Hallelujah the Highest Praise

1 324 NLRB No. 12 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. Hallelujah the Highest Praise, Inc. and American Federation of Musicians of the United States and Canada. Case 6–CA–28208 July 25, 1997 DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINS Upon a charge filed by the Union on May 30, 1996, the General Counsel of the National Labor Relations Board issued a complaint on November 1, 1996, against Hallelujah the Highest Praise, Inc., the Re- spondent, alleging that it has violated Section 8(a)(3) and (1) of the National Labor Relations Act. Although properly served copies of the charge and complaint, the Respondent failed to file an answer. On June 30, 1997, the General Counsel filed a Mo- tion for Default Summary Judgment with the Board. On July 1, 1997, the Board issued an order transferring 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. 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 June 16, 1997, notified the Respondent that unless an answer were re- ceived by the third business day following receipt of the letter, 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 Michigan corporation, with an office and place of business in Detroit, Michigan, has been engaged in the business of operating a touring musical theatrical production. Dur- ing the 12-month period ending June 30, 1996, the Re- spondent, in conducting its business operations, de- rived gross revenues in excess of $500,000 and per- formed services valued in excess of $50,000 in states other than the State of Michigan. We find that the Re- spondent 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 organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES About April 21, 1996, the Respondent discharged its employee William Daulton because he formed, joined, or assisted the Union and engaged in concerted activi- ties, and to discourage employees from engaging in these activities. CONCLUSIONS OF LAW By the acts and conduct described above, the Re- spondent has been discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization, and has thereby engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and (3) 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. Specifi- cally, having found that the Respondent has violated Section 8(a)(3) and (1) by discharging William Daulton, we shall order the Respondent to offer the discriminatee immediate and full reinstatement to his former job, or, if that job no longer exists, to a sub- stantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed, and to make him whole for any loss of earn- ings and other benefits suffered as a result of the dis- crimination against him. Backpay shall be computed in accordance with F. W. Woolworth Co., 90 NLRB 289 (1950), with interest as prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987). The Respond- ent shall also be required to expunge from its files any and all references to the unlawful discharge, and to no- tify the discriminatee in writing that this has been done. ORDER The National Labor Relations Board orders that the Respondent, Hallelujah the Highest Praise, Inc., De- troit, Michigan its officers, agents, successors, and as- signs, shall 1. Cease and desist from VerDate 08-MAY-96 05:54 Jul 31, 1997 Jkt 000000 PO 00000 Frm 00001 Fmt 0610 Sfmt 0610 O:\GPOBV\V324.012 nlrb01 2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 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.’’ (a) Discharging its employees because they form, join, or assist the Union or engage in concerted activi- ties, or to discourage employees from engaging in these activities. (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 from the date of this Order, offer William Daulton full reinstatement to his former job, or, if that job no longer exists, to a substantially equiv- alent position, without prejudice to his seniority or any other rights or privileges previously enjoyed. (b) Make William Daulton whole, with interest, for any loss of earnings and other benefits suffered as a result of the discrimination against him, in the manner set forth in the remedy section of this decision. (c) Within 14 days from the date of this Order, ex- punge from its files any and all references to the un- lawful discharge, and, within three days thereafter, no- tify the discriminatee in writing that this has been done. (d) Preserve and, within 14 days of a request, make available to the Board or its agents for examination and copying, all payroll records, social security pay- ment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. (e) Within 14 days after service by the Region, post at its facility in Detroit, Michigan, copies of the at- tached notice marked ‘‘Appendix.’’1 Copies of the no- tice, on forms provided by the Regional Director for Region 6, 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 facility 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 May 30, 1996. (f) 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 attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. July 25, 1997 llllllllllllllllll William B. Gould IV, Chairman llllllllllllllllll Sarah M. Fox, 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 discharge our employees because they form, join, or assist the Union or engage in concerted activities, or to discourage employees from engaging in these activities 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. WE WILL, within 14 days from the date of this Order, offer William Daulton full reinstatement to his former job or, if that job no longer exists, to a substan- tially equivalent position, without prejudice to his se- niority or any other rights or privileges previously en- joyed. WE WILL make William Daulton whole, with inter- est, for any loss of earnings and other benefits suffered as a result of the discrimination against him, in the manner set forth in a decision of the National Labor Relations Board. WE WILL, within 14 days from the date of the Board’s Order, expunge from our files any and all ref- erences to the unlawful discharge, and, within 3 days thereafter, notify the discriminatee in writing that this has been done. HALLELUJAH THE HIGHEST PRAISE, INC. VerDate 08-MAY-96 05:54 Jul 31, 1997 Jkt 000000 PO 00000 Frm 00002 Fmt 0610 Sfmt 0610 O:\GPOBV\V324.012 nlrb01