Prepared Meats Sales

1 NOTICE: This opinion is subject to formal revision before publication in the Board volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal er­ rors so that corrections can be included in the bound volumes. Prepared Meats, Inc. d/b/a Prepared Meat Sales, Inc. and United Food and Commercial Work­ ers, Local 174, affiliated with United Food and Commercial Workers International Union, AFL–CIO. Case 29–CA–20121–1 February 5, 1997 DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS BROWNING AND HIGGINS Upon a charge filed by the Union on July 5, 1996, the General Counsel of the National Labor Relations Board issued a complaint on October 31, 1996, against Prepared Meats, Inc. d/b/a Prepared Meat Sales, Inc., the Respondent, alleging that it has violated Section 8(a)(1) of the National Labor Relations Act. Although properly served copies of the charge and complaint, the Respondent failed to file an answer. On January 13, 1997, the General Counsel filed a Motion for Summary Judgment with the Board. On January 15, 1997, the Board issued an order transfer- ring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Re­ spondent filed no response. The allegations in the mo­ tion are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Summary Judgment Sections 102.20 and 102.21 of the Board’s Rules and Regulations provide that the allegations in the complaint shall be deemed admitted if an answer is not filed within 14 days from service of the complaint, un­ less good cause is shown. In addition, the complaint affirmatively notes that unless an answer is filed within 14 days of service, all the allegations in the complaint will be considered admitted. Further, the undisputed al­ legations in the Motion for Summary Judgment dis­ close that the Region, by letter dated November 27, 1996, notified the Respondent that unless an answer were received by December 6, 1996, a Motion for Summary Judgment would be filed In the absence of good cause being shown for the failure to file a timely answer, we grant the General Counsel’s Motion for Summary Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent, a New York corporation, with its principal office and places of business located at 1330 and 1339 Utica Avenue, Brooklyn, New York, has been engaged in the retail and wholesale processing and sale of chicken. During the 12-month period preceding issuance of the com­ plaint, a representative period, the Respondent, in the course of its operations, derived gross revenues in ex­ cess of $500,000 from its retail operations at its New York facilities and purchased and received at its wholesale operations at 1330 Utica Avenue, chickens and related products valued in excess of $50,000 di­ rectly from points outside the State of New York. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act and that the Union is a labor organiza­ tion within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES About June 27, 1996, the Respondent, in the pres­ ence of its employees, threatened an agent of the Union with physical harm when the agent attempted to meet with said employees. CONCLUSION OF LAW By the acts and conduct described above, the Re­ spondent has been interfering with, restraining, and co­ ercing its employees in the exercise of the rights guar­ anteed in Section 7 of the Act, and has thereby en- gaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has engaged in certain unfair labor practices, we shall order it to cease and desist and to take certain affirmative action de- signed to effectuate the policies of the Act. ORDER The National Labor Relations Board orders that the Respondent, Prepared Meats, Inc. d/b/a Prepared Meat Sales, Inc., Brooklyn, New York, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Threatening an agent of the United Food and Commercial Workers Local 174, affiliated with United Food and Commercial Workers International Union, AFL–CIO, in the presence of its employees, with phys­ ical harm when the agent attempts to meet with the employees. 322 NLRB No. 185 2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Within 14 days after service by the Region, post at its facilities in Brooklyn, New York, copies of the attached notice marked ‘‘Appendix.’’1 Copies of the notice, on forms provided by the Regional Director for Region 29, after being signed by the Respondent’s au­ thorized representative, shall be posted by the Re­ spondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the no­ tices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Respondent has gone out of business or closed the facilities involved in these pro­ ceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Re­ spondent at any time since July 5, 1996. (b) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a responsible official on a form provided by the Region 1 If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading ‘‘Posted by Order of the National Labor Relations Board’’ shall read ‘‘Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.’’ attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. February 5, 1997 llllllllllllllllll William B. Gould IV, Chairman llllllllllllllllll Margaret A. Browning, Member llllllllllllllllll John E. Higgins, Jr., Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated the National Labor Relations Act and has or­ dered us to post and abide by this notice. WE WILL NOT threaten an agent of the United Food and Commercial Workers Local 174, affiliated with United Food and Commercial Workers International Union, AFL–CIO, in the presence of our employees, with physical harm when the agent attempts to meet with our employees. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act. PREPARED MEATS, INC. D/B/A PRE- PARED MEAT SALES, INC.