Wolf Welding & Ceramic Lining

1 324 NLRB No. 51 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. Wolf Welding & Ceramic Lining, Inc. and United Mine Workers of America, District 31, AFL– CIO. Case 6–CA–28884 August 25, 1997 DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINS Upon a charge and amended charge filed by the Union on March 24, and June 16, 1997, the General Counsel of the National Labor Relations Board issued a complaint on June 23, 1997, against Wolf Welding & Ceramic Lining, Inc., the Respondent, alleging that it has violated Section 8(a)(1) and (5) of the National Labor Relations Act. Although properly served copies of the charges and complaint, the Respondent failed to file an answer. On July 23, 1997, the General Counsel filed a Mo- tion for Default Summary Judgment with the Board. On July 25, 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. 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 July 9, 1997, no- tified the Respondent that unless an answer were re- ceived by the third day following the Respondent’s re- ceipt 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 corporation, with an office and place of business in Thomas, West Virginia, has been engaged in the repair, maintenance and fabrication of coal mine equipment and facilities. During the 12-month period ending February 28, 1997, the Respondent, in conducting its business operations, provided services valued in excess of $50,000 for other enterprises within the State of West Virginia, including Consolidation Coal Company, in which enterprises are themselves directly engaged in interstate commerce within the meaning of Section 2(2), (6) and (7) of the Act. We find that the Respondent is an employer en- gaged 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 At all material times the Union has been the exclu- sive collective-bargaining representative of certain em- ployees of the Respondent (the unit) and has been rec- ognized as such by the Respondent. Such recognition is embodied in successive collective-bargaining agree- ments, the most recent of which is effective by its terms from April 4, 1995, to February 11, 1998 (the 1995–1998 agreement). The unit, as set forth in the 1995–1998 agreement, constitutes a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. At all material times, based on Section 9(b) of the Act, the Union has been the exclusive collective-bargaining representative of the unit. Since about January 29, 1997, and as clarified on April 22, 1997, the Union, by letters, has requested the Respondent to furnish the Union with a copy of all panel forms for all laid-off unit employees and a list of all work performed by the Respondent at UMWA- represented sites during the past 12-month period. Since about April 28, 1997, the Union, by letter, has requested that the Respondent furnish the Union with a copy of unit employee Ray Wells’ payroll checks for the past 3 years, a copy of all panel forms for the last 3 years, and a copy of all medical bills paid by the Re- spondent for the last 3 years. This information is nec- essary for and relevant to the Union’s performance of its duties as the exclusive collective-bargaining rep- resentative of the unit. Since about January 29, 1997, the Respondent, by failing and refusing to respond to the Union’s requests for information described above, has failed and refused to furnish the Union with the re- quested information. Since about January 31, February 19 and 27, and April 22, 1997, the Union has requested that the Re- spondent meet for the purposes of adjusting grievances pursuant to the grievance procedure provided for in ar- ticle 21 of the 1995–1998 agreement. Since about Jan- uary 31, 1997, the Respondent has failed and refused to respond to the requests to meet with the Union for the purposes of adjusting the grievances described VerDate 08-MAY-96 12:34 Sep 03, 1997 Jkt 000000 PO 00000 Frm 00001 Fmt 0610 Sfmt 0610 O:\GPOBV\V324.051 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.’’ above, and has thereby failed and refused to bargain in good faith with the Union. Since about December 16, 1996, the Respondent failed to continue in effect all the terms and conditions of the 1995-1998 agreement by failing and refusing to remit union dues to the Union as provided for in arti- cle 14 of the 1995-1998 agreement. The Respondent engaged in this conduct without the Union’s consent, and the terms and conditions of employment are man- datory subjects for the purposes of collective bargain- ing. CONCLUSION OF LAW By the acts and conduct described above, the Re- spondent has been failing and refusing to bargain col- lectively and in good faith with the exclusive collec- tive-bargaining representative of its employees within the meaning of Section 8(d) of the Act, and has there- by engaged in unfair labor practices affecting com- merce within the meaning of Section 8(a)(5) and (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. Specifi- cally, having found that the Respondent has failed, since about January 29, 1997, to provide the Union the information it requested since about January 29 and April 28, 1997, and as clarified April 22, 1997, that is relevant and necessary to its role as the exclusive bar- gaining representative of the unit employees, we shall order the Respondent to furnish the Union the informa- tion requested. In addition, having found that the Respondent has failed and refused, since about January 31, 1997, to meet with the Union to adjust grievances pursuant to the grievance procedure provided for in article 21 of the 1995–1998 agreement, we shall order the Respond- ent to do so. Finally, having found that the Respondent failed to continue in effect all the terms and conditions of the 1995–1998 agreement by failing and refusing, since about December 16, 1996, to remit union dues to the Union as provided for in the 1995–1998 agreement, we shall order the Respondent to remit such dues to the Union, with interest as prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987). ORDER The National Labor Relations Board orders that the Respondent, Wolf Welding & Ceramic Lining, Inc., Thomas, West Virginia, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing or refusing to provide the United Mine Workers of America, District 31, AFL–CIO, with re- quested information that is necessary for and relevant to the Union’s performance of its duties as the exclu- sive collective-bargaining representative of the unit set forth in the 1995–1998 agreement. (b) Failing or refusing to respond to the Union’s re- quests to meet with the Union for the purposes of ad- justing the grievances filed pursuant to the 1995–1998 agreement. (c) Failing or refusing to remit union dues to the Union as provided for in article 14 of the 1995–1998 agreement. (d) 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) Provide the Union with the information it re- quested since about January 29 and April 28, 1997. (b) Meet with the Union to adjust grievances pursu- ant to the grievance procedure provided for in article 21 of the 1995–1998 agreement, as requested since about January 31, 1997. (c) Remit to the Union, with interest, the dues that it was required to remit, in accord with the terms of the 1995-1998 agreement, since about December 16, 1996. (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 amounts due under the terms of this Order. (e) Within 14 days after service by the Region, post at its facility in Thomas, West Virginia, copies of the attached notice marked ‘‘Appendix.’’1 Copies of the notice, 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 VerDate 08-MAY-96 12:34 Sep 03, 1997 Jkt 000000 PO 00000 Frm 00002 Fmt 0610 Sfmt 0610 O:\GPOBV\V324.051 nlrb01 3 WOLF WELDING & CERAMIC LINING, INC. employees and former employees employed by the Re- spondent at any time since March 24, 1997. (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. August 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 fail or refuse to provide the United Mine Workers of America, District 31, AFL–CIO, with requested information that is necessary for and relevant to the Union’s performance of its duties as the exclu- sive collective-bargaining representative of our em- ployees in the unit set forth in our collective-bargain- ing agreement with the Union, effective by its terms from April 4, 1995, to February 11, 1998. WE WILL NOT fail or refuse to respond to the Union’s requests to meet for the purposes of adjusting the grievances filed pursuant to the 1995–1998 agree- ment. WE WILL NOT fail or refuse to remit union dues to the Union as provided for in article 14 of the 1995– 1998 agreement. 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 provide the Union with the information it requested since about January 29 and April 28, 1997, and as clarified on April 22, 1997. WE WILL meet with the Union to adjust grievances pursuant to the grievance procedure provided for in ar- ticle 21 of the 1995–1998 agreement, as requested since about January 31, 1997. WE WILL remit to the Union, with interest, the dues that we were required to remit, in accord with the terms of the 1995–1998 agreement, since about De- cember 16, 1996. WOLF WELDING & CERAMIC LINING, INC. VerDate 08-MAY-96 12:34 Sep 03, 1997 Jkt 000000 PO 00000 Frm 00003 Fmt 0610 Sfmt 0610 O:\GPOBV\V324.051 nlrb01