(a)(1) gaged in unfair labor practices within the meaning of the Act. of Section 8(a)l) of the Act. Since on or about June 18, and continuing to 3. By refusing to hire John E. Knowles because date, Respondent has refused to hire employee of his union activities, Respondent has engaged in John E. Knowles because he joined, supported, or unfair labor practices within the meaning of Sec- assisted a union, and engaged in concerted activi- tion 8(a)(3) and (1) of the Act. I Clean and Shine, 255 NLRB 1144 (1981). See Capitol Temptrol Corpo- 4See, generally, Isis Plumbing & Heating Ca, 138 NLRB 716 (1962). In ration, 243 NLRB 575, 589, fn. 59 (1979). accordance with his partial dissent in Olympic Medical Corporation, 250 'Ancorp National Services, Inc., Casco Division, 202 NLRB 513 enfd. in NLRB 146 (1980), Member Jenkins would award interest on the backpay an unpublished opinion 87 LRRM 3274 (1st Cir. 1973). due based on the formula set forth therein. GALESBURG CONSTRUCTION COMPANY, INC. 723 by letter dated August 26 that it must file an ties for the purpose of collective bargaining or answer by September. other mutual aid or protection. We find that, by 2. In these circumstances, we find that Respond- such conduct, Respondent has violated Section ent had been put on notice that it was required to 8(a)(3) and (1) of the Act. file an answer. 2 In addition, the fact that Thomas was not in his office for most of August does not I ll. T HE E FFE CT OF T HE UN FAIR LA BOR relieve Respondent of its obligation to answer the PRACTICES UPON COMMERCE complaint. IThe activities of Respondent set forth in section Accordingly, we grant the motion to strike the 11, above, occurring in connection with its oper- answer as untimely filed. We similarly find that Re- ations described in section I, above, have a close, spondent has offered no valid reason why the intimate, and substantial relationship to trade, traf- Motion for Summary Judgment should not be fic, and commerce among the several States and granted, and, under the rule set forth above, the al- tend to lead to labor disputes burdening and ob- legations of the complaint are deemed admitted and structing commerce and the free flow of com- are found to be true, and we grant the Motion for merce. Summary Judgment. On the basis of the entire record, the Board Iv. THE REMEDY makes the following: Having found that Respondent has engaged in FINDINGS OF FACT unfair labor practices within the meaning of Sec- tion 8(a)(3) and (1) of the Act, we shall order that I. THE BUSINESS OF RESPONDENT it cease and desist therefrom, and take certain af- Galesburg Construction Company, Inc., a Dela- firmative action designed to effectuate the policies ware corporation with an office and place of busi- o f the A c t . ness at 147 South Cherry, Galesburg, Illinois, is en- Respondent shall offer employee John E. gaged as a general contractor in the building and Knowles immediate and full employment in the po- construction industry. Respondent's jobsites at J. C. sitio n f o r w h ic h h e applied, or, if that job no Penney and Blessing Hospital, Quincy, Illinois, are longer e x ists, a substantially equivalent position, the only jobsites involved in this proceeding. without prejudice to his seniority or other rights During the 12-month period ending July 31, Re- and privileges. Respondent shall also make spondent performed services valued in excess of Knowles whole for any loss of earnings suffered by $50,000 for various enterprises located outside the reason of its unlawful refusal to hire him. Backpay State of Illinois, shall be computed in accordance with F. W. Wool- We find, on the basis of the foregoing, that Re- worth Company, 90 NLRB 289 (1950), with interest spondent is, and has been at all times material as prescribed in Florida Steel Corporation, 231 herein, an employer engaged in commerce within NLRB 651 (1977). 4 the meaning of Section 2(6) and (7) of the Act, and The Board, upon the basis of the foregoing facts that it will effectuate the policies of the Act to and the entire record, makes the following: assert jurisdiction herein. CONCLUSIONS OF LAW II. THE UNFAIR LABOR PRACTICES 1. Galesburg Construction Company, Inc., is an On or about June 18, Respondent told an em- employer engaged in commerce within the mean- ployee that he was being laid off because he had ing of Section 2(6) and (7) of the Act. engaged in union activities. On or about June 19, 2. By telling an employee that he was being laid Respondent told an employee that he would not be off because he had engaged in union activities, and hired on Respondent's projects in Quincy, Illinois, by telling an employee that he would not be hired because of his union activities. We find that, by because of his union activities, Respondent has en- such conduct, Respondent violated Section 8(a)(1) gaged in unfair labor practices within the meaning of the Act. of Section 8(a)l) of the Act. Since on or about June 18, and continuing to 3. By refusing to hire John E. Knowles because date, Respondent has refused to hire employee of his union activities, Respondent has engaged in John E. Knowles because he joined, supported, or unfair labor practices within the meaning of Sec- assisted a union, and engaged in concerted activi- tion 8(a)(3) and (1) of the Act. I Clean and Shine, 255 NLRB 1144 (1981). See Capitol Temptrol Corpo- 4See, generally, Isis Plumbing & Heating Ca, 138 NLRB 716 (1962). In ration, 243 NLRB 575, 589, fn. 59 (1979). accordance with his partial dissent in Olympic Medical Corporation, 250 'Ancorp National Services, Inc., Casco Division, 202 NLRB 513 enfd. in NLRB 146 (1980), Member Jenkins would award interest on the backpay an unpublished opinion 87 LRRM 3274 (1st Cir. 1973). due based on the formula set forth therein. GALESBURG CONSTRUCTION COMPANY, INC. 723 by letter dated August 26 that it must file an ties for the purpose of collective bargaining or answer by September. other mutual aid or protection. We find that, by 2. In these circumstances, we find that Respond- such conduct, Respondent has violated Section ent had been put on notice that it was required to 8(a)(3) and (1) of the Act. file an answer. 2 In addition, the fact that Thomas was not in his office for most of August does not I ll. T HE E FFE CT OF T HE UN FAIR LA BOR relieve Respondent of its obligation to answer the PRACTICES UPON COMMERCE complaint. IThe activities of Respondent set forth in section Accordingly, we grant the motion to strike the 11, above, occurring in connection with its oper- answer as untimely filed. We similarly find that Re- ations described in section I, above, have a close, spondent has offered no valid reason why the intimate, and substantial relationship to trade, traf- Motion for Summary Judgment should not be fic, and commerce among the several States and granted, and, under the rule set forth above, the al- tend to lead to labor disputes burdening and ob- legations of the complaint are deemed admitted and structing commerce and the free flow of com- are found to be true, and we grant the Motion for merce. Summary Judgment. On the basis of the entire record, the Board Iv. THE REMEDY makes the following: Having found that Respondent has engaged in FINDINGS OF FACT unfair labor practices within the meaning of Sec- tion 8(a)(3) and (1) of the Act, we shall order that I. THE BUSINESS OF RESPONDENT it cease and desist therefrom, and take certain af- Galesburg Construction Company, Inc., a Dela- firmative action designed to effectuate the policies ware corporation with an office and place of busi- o f the A c t . ness at 147 South Cherry, Galesburg, Illinois, is en- Respondent shall offer employee John E. gaged as a general contractor in the building and Knowles immediate and full employment in the po- construction industry. Respondent's jobsites at J. C. sitio n f o r w h ic h h e applied, or, if that job no Penney and Blessing Hospital, Quincy, Illinois, are longer e x ists, a substantially equivalent position, the only jobsites involved in this proceeding. without prejudice to his seniority or other rights During the 12-month period ending July 31, Re- and privileges. Respondent shall also make spondent performed services valued in excess of Knowles whole for any loss of earnings suffered by $50,000 for various enterprises located outside the reason of its unlawful refusal to hire him. Backpay State of Illinois, shall be computed in accordance with F. W. Wool- We find, on the basis of the foregoing, that Re- worth Company, 90 NLRB 289 (1950), with interest spondent is, and has been at all times material as prescribed in Florida Steel Corporation, 231 herein, an employer engaged in commerce within NLRB 651 (1977). 4 the meaning of Section 2(6) and (7) of the Act, and The Board, upon the basis of the foregoing facts that it will effectuate the policies of the Act to and the entire record, makes the following: assert jurisdiction herein. CONCLUSIONS OF LAW II. THE UNFAIR LABOR PRACTICES 1. Galesburg Construction Company, Inc., is an On or about June 18, Respondent told an em- employer engaged in commerce within the mean- ployee that he was being laid off because he had ing of Section 2(6) and (7) of the Act. engaged in union activities. On or about June 19, 2. By telling an employee that he was being laid Respondent told an employee that he would not be off because he had engaged in union activities, and hired on Respondent's projects in Quincy, Illinois, by telling an employee that he would not be hired because of his union activities. We find that, by because of his union activities, Respondent has en- such conduct, Respondent violated Section 8(a)(1) gaged in unfair labor practices within the meaning of the Act. of Section 8(a)l) of the Act. Since on or about June 18, and continuing to 3. By refusing to hire John E. Knowles because date, Respondent has refused to hire employee of his union activities, Respondent has engaged in John E. Knowles because he joined, supported, or unfair labor practices within the meaning of Sec- assisted a union, and engaged in concerted activi- tion 8(a)(3) and (1) of the Act. I Clean and Shine, 255 NLRB 1144 (1981). See Capitol Temptrol Corpo- 4See, generally, Isis Plumbing & Heating Ca, 138 NLRB 716 (1962). In ration, 243 NLRB 575, 589, fn. 59 (1979). accordance with his partial dissent in Olympic Medical Corporation, 250 'Ancorp National Services, Inc., Casco Division, 202 NLRB 513 enfd. in NLRB 146 (1980), Member Jenkins would award interest on the backpay an unpublished opinion 87 LRRM 3274 (1st Cir. 1973). due based on the formula set forth therein. 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The aforesaid unfair labor practices are unfair thereof, and be maintained by it for 60 consecutive labor practices affecting commerce within the days thereafter, in conspicuous places, including all meaning of Section 2(6) and (7) of the Act. places where notices to employees are customarily posted. Reasonable steps shall be taken by Re- ORDER spondent to insure that said notices are not altered, Pursuant to Section 10(c) of the National Labor defaced, or covered by any other material. Relations Act, as amended, the National Labor Re- (e) Notify the Regional Director for Region 14, lations Board hereby orders that the Respondent, in writing, within 20 days from the date of this Galesburg Construction Company, Inc., Quincy, II- Order, what steps have been taken to comply here- linois, its officers, agents, successors, and assigns, with. shall: 1. Cease and desist from:APPENDIX (a) Telling employees that they will be laid off NOTICE To EMPLOYEES because of their union activities. POSTED BY ORDER OF THE (b) Telling employees that they will not be hired NATIONAL LABOR RELATIONS BOARD because of their union activities. because of their union activities. An Agency of the United States Government (c) Refusing to hire applicants or otherwise dis- criminating against employees because of their The National Labor Relations Act gives em- union activities.~~~~union activities. ~~ployees the following rights: (d) In any like or related manner interfering with, restraining, or coercing employees in the ex- To engage in self-organization ercise of the rights guaranteed them in Section 7 of To form, join, or assist any union the Act. To bargain collectively through repre- 2. Take the following affirmative action which sentatives of their own choice the Board finds will effectuate the policies of the To engage in activities together for the Act: purpose of collective bargaining or other (a) Offer John E. Knowles immediate and full mutual aid or protection employment in the position for which he applied To refrain from the exercise of any or all or, if that job no longer exists, in a substantially such activities. equivalent position, without prejudice to his senior- WE WILL NOT tell employees that they will WE WILL NOT tell employees that they will ity or other rights and privileges. ity or other rights and privileges. be laid off because of their union activities. (b) Make John E. Knowles whole for any loss of o bec e o ther uo att earnings he may have suffered by reason of the dis-WE WILL NOT tell emloees that they will not be hired because of their union activities. crimination practiced against him, as provided in reuse to hire al the section of this Decision and Order entitled W E W ILL NOT re f u s dis ate a st applcants or "The Remedy." otherwise discriminate against employees be- (c) Preserve and, upon request, make available tocause of their union activities. the Board or its agents, for examination and copy- WE WILL NOT in any like or related manner ing, all payroll records, social security payment re- intere with, restrain, or coerce employees in cords, timecards, personnel records and reports, the exercise of the rights guaranteed them in and all other records necessary to analyze the Section 7 of the Act. amount of backpay due under the terms of thisWE WILL offer John E. Knowles immediate Order. and full employment in the position for which (d) Post at at its Galesburg, Illinois, facility he applied or, if that job no longer exists, in a copies of the attached notice marked "Appendix." 5 substantially equivalent position, without prej- Copies of said notice, on forms provided by the udice to his seniority or other rights and privi- Regional Director for Region 14, after being duly leges. signed by Respondent's representative, shall be WE WILL make John E. Knowles whole, posted by Respondent immediately upon receipt with interest, for any loss of earnings he may have suffered by reason of the discrimination ' In the event that this Order is enforced by a Judgment of a United practiced against him. States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursu- GALESBURG CONSTRUCTION COMPA- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." NY, INC. 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The aforesaid unfair labor practices are unfair thereof, and be maintained by it for 60 consecutive labor practices affecting commerce within the days thereafter, in conspicuous places, including all meaning of Section 2(6) and (7) of the Act. places where notices to employees are customarily posted. Reasonable steps shall be taken by Re- ORDER spondent to insure that said notices are not altered, Pursuant to Section 10(c) of the National Labor defaced, or covered by any other material. Relations Act, as amended, the National Labor Re- (e) Notify the Regional Director for Region 14, lations Board hereby orders that the Respondent, in writing, within 20 days from the date of this Galesburg Construction Company, Inc., Quincy, Il- Order, what steps have been taken to comply here- linois, its officers, agents, successors, and assigns, with. shall: APPENDIX 1. Cease and desist from:APPENDIX (a) Telling employees that they will be laid off NOTICE To EMPLOYEES because of their union activities. POSTED BY ORDER OF THE (b) Telling employees that they will not be hired NATIONAL LABOR RELATIONS BOARD because of their union activities. An Agency of the United States Government (c) Refusing to hire applicants or otherwise dis- criminating against employees because of their Th N o Lb R A union activities. ployees the following rights: (d) In any like or related manner interfering with, restraining, or coercing employees in the ex- To engage in self-organization ercise of the rights guaranteed them in Section 7 of To form, join, or assist any union the Act. To bargain collectively through repre- 2. Take the following affirmative action which sentatives of their own choice the Board finds will effectuate the policies of the To engage in activities together for the Act: purpose of collective bargaining or other (a) Offer John E. Knowles immediate and full mutual aid or protection employment in the position for which he applied To refrain from the exercise of any or all or, if that job no longer exists, in a substantially such activities. equivalent position, without prejudice to his senior- W W N tl e ta t w .. ' .. - . „ . . * -~~~~WE WILL NOT tell employees that they will ity or other rights and privileges. be laid off because of their union activities. (b) Make John E. Knowles whole for any loss of WE WILL O T t el l em l oy a t they wil earnings he may have suffered by reason of the dis- W E W IL L N OT tel h beplcases toht they will crimination practiced against him, as provided in W L re f u se o hire acants. the section of this Decision and Order entitled W E W ILL NOT re fu s disr. eagaint applicants or "The Remedy. "otherwise discriminate against employees be- "The Remedy." ~~~~~~~~~cause of their union activities. (c) Preserve and, upon request, make available to WE WL NOT i n anyviies. the Board or its agents, for examination and copy- i W E W IL L NO T th ret l a k e o r rel ated m ann er ing, all payroll records, social security payment re- intheeere with, restrain, or coerce employees in cords, timecards, personnel records and reports, th e ex erc c se o f th e Act. guaranteed them in and all other records necessary to analyze the Section 7 of the Act. amount of backpay due under the terms of this W E W ILL Off e r J o h n E. Knowles immediate Order. and full employment in the position for which (d) Post at at its Galesburg, Illinois, facility h e applied or, if that job no longer exists, in a copies of the attached notice marked "Appendix." 5 substantially equivalent position, without prej- Copies of said notice, on forms provided by the u d ic e to his seniority or other rights and privi- Regional Director for Region 14, after being duly leges. signed by Respondent's representative, shall be W E W IL L make John E. Knowles whole, posted by Respondent immediately upon receipt with interest, for any loss of earnings he may have suffered by reason of the discrimination * In the event that this Order is enforced by a Judgment of a United practiced against him. States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursu- GALESBURG CONSTRUCTION COMPA- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." NY, INC. 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The aforesaid unfair labor practices are unfair thereof, and be maintained by it for 60 consecutive labor practices affecting commerce within the days thereafter, in conspicuous places, including all meaning of Section 2(6) and (7) of the Act. places where notices to employees are customarily posted. Reasonable steps shall be taken by Re- ORDER spondent to insure that said notices are not altered, Pursuant to Section 10(c) of the National Labor defaced, or covered by any other material. Relations Act, as amended, the National Labor Re- (e) Notify the Regional Director for Region 14, lations Board hereby orders that the Respondent, in writing, within 20 days from the date of this Galesburg Construction Company, Inc., Quincy, Il- Order, what steps have been taken to comply here- linois, its officers, agents, successors, and assigns, with. shall: APPENDIX 1. Cease and desist from:APPENDIX (a) Telling employees that they will be laid off NOTICE To EMPLOYEES because of their union activities. POSTED BY ORDER OF THE (b) Telling employees that they will not be hired NATIONAL LABOR RELATIONS BOARD because of their union activities. A A o t nited St Government (c) Refusing to hire applicants or otherwise dis- criminating against employees because of their Th N o Lb R A union activities. ployees the following rights: (d) In any like or related manner interfering with, restraining, or coercing employees in the ex- To engage in self-organization ercise of the rights guaranteed them in Section 7 of To form, join, or assist any union the Act. To bargain collectively through repre- 2. Take the following affirmative action which sentatives of their own choice the Board finds will effectuate the policies of the To engage in activities together for the Act: purpose of collective bargaining or other (a) Offer John E. Knowles immediate and full mutual aid or protection employment in the position for which he applied To refrain from the exercise of any or all or, if that job no longer exists, in a substantially such activities. equivalent position, without prejudice to his senior- W W N tl e ta t w .. ' .. - . „ . . * -~~~~WE WILL NOT tell employees that they will ity or other rights and privileges. be laid off because of their union activities. (b) Make John E. Knowles whole for any loss of WE WILL O T t el l em l oy a t they wil earnings he may have suffered by reason of the dis- W E W IL L N OT tel h beplcases toht they will crimination practiced against him, as provided in W L re f u se o hire acants. the section of this Decision and Order entitled W E W ILL NOT re fu s disr. eagaint applicants or "The Remedy. "otherwise discriminate against employees be- "The Remedy." ~~~~~~~~~cause of their union activities. (c) Preserve and, upon request, make available to WE WL NOT i n anyviies. the Board or its agents, for examination and copy- i W E W IL L NO T th ret l a k e o r rel ated m ann er ing, all payroll records, social security payment re- intheeere with, restrain, or coerce employees in cords, timecards, personnel records and reports, th e ex erc c se o f th e Act. guaranteed them in and all other records necessary to analyze the Section 7 of the Act. amount of backpay due under the terms of this W E W ILL Off e r J o h n E . Knowles immediate Order. and full employment in the position for which (d) Post at at its Galesburg, Illinois, facility h e applied or, if that job no longer exists, in a copies of the attached notice marked "Appendix." 5 substantially equivalent position, without prej- Copies of said notice, on forms provided by the u d ic e to his seniority or other rights and privi- Regional Director for Region 14, after being duly leges. signed by Respondent's representative, shall be W E W IL L make John E. Knowles whole, posted by Respondent immediately upon receipt with interest, for any loss of earnings he may have suffered by reason of the discrimination * In the event that this Order is enforced by a Judgment of a United practiced against him. States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursu- GALESBURG CONSTRUCTION COMPA- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." NY, INC. 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The aforesaid unfair labor practices are unfair thereof, and be maintained by it for 60 consecutive labor practices affecting commerce within the days thereafter, in conspicuous places, including all meaning of Section 2(6) and (7) of the Act. places where notices to employees are customarily posted. Reasonable steps shall be taken by Re- ORDER spondent to insure that said notices are not altered, Pursuant to Section 10(c) of the National Labor defaced, or covered by any other material. Relations Act, as amended, the National Labor Re- (e) Notify the Regional Director for Region 14, lations Board hereby orders that the Respondent, in writing, within 20 days from the date of this Galesburg Construction Company, Inc., Quincy, Il- Order, what steps have been taken to comply here- linois, its officers, agents, successors, and assigns, with. shall: APPENDIX 1. Cease and desist from:APPENDIX (a) Telling employees that they will be laid off NOTICE To EMPLOYEES because of their union activities. POSTED BY ORDER OF THE (b) Telling employees that they will not be hired NATIONAL LABOR RELATIONS BOARD because of their union activities. An Agency of the United States Government (c) Refusing to hire applicants or otherwise dis- criminating against employees because of their Th N o Lb R A union activities. ployees the following rights: (d) In any like or related manner interfering with, restraining, or coercing employees in the ex- To engage in self-organization ercise of the rights guaranteed them in Section 7 of To form, join, or assist any union the Act. To bargain collectively through repre- 2. Take the following affirmative action which sentatives of their own choice the Board finds will effectuate the policies of the To engage in activities together for the Act: purpose of collective bargaining or other (a) Offer John E. Knowles immediate and full mutual aid or protection employment in the position for which he applied To refrain from the exercise of any or all or, if that job no longer exists, in a substantially such activities. equivalent position, without prejudice to his senior- W W N tl e ta t w .. ' .. - . „ . . * -~~~~WE WILL NOT tell employees that they will ity or other rights and privileges. be laid off because of their union activities. (b) Make John E. Knowles whole for any loss of WE WILL O T t el l em l oy a t they wil earnings he may have suffered by reason of the dis- W E W IL L N OT tel h beplcases toht they will crimination practiced against him, as provided in W L re f u se o hire acants. the section of this Decision and Order entitled W E W ILL NOT re fu s disr. eagaint applicants or "The Remedy. "otherwise discriminate against employees be- "The Remedy." ~~~~~~~~~cause of their union activities. (c) Preserve and, upon request, make available to WE WL NOT i n anyviies. the Board or its agents, for examination and copy- i W E W IL L NO T th ret l a k e o r rel ated m ann er ing, all payroll records, social security payment re- intheeere with, restrain, or coerce employees in cords, timecards, personnel records and reports, th e ex erc c se o f th e Act. guaranteed them in and all other records necessary to analyze the Section 7 of the Act. amount of backpay due under the terms of this W E W ILL Off e r J o h n E. Knowles immediate Order. and full employment in the position for which (d) Post at at its Galesburg, Illinois, facility h e applied or, if that job no longer exists, in a copies of the attached notice marked "Appendix." 5 substantially equivalent position, without prej- Copies of said notice, on forms provided by the u d ic e to his seniority or other rights and privi- Regional Director for Region 14, after being duly leges. signed by Respondent's representative, shall be W E W IL L make John E. Knowles whole, posted by Respondent immediately upon receipt with interest, for any loss of earnings he may have suffered by reason of the discrimination * In the event that this Order is enforced by a Judgment of a United practiced against him. States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursu- GALESBURG CONSTRUCTION COMPA- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." NY, INC.