Milky Way Dairy Co.

271 NLRB No. 20 ZHDe D--1930 Spokane, WA UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD MILKY WAY DAIRY CO. and DRIVER SALESMEN, WAREHOUSEMEN, FOOD HANDLERS, CLERICAL AND INDUSTRIAL PRODUCTION, LOCAL NO. 582, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA Case 19--CA--16462 DECISION AND ORDER Upon a charge filed by the Union 24 January 1984 and subsequently amended on 23 February 1984, the General Counsel of the National Labor Relations Board issued a complaint 27 February 1984, against the Company, the Respondent, alleging that it has violated Section 8(a)(1) and (3) of the National Labor Relations Act. Although properly served copies of the charge and complaint, the Company has failed to file and answer. On 2 May 1984 the General Counsel filed a Motion for Summary Judgment. On 3 May 1984 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 Company filed no response. The allegations in the motion 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 Section 102.20 of the Board's Rules and Regulations provides that the allegations in the complaint shall be deemed admitted if an answer is not filed within 10 days from service of the complaint, unless good cause is 271 NLRB No. 20 271 NLRB No. 20 ZHDe D--1930 Spokane, WA UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD MILKY WAY DAIRY CO. and DRIVER SALESMEN, WAREHOUSEMEN, FOOD HANDLERS, CLERICAL AND INDUSTRIAL PRODUCTION, LOCAL NO. 582, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA Case 19--CA--16462 DECISION AND ORDER Upon a charge filed by the Union 24 January 1984 and subsequently amended on 23 February 1984, the General Counsel of the National Labor Relations Board issued a complaint 27 February 1984, against the Company, the Respondent, alleging that it has violated Section (a) (1) and (3) of the National Labor Relations Act. Although properly served copies of the charge and complaint, the Company has failed to file and answer. On 2 May 1984 the General Counsel filed a Motion for Summary Judgment. On 3 May 1984 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 Company filed no response. The allegations in the motion 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 Section 102.20 of the Board's Rules and Regulations provides that the allegations in the complaint shall be deemed admitted if an answer is not filed within 10 days from service of the complaint, unless good cause is 271 NLRB No. 20 D--1930 shown. The complaint states that unless an answer is filed within 10 days of service, ''all the allegations in the complaint shall be deemed to be admitted to be true and shall be so found by the Board Further, the undisputed allegations in the Motion for Summary Judgment disclose that the General Counsel, by letter dated 10 April 1984, and by telegram dated 20 April 1984, notified the Company that unless an answer was received immediately, 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 The Company, a Washington corporation, is engaged in the wholesale business of processing milk and milk products at its facility in Spokane, Washington, where it annually ships goods or provides services directly outside the State, and ships goods and provides services to customers located within the State, but engaged in interstate commerce by other than indirect means, which total goods and services have a value in excess of $50,000. We find that the Company is an employer engaged in commerce within the meaning of Section 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 On or about 23 January 1984, the Company interrogated employees about their union activities; threatened and coerced an employee by asking if the employee wanted to continue working for the Company or continue with his union activities; and terminated the employment of Rod West, Dave Oleson, and Tim D--1930 Noon and thereafter refused to reinstate them because they had engaged in union activities. Conclusions of Law 1. By interrogating, threatening, and coercing employees because they supported the Union, the Company has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a) (1) and Section 2(6) and (7) of the Act. 2. By terminating the employment of Rod West, Dave Oleson, and Tim Noon because of their support of the Union, the Company has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(3) 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 designed to effectuate the policies of the Act. The Respondent having discriminatorily discharged three employees, it must offer them reinstatement and make them whole for any loss of earnings and other benefits, computed on a quarterly basis from date of discharge to date of proper offer of reinstatement, less any net interim earnings, as prescribed in F. W. Woolworth Co., 90 NLRB 289 (1950), plus interest as computed in Florida Steel Corp., 231 NLRB 651 (1977). ORDER The National Labor Relations Board orders that the Respondent, Milky Way Dairy Co., Spokane, Washington, its officers, agents, successors, and assigns, shall 1. Cease and desist from D--1930 (a) Discharging or otherwise discriminating against any employee for supporting the Driver Salesman, Warehousemen, Food Handlers, Clerical and Industrial Production, Local No. 582, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, or any other union. (b) Interrogating, threatening, or coercing any employee about union support or union activities. (c) 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) Offer Rod West, Dave Oleson, and Tim Noon immediate and 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, and make them whole for any loss of earnings and other benefits suffered as a result of the discrimination against them, in the manner set forth in the remedy section of the decision. (b) Remove from its files any reference to the unlawful discharges and notify the employees in writing that this has been done and that the discharges will not be used against them in any way. (c) Preserve and, on request, make available to the Board or its agents for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. 1930 (d) Post at its facility in Spokane Washington, copies of the attached notice marked ''Appendix. ..1 Copies of the notice, on forms provided by the Regional Director for Region 19, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately upon receipt 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 notices are not altered, defaced, or covered by any other material. (e) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. Dated, Washington, D.C. 6 July 1984 Don A. Zimmerman, Member Robert P. Hunter, Member Patricia Diaz Dennis, Member NATIONAL LABOR RELATIONS BOARD (SEAL) 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. D--1930 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 ordered us to post and abide by this notice. WE WILL NOT discharge or otherwise discriminate against any of you for supporting the Driver Salesmen, Warehousemen, Food Handlers, Clerical and Industrial Production, Local No. 582, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, or any other union. WE WILL NOT question, threaten, or coerce you about your union support or 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 offer Rod West, Dave Oleson, and Tim Noon immediate and 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 and WE WILL make them whole for any loss of earnings and other benefits resulting from their discharge, less any net interim earnings, plus interest. WE WILL notify each of them that we have removed from our files any reference to his discharge and that the discharge will not be used against him in any way. MILKY WAY DAIRY CO. (Employer) Dated By (Representative) (Title) This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, 2948 Federal Building, 915 Second Avenue, Seattle, Washington 98174, Telephone 206--442--7472.