Teamsters Local 777

TEAMSTERS LOCAL 777 Teamsters Local 777, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Hel- pers of America and Spurgeon Mercantile Compa- ny. Case 13-CB-6851 April 25, 1977 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENELLO AND WALTHER Upon a charge filed on September 21, 1976, by Spurgeon Mercantile Company, herein called the Employer, and duly served on Teamsters Local 777, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called the Respondent Union, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 13, issued a complaint and notice of hearing on November 5, 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)(3) and 8(d) 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. The Respondent failed to file an answer to the complaint. On December 23, 1976, counsel for the General Counsel filed directly with the Board a "Motion for Order Transferring Proceeding to National Labor Relations Board and for Summary Judgment," with exhibits attached, based on Respondent's failure to file an answer as required by Section 102.20 of the Board's Rules and Regulations, Series 8, as amended. The order transferring the proceeding to the Board and Notice To Show Cause was issued by the Board on January 3, 1977. The Respondent filed no response to the Notice To Show Cause and, accordingly, 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 ot 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 229 NLRB No. 50 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 from the service thereof "all of the allegations in the Com- plaint shall be deemed to be admitted to be true and may be so found by the Board." According to the uncontroverted allegations of the Motion for Sum- mary Judgment, counsel for the General Counsel spoke with Respondent's vice president on six different occasions, after Respondent's answer was due, regarding Respondent's failure to file an answer. Finally, on December 15, 1976, Respondent's vice president stated to counsel for General Counsel that Respondent did not intend to file an answer to the complaint. As noted above, Respondent has failed to file an answer to the complaint and has failed to file a response to the Notice To Show Cause. Accordingly, under the rule set forth above, no good cause having been shown for the failure to file a timely answer, the allegations of the complaint are deemed admitted and are found to be true, and we shall 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 THE EMPLOYER Spurgeon Mercantile Company is, and has been at all times material herein, an Illinois corporation with a place of business located at 109 North Peoria, Chicago, Illinois, where it is engaged in the sale of retail goods. Spurgeon's facility at 109 North Peoria, Chicago, Illinois, is the only facility involved in this proceeding. During the past calendar year, a repre- sentative period, Spurgeon, in the course and conduct of its business operations, did a gross volume of business in excess of $500,000 and purchased and received at its North Peoria location goods valued in excess of $150,000 from points directly outside the State of Illinois. We find, on the basis of the foregoing, that the Employer is, and has been at all times material 263 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. II. THE LABOR ORGANIZATION INVOLVED Teamsters Local 777, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES Since July 26, 1976, and continuing to date, Respondent has been, and is now, the exclusive bargaining representative of the following appropri- ate unit of Spurgeon's employees: All employees at Spurgeon's facility at 109 N. Peoria, Chicago, Illinois, but excluding all office clerical employees, guards, and supervisors as defined in the Act. On September 2, 1976, Respondent, after collective- bargaining negotiations, reached full agreement with the Employer on the terms of a collective-bargaining agreement covering the employees in the unit described above. Since September 8, 1976, and continuing to date, Respondent has refused, al- though requested by the Employer, to sign such agreement. By refusing, since September 8, 1976, and at all times thereafter, to sign the collective-bargain- ing agreement reached with the Employer on September 2, 1976, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(bX3) and 8(d) of the Act. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the mean- ing of Section 2(6) and (7) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with the opera- tions 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. V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(3) and 8(d) of the Act, we shall order that it cease and desist therefrom and take certain affirmative action designed to effectuate the policies of the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Spurgeon Mercantile Company is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Teamsters Local 777, International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor organization within the meaning of Section 2(5) of the Act. 3. All employees at Spurgeon's facility at 109 North Peoria, Chicago, Illinois, but excluding all office clerical employees, guards, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 4. Since July 26, 1976, and continuing to date, Respondent has been, and is now, the exclusive bargaining representative of all employees in the aforesaid approriate unit for the purpose of collective bargaining within the meaning of Section 9(a) of the Act. 5. By refusing since September 8. 1976, and at all times thereafter, to sign the collective-bargaining agreement reached with the Employer on September 2, 1976, covering the employees in the aforesaid appropriate unit, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(3) and 8(d) of the Act. 6. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the mean- ing 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 that the Respondent, Teamsters Local 777, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, its officers, agents, and representatives, shall: I. Cease and desist from refusing to bargain collectively in good faith with Spurgeon Mercantile Company by refusing to sign the collective-bargain- ing agreement reached with Spurgeon Mercantile Company on September 2, 1976, covering the employees in the following appropriate unit: All employees at Spurgeon's facility at 109 N. Peoria, Chicago, Illinois, but excluding all office 264 TEAMSTERS LOCAL 777 clerical employees, guards, and supervisors as defined in the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Upon request, sign the collective-bargaining agreement which Respondent reached with Spurgeon Mercantile Company on September 2, 1976. (b) Post at its business offices and meeting halls copies of the attached notice marked "Appendix."' Copies of said notice, on forms provided by the Regional Director for Region 13, after being duly signed by Respondent's representative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by Respon- dent to insure that said notices are not altered, defaced, or covered by any other material. (c) Deliver to the Regional Director for Region 13 signed copies of said notice in sufficient numbers to be posted by Spurgeon Mercantile Company, if willing, at its 109 North Peoria, Chicago, Illinois, facility where notices to employees are customarily posted. (d) Notify said Regional Director, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. I 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 Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively in good faith with Spurgeon Mercantile Company by refusing to sign the collective-bargaining agreement reached on September 2, 1976, cover- ing the employees in the following appropriate unit: All employees at Spurgeon's facility at 109 N. Peoria, Chicago, Illinois, but excluding all office clerical employees, guards, and supervisors as defined in the Act. WE WILL, upon request, sign the collective- bargaining agreement which we reached with Spurgeon Mercantile Company on September 2, 1976. TEAMSTERS LOCAL 777, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA 265