Quaker Rubber Co.

4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Quaker Rubber Company and Teamsters Union Local No. 115. Cases 4-CA-15167-4 and 4- CA-15167-5 28 March 1986 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS DENNIS AND BABSON Upon a charge filed by the Union 10 September 1985 and 1 October 1985,1 the General Counsel of the National Labor Relations Board issued a con- solidated complaint 23 October against the Compa- ny, the Respondent, alleging that it has violated Section 8(a)(1) of the National Labor Relations Act. Although properly served copies of the charges and consolidated complaint, the Company has failed to file an answer. On 16 January 1986 the General Counsel filed a Motion for Summary Judgment. On 24 January 1986 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 delegat- ed 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 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 of the allegations in the Consolidated Complaint shall be deemed to be admitted to be true and may be so found by the Board." Further, the undisputed allegations in the Motion for Sum- mary Judgment disclose that the General Counsel, by letter dated 12 December, notified the Company that unless an answer was received by 3 January 1986, 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 Judg- ment.2 On the entire record, the Board makes the fol- lowing ' All dates refer to 1985 unless otherwise noted. 8 The General Counsel's request for a visitatonal provision in the Order is denied FINDINGS OF FACT 1. JURISDICTION The Company, a Pennsylvania corporation, is en- gaged in the manufacture of escalator handrails at its facility in Philadelphia, Pennsylvania, where in the past year, a representative period, it sold and shipped goods valued in excess of $50,000 directly to points outside the Commonwealth of Pennsylva- nia. We find that the Company is an employer en- gaged 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 28 June the Respondent's empolyees began a strike, accompained by picketing, which was con- tinuing at the time the complaint issued . On 4 Sep- tember, the Respondent's president, C. E. Bellew, struck a picketing employee with his automobile near a gate to the Respondent's facility. On 13 Sep- tember Bellew drove an automobile toward strik- ing employees and union representatives who were congregated near a gate of the facility and stopped short of hitting them. He then threatened them with unspecified reprisals. On 30 September Bellew blocked the movement of vehicles, including auto- mobiles, being driven by employees and a union picket, wove in and out of traffic in an attempt to force the vehicles out of their lanes and off the roadways, cut in front of the vehicles, and side- swiped one of the cars being driven by a union picket. These acts occurred on Tacony Street and Interstate 95 in Philadelphia, Pennsylvania. Later that day, Bellew brandished an iron pipe at striking employees while approaching them near the facili- ty. We find that the Respondent, by striking a pick- eting employee with an automobile; by driving an automobile toward striking employees and union representatives and threatening them with unspeci- fied reprisals; by blocking the movement of em- ployees' and union pickets' vehicles on roadways; by attempting to run these vehicles off the road; by sideswiping a union picket's car; and by brandish- ing an iron pipe at striking employees, has violated Section 8(a)(1) of the Act. CONCLUSIONS OF LAW By striking a picketing employee with an auto- mobile; by driving an automobile toward striking employees and union representatives and threaten- ing them with unspecified reprisals; by blocking the movement of vehicles being driven by employees and union pickets; by attempting to run these vehi- 279 NLRB No. 3 QUAKER RUBBER CO. Iles off the road; by sideswiping a union picket's car; and by brandishing an iron pipe at striking em- ployees, the Company has engaged un unfair labor practices affecting commerce within the meaning of Section 8(a)(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. ORDER The National Labor Relations Board orders that the Respondent, Quaker Rubber Co., Philadelphia, Pennsylvania, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Striking picketing employees with an automo- bile. (b) Driving an automobile toward striking em- ployees and union representatives and threatening them with unspecified reprisals. (c) Blocking the movement of employees' and union pickets' vehicles on roadways, attempting to run these vehicles off the road, and sideswiping a union picket's car. (d) Threatening striking employees by brandish- ing an iron pipe at them. (e) In any like or related manner interfering with, restraining, or coercing employees in the ex- ercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action neces- sary to effectuate the policies of the Act. (a) Post at its facility in Philadelphia, Pennsylva- nia, copies of the attached notice marked "Appen- dix."3 Copies of the notice, on forms provided by 3 If this Order is enforced by a judgment of a United States court of appeals, the words m the notice reading "Posted by Order of the Nation- al Labor Relations Board" shall read "Posted Pursuant to a Judgment of 5 the Regional Director for Region 4, after being signed by the Respondent's authorized representa- tive, shall be posted by the Respondent immediate- ly 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. (b) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. 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 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 strike picketing employees with an automobile. WE WILL NOT drive an automobile toward strik- ing employees and union representatives or threat- en them with reprisals. WE WILL NOT block the movement of vehicles being driven by employees and union pickets, weave in and out of traffic in an attempt to run these vehicles out of their lanes and off the road, cut in front of these vehicles, or sideswipe these vehicles. WE WILL NOT threaten employees with a pipe. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exer- cise of the rights guaranteed you by Section 7 of the Act. QUAKER RUBBER COMPANY