Laborers Local 371 (Renaissance Development)

LABORERS LOCAL 371 (RENAISSANCE DEVELOPMENT) Laborers and Hodcarriers Local Union 371 , Labor- ers International Union of North America, AFL-CIO and Robert D. Council, d/b/a Ren- aissance Development Contractor . Case 20-CC- 2783 20 February 1985 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS HUNTER AND DENNIS Upon a charge filed by Robert D. Council, d/b/a Renaissance Development Contractor, the Company, 7 August 1984, the General Counsel of the National Labor Relations Board issued a com- plaint 22 August 1984 against the Union, the Re- spondent, alleging that it has violated Section 8(b)(4)(i) and (ii)(B) of the National Labor Rela- tions Act. Although properly served copies of the charge and complaint, the Union has failed to file an answer. On 17 December 1984 the General Counsel filed a Motion for Summary Judgment. On 19 Decem- ber 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 Union filed no response. The allegations in the motion are therefore undisputed. Ruling on Motion for Summary Judgment Section 102.20 of the Board's Rules and Regula- tions 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 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 alle- gations in the Motion for Summary Judgment dis- close that the General Counsel, by letter dated and personally served 11 December 1984, notified the Respondent that unless an answer was filed by 13 December 1984, 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 fol- lowing FINDINGS OF FACT 161 construction industry as a general contractor. During the past 12 months, the Company in the course of these operations has purchased and re- ceived goods in excess of $50,000 directly from suppliers located outside the State of California. We find that the Company is an employer and a person engaged in commerce and in operations af- fecting commerce within the meaning of Section 2(1), (2), (6), and (7) and Section 8(b)(4)(B) of -the Act. The Respondent is an organization in which em- ployees participate and which exists, in whole or in part, for the purpose of dealing with employees concerning grievances, labor disputes , wages, rates of pay, hours of employment, or conditions of work . We find that the Respondent is a labor orga- nization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES ' The Company has been engaged as the general contractor in the construction of new residential condominium townhouses at 6600 Yount Street, Yountville, California (the Yountville jobsite). It has subcontracted work at the Yountville jobsite to various subcontractors, including Dean Bowen Plumbing, MPM Electric, Conco Cement Compa- ny, and Western Sanitary; and Shamrock Ready- Mix has supplied concrete to Conco Cement Com- pany. Dean Bowen Plumbing, MPM Electric, Conco Cement, Western Sanitary, and Shamrock Ready-Mix are persons engaged in commerce or in an industry affecting commerce, and we so find. At all material times, the Respondent has been engaged in a labor dispute with the Company and at no material time has the Respondent been en- gaged in a labor dispute with any of the Compa- ny's various subcontractors, including Dean Bowen Plumbing, MPM, Electric, Conco Cement, and Western Sanitary. Nor has the Respondent been engaged in a labor dispute with Shamrock Ready- Mix which has supplied concrete to Conco Cement Company at the Yountville jobsite. About 6 August 1984,1 the Company established and maintained at the Yountville jobsite two en- trances, gates I and 2, respectively. Since that date, gate 1, located at the north entrance to the Yount- ville jobsite, has been posted with a sign bearing the following legend: I. JURISDICTION The Company, a California sole proprietorship, with its office and place of business in Cordelia, California, has been engaged in the building and ' Unless otherwise indicated, all dates are in 1984 274 NLRB No. 33 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD STOP-READ GATE #I THIS GATE IS RESERVED FOR THE EXCLUSIVE USE OF THE PERSONNEL , VISITORS, AND SUPPLIERS OF THE COMPANIES LISTED BELOW: RENAISSANCE DEVELOPMENT ALL OTHERS USE GATE 2. At gate 2, located about 70 feet south of gate 1, a sign was posted bearing the following legend: STOP-READ GATE #2 THIS GATE MAY NOT BE USED BY THE PERSONNEL, VISITORS, OR SUPPLIERS OF THE CONTRACTORS LISTED BELOW: RENAISSANCE DEVELOPMENT ALL OTHERS MUST USE THIS GATE. About 6 August, the Company , by its agent, Steven Council , sent a telegram to the Respondent describing the two-gate system and informing the Respondent that the two-gate system would be ef- fective as of 6 August. About 6, 7, 9, 10, and 13- 17 August, the Re- spondent, in furtherance of its dispute with the Company, picketed gate 2 with signs stating: RENAISSANCE DVPT. CO. UNFAIR LABOR PRACTICES LABORERS LOCAL 371. An object of the Respondent's picketing at gate 2 was to force or require the subcontractors to cease doing business with the Company , and/or to force or require Shamrock Ready-Mix to cease doing business with Conco Cement , in order to force or require Conco Cement to cease doing business with the Company. We find that by this conduct the Respondent en- gaged in unfair labor practices affecting commerce within the meaning of Section 8(b)(4)(i) and (ii)(B) of the Act. CONCLUSIONS OF LAW By engaging in picketing at gate 2 of the Yount- ville jobsite with an object of forcing or requiring Dean Bowen Plumbing, MPM Electric, Conco Cement Company, Western Sanitary, and Sham- rock Ready-Mix, or any other persons, to cease doing business with Renaissance Development, the Respondent has engaged in unfair labor practices affecting commerce within the meaning of Section 8(b)(4)(i) and (ii)(B) 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. ORDER The National Labor Relations Board orders that the Respondent , Laborers and Hodcarriers Local Union 371, Laborers International Union of North America, AFL-CIO, its officers, agents, and repre- sentatives, shall 1. Cease and desist from inducing or encouraging any individual employed by Dean Bowen Plumb- ing, MPM Electric, Conco Cement Company, Western Sanitary , Shamrock Ready-Mix, or any other person , to engage in a strike or refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods or articles, materials or commodities, or to perform any services, and/or threatening , coerc- ing, or restraining said persons where in either case an object thereof is to force or require them, or any other person, to cease doing business with Renaissance Development Contractor. 2. Take the following affirmative action neces- sary to effectuate the policies of the Act. (a) Post at its business office and meeting halls copies of the attached notice marked "Appendix."2 Copies of the notice, on forms provided by the Re- gional Director for Region 20, 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 members 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. (b) Sign and return to the Regional Director suf- ficient copies of the attached notice marked "Ap- pendix" for posting by Dean Bowen Plumbing, MPM Electric, Conco Cement Company , Western Sanitary, Shamrock Ready-Mix, if willing, in con- spicuous places, including all places where notices to their employees are customarily posted. 2 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 Nation- al Labor Relaitons Board " shall read "Posted pursuant to a Judgment of The United States Court of Appeals Enforcing an order of the National Labor Relations Board " LABORERS LOCAL 371 (RENAISSANCE DEVELOPMENT) (c) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. APPENDIX NOTICE TO EMPLOYEES AND MEMBERS 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 induce or encourage any individ- ual employed by Dean Bowen Plumbing, MPM 163 Electric, Conco Cement Company , Western Sani- tary, Shamrock Ready-Mix , or any other person, to engage in a strike or refusal in the course of their employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods or articles, materials or commodities , or to perform any services , and WE WILL NOT threaten , coerce, or restrain said persons where an object thereof is to force or require them, or any other person, to cease doing business with Renaissance Develop- ment Contractor. LABORERS AND HODCARRIERS LOCAL UNION 371, LABORERS INTERNATION- AL UNION OF NORTH AMERICA, AFL-CIO