MCD International, L.L.C.

1 325 NLRB No. 26 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. MCD International, L.L.C. and United Steelworkers of America, AFL–CIO–CLC. Case 10–CA– 30226 December 9, 1997 DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS FOX AND LIEBMAN Upon a charge and an amended charge filed by the Union on May 23, 1997, and August 26, 1997, respec- tively, the General Counsel of the National Labor Re- lations Board issued a complaint on August 29, 1997, against MCD International, L.L.C., the Respondent, al- leging that it has violated Section 8(a)(1) and (3) of the National Labor Relations Act. Although properly served copies of the charge, amended charge, and com- plaint, the Respondent failed to file an answer. On October 23, 1997, the General Counsel filed a Motion for Summary Judgment with the Board. On October 27, 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 September 22, 1997, notified the Respondent that unless an answer were received by September 26, 1997, the allegations in the complaint shall be deemed to be admitted by the Respondent as true. 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, an Alabama corporation, with an office and place of business in Anniston, Alabama, has been engaged in the business of manufacturing microwave ovens. During the 12- month period preceding the issuance of the complaint, the Respondent, in conducting its business operations described above, sold and shipped from its Anniston, Alabama facility goods valued in excess of $50,000 di- rectly to customers located outside the State of Ala- bama. 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 About the latter part of March 1997, the Respond- ent, through its representative Richard Flemings, threatened employees with discharge for engaging in union activities. In addition, about May 13, 1997, the Respondent, through Supervisor Mike Cobb, threatened employees with a loss of benefits and loss of job for supporting the Union. Finally, about March 31, 1997, the Respondent dis- charged its employee Eddie Tippins, and, about April 15 and May 15, 1997, suspended and later discharged employee Jeff Pisacrita, because those employees en- gaged in union activities and to discourage employees from engaging in union activities. CONCLUSION OF LAW By the acts and conduct described above, the Re- spondent has been interfering with, restraining, and co- ercing employees in the exercise of the rights guaran- teed in Section 7 of the Act, and has thereby engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and Section 2(6) and (7) of the Act. In addition by discharging Eddie Tippins, and by suspending and discharging Jeff Pisacrita, the Re- spondent has been discriminating in regard to the hire or tenure or terms and 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)(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- VerDate 08-MAY-96 09:30 Dec 16, 1997 Jkt 000000 PO 00000 Frm 00001 Fmt 0610 Sfmt 0610 O:\GPOBV\V325.026 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.’’ 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 Eddie Tippins and by suspending and discharging Jeff Pisacrita, we shall order the Respondent to offer them full reinstate- ment to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privi- leges previously enjoyed, and to make them whole for any loss of earnings and other benefits suffered as a result of the discrimination against them. Backpay shall be computed in accordance with F. W. Wool- worth Co., 90 NLRB 289 (1950), with interest as pre- scribed in New Horizons for the Retarded, 283 NLRB 1173 (1987). The Respondent shall also be required to expunge from its files any and all references to the un- lawful suspension and discharges, and to notify Tippins and Pisacrita in writing that this has been done. ORDER The National Labor Relations Board orders that the Respondent, MCD International, L.L.C., Anniston, Alabama, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Threatening employees with discharge, loss of benefits, or loss of job if they engaged in union activi- ties or supported the Union. (b) Suspending and discharging employees because of their union activities or to discourage employees from engaging in those activities. (c) In any like or related manner interfering with, re- straining, 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 Eddie Tippins and Jeff Pisacrita full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges pre- viously enjoyed. (b) Make Eddie Tippins and Jeff Pisacrita whole for any loss of earnings and other benefits suffered as a result of the discrimination against them, with interest, in the manner set forth in the remedy section of this decision. (c) Within 14 days from the date of this Order, re- move from its files any reference to the unlawful sus- pension and discharges of Eddie Tippins and Jeff Pisacrita, and within 3 days thereafter notify them in writing that this has been done and that the suspension and discharges will not be used against them in any way. (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 Anniston, Alabama, copies of the at- tached notice marked ‘‘Appendix.’’1 Copies of the no- tice, on forms provided by the Regional Director for Region 10, 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 March 13, 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. December 9, 1997 llllllllllllllllll William B. Gould IV, Chairman llllllllllllllllll Sarah M. Fox, Member llllllllllllllllll Wilma B. Liebman, Member (SEAL) NATIONAL LABOR RELATIONS BOARD VerDate 08-MAY-96 09:30 Dec 16, 1997 Jkt 000000 PO 00000 Frm 00002 Fmt 0610 Sfmt 0610 O:\GPOBV\V325.026 nlrb01 3 MCD INTERNATIONAL, L.L.C. 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 employees with discharge, loss of benefits, and loss of job, if they engage in union activities or support the Union. WE WILL NOT suspend or discharge employees be- cause of their union activities or to discourage employ- ees from engaging in those 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 the Board’s Order, offer Eddie Tippins and Jeff Pisacrita full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed. WE WILL make Eddie Tippins and Jeff Pisacrita whole for any loss of earnings and other benefits re- sulting from their suspension or discharges, less any net interim earnings, plus interest. WE WILL, within 14 days from the date of the Board’s Order, remove from our files any reference to the unlawful suspension and discharges of Eddie Tippins and Jeff Pisacrita and WE WILL, within 3 days thereafter, notify them in writing that this has been done and that the suspension and discharges will not be used against them in any way. MCD INTERNATIONAL, L.L.C. VerDate 08-MAY-96 09:30 Dec 16, 1997 Jkt 000000 PO 00000 Frm 00003 Fmt 0610 Sfmt 0610 O:\GPOBV\V325.026 nlrb01