Princess Pastries

PRINCESS PASTRIES AbdulIah F. Dirani d/b/a Princess Pastries and Bakery, Confectionery and Tobacco Workers International Union, Dx;al 12, AFL-CIO. Case 6-CA-19168 10 December 1986 DECISION AND ORDER BY CHAIRMAN DOTsoN AND MEMBERS BABSON AND STEPHENS Upon a charge filed, by the Union 5 June 1986, and a first amended charge filed 25 July 1986, the General Counsel of the National Labor Relations Board issued a complaint and notice of hearing 30 July 1986 against the Company, the Respondent, alleging that it has violated Sections 8(a)(1) and (5) and 8(d) of the National Labor -Relations Act. Al- though properly served copies of the charge, amended charge, and complaint, the Company has failed to file an answer.' On 10 September 1986 the General Counsel filed a Motion for Summary Judgment, with exhibits at- tached. On 11 September 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 undis- puted. 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 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 Regional Attorney for Region 6, by letter dated 25 August 1986, notified the Company that unless an answer was received by the close of business on the third business day following receipt of the letter or unless an extension of time for filing an answer was granted, 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 399 I. JURISDICTION The Company is engaged in the` operation of a retail bakery at its facility in New Kensington, Pennsylvania. The Company commenced its oper- ations about 14 April 1986. Based on a projection of its operations since that time the Company will annually, derive gross revenues in excess of $500,000 and will purchase and receive at its New Kensington, Pennsylvania facility products, goods, and materials in excess of $50,000 directly from points outside the Commonwealth of Pennsylvania. 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 or- ganization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES From about 1966 to about 13 April 1986, Prin- cess Pastries, Inc., a Pennsylvania corporation with an office and place of business in New Kensington, Pennsylvania, was engaged in the operation of a retail bakery. On 2, July 1979, the Bakery, Confec- tionery and Tobacco Workers International Union, Local 12, AFL-CIO (the Union) was certified as the exclusive bargaining representative for the fol- lowing employees of Princess Pastries, Inc.: All employees employed by Princess Pastries, Inc. at its New Kensington, Pennsylvania, fa- cility, including bakers, bakers' helpers, bench hands, icers and sanitation employees; exclud- ing all sales clerks, truckdrivers, office clerical employees and guards, professional employees and supervisors as defined in the Act. At, all times material herein and until 13 April 1986, the Union was the exclusive representative of the employees in the above unit. About 14 April 1986 the Respondent purchased the assets, name, and good will of Princess Pastries, Inc., including the equipment, supplies, and materials, and since that date has been engaged in the same business op- erations, at a nearby location, selling the same products to substantially the same customers, and has as a majority of its employees individuals who were previously employees of Princess Pastries, Inc. The Respondent has continued the' employing entity and is a successor of Princess Pastries, Inc. The following employees of the Respondent con- stitute a unit appropriate for the purpose of collec- tive bargaining within the meaning of Section 9(b) of the Act: All employees employed by the Respondent at its 925 Fourth Avenue, New Kensington, 282 NLRB No. 49 400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pennsylvania, facility, including bakers, bakers' helpers, bench hands, icers and sanitation em- ployees; excluding all sales clerks, truckdriv- ers, office clerical employees and guards, pro- fessional employees and supervisors as defined in the Act. Since about 14 'April 1986, and at all times mate- rial herein, the Union has been and is the exclusive bargaining representative of the above unit for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment. About 4 June and 13 June 1986, the Union, by letter, requested the Respondent to bargain collec- tively with it as the exclusive representative of the employees in the above unit. Since 13 June 1986, the Respondent has failed and refused to recognize and bargain with the Union as the exclusive bar- gaining representative of its employees in the unit. CONCLUSIONS OF LAW 1. _By failing and refusing to recognize and bar- gain with the Union as the exclusive bargaining representative of its employees in the unit, the Company has engaged in unfair labor practices within the meaning of Sections 8(a)(1) and (5) and 8(d) of the Act. 2. The unfair labor practices of the Respondent described above affect commerce within the mean- ing of 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. Having found that the Respondent unlawfully failed and refused to recognize and bargain with the Union as the exclusive bargaining 'representa- tive of the employees in the above unit, we shall order that the Respondent recognize and bargain on request with the Union.' ORDER The National Labor Relations Board orders that the Respondent, Abdullah F. Dirani d/b/a Princess Pastries, New Kensington, Pennsylvania, its offi- cers, agents, successors, and assigns, shall 1. Cease and desist from 1 The General Counsel requests a visitatonal clause authorizing the Board, for compliance purposes, to obtain discovery from the Respond- ent under the Federal Rules of Civil Procedure under the supervision of the United States Court of Appeals enforcing this Order. Under the cir- cumstances of this case, we find it unnecessary to include such a clause. Accordingly, we deny the General Counsel's request. (a) Failing and refusing to bargain with Bakery, Confectionery and Tobacco Workers International Union, Local 12, AFL-CIO as the exclusive bar- gaining representative of the employees in the bar- gaining unit set forth below. (b) 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) On request, bargain with the Union as the ex- clusive representative of the employees in the fol- lowing appropriate unit on terms and conditions of employment and, if an understanding is reached, embody the understanding in a signed agreement: All employees employed by the Respondent at its 925 Fourth Avenue, New Kensington, Pennsylvania, facility, including bakers, bakers' helpers, bench hands, icers and sanitation em- ployees; excluding all sales clerks, truckdriv- ers, office clerical employees and guards, pro- fessional employees and supervisors as defined in the Act. (b) Post at its facility in New Kensington, Penn- sylvania, copies of the attached notice, marked "Appendix."2 Copies of the notice, on forms pro- vided by the Regional Director for Region 6, after being signed by the Respondent's authorized repre- sentative, shall be posted by the Respondent imme- diately upon receipt and maintained for 60 consec- utive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Re- spondent to ensure that the notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. 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 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 The National Labor Relations Board has found that we violated the National Labor Relations Act and has or- dered us to post and abide by this notice. PRINCESS PASTRIES WE WILL NOT fail and refuse to bargain collec- tively concerning rates of pay, wages, hours, and other terms and " conditions of employment with Bakery, Confectionery and Tobacco Workers International Union, Local 12, AFL-CIO as the exclusive bargaining , representative of the employ- ees in the bargaining unit described below. 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. WE WILL, on request, bargain with the ' Union and put in writing and sign any agreement reached 401 on terms and conditions of employment for our employees in the bargaining unit: All employees employed by us at our 925 Fourth Avenue, New Kensington, Pennsylva- nia, facility, including bakers, bakers' helpers, bench hands, icers and sanitation employees; excluding all sales clerks, truckdrivers , office clerical employees and guards, professional employees and supervisors as defined in the Act. ADBULLAH F. DIRANI D/B/A PRIN- CESS PASTRIES