New Brown's Hotel

Resorts of the World, Inc. d/b/a The New Brown's Hotel and Middletown Musicians Protective Union, Local 809, American Federation of Musicians. Case 3-CA-17820 DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH Upon a charge and an amended charge filed by the Middletown Musicians Protective Union, Local 809, American Federation of Musicians (the Union) on April 28 and June 7, 1993, respectively, the General Counsel of the National Labor Relations Board issued a complaint on June 8, 1993, against Resorts of the World, Inc. d/b/a The New Brown's Hotel (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 15, 1993, the General Counsel filed a Motion for Summary Judgment with the Board. On July 21, 1993, 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 Respondent filed no response. The allegations in the motion 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, unless 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 allegations in the Motion for Summary Judgment disclose that the Region, by letter dated June 28, 1993, notified the Respondent that unless an answer was received by the close of business on July 6, 1993, 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 Respondent, a corporation duly organized under, and existing by virtue of, the laws of the State of New York, has at all material times maintained its principal office and place of business in the Village of Loch Sheldrake and State of New York where it has been engaged in the operation of a resort hotel. Annually, the Respondent, in the course and conduct of its operations derives gross revenue in excess of $500,000, and during the same period of time purchases and receives at the Loch Sheldrake facility goods and materials valued in excess of $50,000 which are shipped to it directly from points located outside the State of New York. We find that the Respondent is an employer engaged 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 The following employees of the Respondent (the unit) constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All musicians (leaders and sidemen) employed by the Respondent in its orchestras (bands). At all material times, based on Section 9(a) of the Act, the Union has been the designated exclusive collective-bargaining representative of the unit and the Union has been recognized as the representative by the Respondent. This recognition has been embodied in successive collective-bargaining agreements, the most recent of which was effective from May 1, 1990, to April 30, 1993. On or about February 10 and May 14, 1993, the Union, by letter, requested that the Respondent meet with the Union for the purpose of negotiating a successor collective-bargaining agreement. Since on or about February 10, 1993, the Respondent has failed and refused to meet and bargain with the Union as the exclusive collective-bargaining representative of the unit. On or about May 14, 1993, the Union, by letter, requested the Respondent to furnish information regarding the names of unit employees, days and hours of their employment, and their rates of pay for the periods of March and April 1993. The information requested by the Union is necessary for, and relevant to, the Union's performance of its function as the exclusive collective-bargaining representative of the unit. Since on or about May 14, 1993, the Respondent has failed and refused, and continues to fail and refuse, to furnish the Union the information requested by it. CONCLUSION OF LAW By the conduct described above, the Respondent has been failing and refusing to bargain collectively with the exclusive collective-bargaining representative of its employees and has thereby engaged in unfair labor practices affecting commerce within the meaning Sec- 311 NLRB No. 197 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD tion 8(a)(1) and (5) 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. Specifically having found that the Respondent has violated Section 8(a)(5) and (1) of the Act by failing to meet and bargain with the Union regarding a successor contract since February 10, 1993, and failing and refusing since May 14, 1993, to furnish necessary and relevant information requested by the Union, we shall order it to cease and desist therefrom, to meet and bargain on request with the Union, and furnish the information requested by the Union. ORDER The National Labor Relations Board orders that the Respondent, Resorts of the World, Inc. d/b/a The New Brown's Hotel, Loch Sheldrake, New York, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to meet and bargain with, and furnish necessary and relevant information to, Middletown Musicians Protective Union, Local 809, American Federation of Musicians as the exclusive collective-bargaining representative of the employees in the following unit: All musicians (leaders and sidemen) employed by the Respondent in its orchestras (bands). (b) 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) On request, meet and bargain with the Union as the exclusive collective-bargaining representative of the employees in the unit regarding a successor collective-bargaining agreement and, if an understanding is reached, embody the understanding in a signed agreement. (b) Provide the Union with the information it requested on May 14, 1993, regarding the names of unit employees, days and hours of their employment, and their rates of pay for the periods of March and April 1993. (c) Post at its facility in Loch Sheldrake, New York, copies of the attached notice marked "Appendix." Copies of the notice, on forms provided by the Regional Director for Region 3, 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. (d) 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. August 31, 1993 James M. Stephens, Chairman Dennis M. Devaney, Member John Neil Raudabaugh, 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 ordered us to post and abide by this notice. WE WILL NOT fail and refuse to meet and bargain with, and furnish necessary and relevant information to, Middletown Musicians Protective Union, Local 809, American Federation of Musicians as the exclusive collective-bargaining representative of the employees in the following unit: All musicians (leaders and sidemen) employed by the Respondent in its orchestras (bands). 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, on request, meet and bargain with the Union as the exclusive collective-bargaining representative of the employees in the unit regarding a successor collective-bargaining agreement and, if an understanding is reached, embody the understanding in a signed agreement. WE WILL provide the Union with the information it requested on May 14, 1993, regarding the names of unit employees, days and hours of their employment, 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." THE NEW BROWN'S HOTEL and their rates of pay for the periods of March and April 1993. RESORTS OF THE WORLD, INC. D/B/A THE NEW BROWN'S HOTEL