Teamsters Local 676

TEAMSTERS LOCAL 676 Teamsters Local 676, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America and De Simone Cadillac Co. Case 4-CB-2971 July 11, 1977 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO Upon a charge filed on November 18, 1976, by De Simone Cadillac Co., herein called the Employer, and duly served on Teamsters Local 676, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Acting Regional Director for Region 4, issued a complaint and notice of hearing on December 30, 1976, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(b)(1)(A) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before an Administrative Law Judge were duly served on the parties to this proceeding. Respondent failed to file an answer to the complaint. On March 21, 1977, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on March 31, 1977, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respon- dent did not file a response to the Notice To Show Cause and therefore the allegations of the Motion for Summary Judgment stand uncontroverted. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment Section 102.20 of the Board's Rules and Regula- tions provides: The respondent shall, within 10 days from the service of the complaint, file an answer thereto. The respondent shall specifically admit, deny, or Although the Board's policy favonng settlement of unfair labor practices is well established, an offer of settlement does not excuse the 230 NLRB No. 109 explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. All allegations in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the respondent shall state in the answer that he is without knowledge, shall be deemed to be admitted to be true and shall be so found by the Board, unless good cause to the contrary is shown. The complaint and notice of hearing served on Respondent specifically stated that unless an answer to the complaint was filed within 10 days of service thereof "all of the allegations in the Complaint shall be deemed to be admitted to be true and may be so found by the Board." Further, according to the uncontroverted allegations of the Motion for Sum- mary Judgment, by letter dated January 11, 1977, attached to the motion as Exhibit 3, counsel for Respondent notified the Regional Director that Respondent did not, at that time, intend to file an answer or to otherwise contest the complaint until the Regional Director advised Respondent whether he would be willing to settle the matter by entrance of a Board order encompassing all the allegations of the complaint but without any provision for a consent judgment in the United States Court of Appeals for the Third Circuit. Respondent had not filed an answer as of March 16, 1977, the date of the Motion for Summary Judgment, and has failed to file a response to the Notice To Show Cause in which it could have attempted to explain its failure to answer. No good cause for failure to file an answer having been shown,' in accordance with the rules set forth above, the allegations of the complaint are deemed to be admitted. Accordingly, we find as true all the allegations of the complaint and grant the Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF RESPONDENT De Simone Cadillac Co. is, and has been at all times material herein, a corporation duly organized under, and existing by virtue of, the laws of the State of New Jersey and engaged in the business of the retail sale and service of automobiles from its Pennsauken, New Jersey, location. De Simone's annual gross revenues exceed $500,000 and its obligation to file a timely answer to the complaint as required by Sec. 102.20 of the Board's Rules and Regulations. Series 8, as amended. 729 DECISIONS OF NATIONAL LABOR RELATIONS BOARD annual purchases from directly outside the State of New Jersey exceed $50,000. We find, on the basis of the foregoing, that the Employer is, and has been at all times material herein, an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein. 11. THE LABOR ORGANIZATION INVOLVED Respondent is, and has been at all times material herein, a labor organization within the meaning of Section 2(5) of the Act. Ill. THE UNFAIR LABOR PRACTICES Respondent restrained and coerced employees in the exercise of their rights guaranteed by Section 7 of the Act by engaging in the following acts and conduct in connection with the picketing of the Employer's premises by employees of the Employer: I. In early November 1976, Respondent, by its agent Hank Greener, threatened bodily harm to an employee of the Employer at or near the Employer's premises. 2. On or about November 16 and 17, 1976, at or near the Employer's premises, Respondent, through its agents and representatives, blocked the ingress and egress of employees of the Employer and threatened bodily harm to them. 3. On or about November 17, 1976, at or near the Employer's premises, Respondent, through its agents and representatives, threatened an employee with bodily harm and pointed guns at said employee. Accordingly, we find that by the aforesaid conduct Respondent has restrained and coerced employees in the exercise of the rights guaranteed them under Section 7 of the Act, and by such conduct Respon- dent has engaged in unfair labor practices within the meaning of Section 8(b)(1)(A) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Employer, set forth in section II, above, occurring in connection with the Employ- er's operations described in section I, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of com- merce. 2 In the event that 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 V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(l)(A) of the Act, we shall order that it cease and desist therefrom and that it take certain affirmative action as set forth below designed to effectuate the purposes and policies of the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. De Simone Cadillac Co. is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Teamsters Local 676, affiliated with the Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor organization within the meaning of Section 2(6) and (7) of the Act. 3. By the acts described in section III, above, Respondent has restrained and coerced employees in the exercise of the rights guaranteed to them in Section 7 of the Act, and thereby has engaged in unfair labor practices within the meaning of Section 8(b)(1)(A) of the Act. 4. The aforesaid unfair labor practices affect commerce within the meaning of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders the Respondent, Teamsters Local 676, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, its officers, agents, and representatives, shall: 1. Cease and desist from: (a) Restraining or coercing employees in the exercise of the rights guaranteed them under Section 7 of the Act by threatening bodily harm, by pointing guns at them, and by blocking their ingress and egress. (b) In any other manner restraining or coercing employees in the exercise of their Section 7 rights. 2. Take the following affirmative action necessary to effectuate the policies of the Act: (a) Post at its office and meeting halls copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." 730 TEAMSTERS LOCAL 676 for Region 4, after being duly signed by Respon- dent's representative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (b) Mail to the Regional Director for Region 4 signed copies of the said notice for posting, if De Simone Cadillac Co., is willing, at its Pennsauken, New Jersey, location, in places where notices to employees are customarily posted. Copies of said notice, on forms provided by the Regional Director for Region 4, after having been signed by the Respondent's representative, shall be forthwith re- turned to the Regional Director for posting by De Simone Cadillac Co. (c) Notify the Regional Director for Region 4, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. APPENDIX NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT restrain or coerce employees in the exercise of the rights guaranteed them under Section 7 of the Act by threatening bodily harm, by pointing guns at them, and by blocking their ingress and egress. WE WILL NOT in any other manner restrain or coerce employees in the exercise of their Section 7 rights. TEAMSTERS LOCAL 676, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA 731