Long Stretch Youth Home, Inc.

LONG STRETCH YOUTH HOME Long Stretch Youth ,Home, Inc. and Maryland State Employees Council 92,, AFSCME, AFL-CIO. Case 5-CA-16242 29 April,1987 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN AND CRACRAFT Upon a charge filed by the Union 12 March 1984 and an amended charge, filed 11 April 1984, the General Counsel of the National Labor Relations Board issued a complaint 21 October 1986 against the Company, the Respondent, alleging that it has violated Section 8(a)(1) and (3) of the National Labor Relations Act. Although properly served copies of the charges and complaint, the Company has failed to file an answer.' On 26 February 1987 the General Counsel filed a Motion for Summary Judgment: On 2 ' March 1987 the Board issued, an order transferring the proceed- ing 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 unless good cause is shown. The complaint states that unless an answer is filed "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 allegations in `the Motion for Sum- mary Judgment disclose that the Regional Office, by letters dated 10' November 1986 and 28 January 1987 and sent by certified mail, notified' the Com- pany that unless an answer was received immedi- ately, a Motion for Summary Judgment would be filed.2 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. i On 30 October 1986 the complaint, which was served by certified mail, was returned to the Regional Office by the Postal Service. The un- opened envelope containing the complaint indicated that delivery had been refused. 2 The Respondent refused delivery of these letters. In addition, a Board agent visited the residence of the Respondent's executive director, William Platter, and, receiving no response at, the door, affixed to the door a copy of the Regional Office's 28 `January 1987 letter to the Re- spondent. The Regional Office received no response to this service. 283 NLRB ' No. 120 781 On the entire record, the Board makes the fol•• lowing FINDINGS OF FACT 1. JURISDICTION The Company, a Maryland nonprofit corpora- tion, operates a residential facility for teenaged boys in Frostburg, Maryland, where it annually de- rives gross revenues in excess of $250,000. We take official notice of the Board's previous assertion of jurisdiction with respect to the Company.3 We find that the Company is an employer engaged in com- merce within the meaning of Section 2(6) and (7) of the Act and that the Union is a labor organiza- tion within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES At all times material, William Platter has been the Respondent's excutive director. As such, Plat- ter is a supervisor within the meaning of Section 2(11) of the Act and an agent of the Respondent within the meaning of Section 2(13) of the Act. About 6 November 1983 Platter attempted to discourage employees' activities on behalf' of the Union by suggesting they resign, threatening them with discharge, telling them they were to blame for the poor financial condition of 'the Respondent, and telling them they were irreligious because of their union activities. About 10 November 1983 Platter threatened employees with reduction of their bene- fits and services for clients and possible furloughs because of their union activities. About 27 October 1983 the Respondent discharged employee Terry Galica and about 1 December 1983 discharged em- ployee John Footen because they joined, support- ed, or assisted the Union, and engaged in concerted activities for the purpose of collective, bargaining or other mutualaid or protection. ' Based on the above, we fmd that Platter's state- ments to employees relating to their union activi- ties violated Section 8(a)(1) of the Act. We further find that the Respondent violated Section 8(a)(3) and (1) by discharging employees Galica and Footen for their union and protected conceited ac- tivities. CONCLUSIONS OF LAW 1. By coercively suggesting to employees that they resign, threatening employees with discharge, telling employees they were to blame for the Re- spondent's poor financial condition, telling e;mploy- 8 280 NLRB 678 (1986) (Chairman Dotson dissenting) The Respondent's refusal to accept delivery 'of certified mail should not serve to defeat the purposes of the Act. Michigan Expediting Service, 282 NLRB 210 (1986). 782 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD ees they were irreligious because of their union ac- tivities, and threatening employees with reduction of their benefits and services for clients and possi- ble furloughs, the Company has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and Section 2(6) and (7) of the Act. 2. By discriminatorily discharging employees Terry Galica about 27 October 1983 and John Footers about 1 December 1983, the Company vio- lated Section 8(a)(3) and (1). 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. The Respondent, having discriminatorily dis- charged two employees, must offer them reinstate- ment and make them whole for any loss of earn- ings and other benefits, computed on a quarterly basis from date of discharge to the date of a proper offer of reinstatement, less any net earnings as pre- scribed in F. W. Woolworth Co., 90 NLRB 289 (1950), plus interest as computed in Florida Steel Corp., 231 NLRB 651 (1977). We deny as unneces- sary the General Counsel's request for a visitatorial provision. ORDER The National Labor Relations Board orders that the Respondent, Long Stretch Youth Home, Inc., Frostburg, Maryland, its officers, agents, succes- sors, and assigns, shall 1. Cease and desist from (a) Discharging or otherwise discriminating against any employee for engaging in union activi- ty or concerted activity for the purpose of collec- tive bargaining or other mutual aid or protection. (b) Coercively suggesting to employees that they resign, threatening employees with discharge, tell- ing employees they are to blame for the Company's poor, financial condition, telling employees they are irreligious because of their union activities, and threatening employees with reduction of their ben- efits and services for clients and possible furloughs. (c) 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) Offer Terry Galica and John Footen immedi- ate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equiva- lent positions, without prejudice to their seniority or any other rights or privileges previously en- joyed, and make them whole for any loss of earn- ings and other benefits suffered as a result of the discrimination against them, in the manner set forth in the remedy section of the decision. (b) Remove from its files any reference to the unlawful discharges and notify the employees in writing that this has been done and -that the dis- charges will -not be used against them in any way. (c) Preserve and, on request,, make available to the Board or its agents for examination and copy- ing, all payroll records, social security payment records, timecards, personnel ,records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. (d) Post at its facility in Frostburg, Maryland, copies of the attached notice marked "Appendix."4 Copies of the notice, on forms provided by the Re- gionalDirector for -Region 5, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately upon re- ceipt and maintained for 60 ' consecutive days in conspicuous places including all places where no- tices to employees are customarily posted. Reason- able steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. (e) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. CHAIRMAN DOTSON, dissenting. In accord with my dissent in Long Stretch Youth Home, 280 NLRB 678 (1986), I would not exercise the Board's jurisdiction over the Respondent. 4 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 At and has ordered us to post and abide by this notice. WE WILL NOT discharge or otherwise discrimi- nate against any of you for your activities on behalf of Maryland State Employees Council 92, LONG STRETCH YOUTH HOME AFSCME, AFL-CIO, or any other union, or for your concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection. WE WILL NOT coercively suggest that you resign, threaten you with discharge, tell you that you are to blame for the Company's poor financial condition, tell you that you are irreligious because of your union activities, or threaten you with re- duction of your benefits and services for clients and possible furloughs. 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. 783 WE WILL offer Terry Galica and John Footen immediate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantial- ly equivalent positions, without prejudice to their seniority or any other rights or privileges previous- ly enjoyed and WE WILL make them whole for any :loss of earnings and other benefits resulting from their discharge, less any net interim -earnings, plus interest. WE WILL notify each of them that we have re- moved from our files any reference to their dis- charge and that the discharge will not be used ,against them in any way. LONG STRETCH YOUTH HOME, INC.