Auto Resources Group of LAP

349 NLRB No. 4 Auto Resources Group of Lap and General Drivers, Warehousemen & Helpers, Local Union 89, af- filiated with the International Brotherhood of Teamsters. Case 9–CA–43000 January 16, 2007 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER The General Counsel in this case seeks default judg- ment on the ground that Auto Resources Group of LAP, the Respondent, has failed to file an answer to the com- plaint. Upon a charge and an amended charge filed by General Drivers, Warehousemen & Helpers, Local Union 89, affiliated with the International Brotherhood of Teamsters, the Union, on August 8 and October 3, 2006, respectively, the General Counsel issued the complaint on October 18, 2006, against the Respondent, alleging that it has violated Section 8(a)(1) and (5) of the Act. The Respondent failed to file an answer. On November 16, 2006, the General Counsel filed a Motion for Default Judgment and Memorandum in Sup- port of Motion with the Board. Thereafter, on November 21, 2006, the Board issued an order transferring the pro- ceeding 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 Default Judgment Section 102.20 of the Board’s Rules and Regulations provides 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, the Board may find, pursuant to a Motion for Default Judgment, that all the allegations in the complaint are true. Further, the undisputed allegations in the Motion for Default Judgment disclose that the Region, by letter dated November 6, 2006, notified the Respondent that unless an answer was received by November 13, 2006, a Summary Judgment Motion would be filed. In the absence of good cause being shown for the fail- ure to file a timely answer, we grant the General Coun- sel’s Motion for Default Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent, a corporation, has been engaged in providing automobile releasing and handling services for the Ford Motor Company at Ford’s Louisville Assembly Plant in Louisville, Kentucky. During the 12-month period preceding issuance of the complaint, the Respondent, in conducting its operations described above, provided services valued in excess of $50,000 to the Ford Motor Company which, in turn, sold and shipped goods valued in excess of $50,000 from its Louisville Assembly Plant directly to points outside the Commonwealth of Kentucky. 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 At all material times, the following individuals held the positions set forth opposite their respective names and have been supervisors of the Respondent within the meaning of Section 2(13) of the Act: Steve Renne - President Ryan Renne - Vice President of Operations Danielle Hockett - Director of Administration The following employees of the Respondent, the unit, as provided for in the National Master Automobile Transporters Agreement and local riders thereto, consti- tute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9(b) of the Act: All plant release and loading and unloading employees employed by [Respondent] at the [Ford Motor Com- pany] Louisville Assembly plant, but excluding all of- fice clerical employees and professional employees, guards and supervisors as defined in the National Labor Relations Act. Since about 2000, when the Respondent commenced performing services at the facility named above, the Un- ion has been the designated exclusive collective- bargaining representative of the unit employees, and since that date, 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 is effective from June 1, 2003, to May 31, 2008. At all times since 2000, based on Section 9(a) of the Act, the Union has been the exclusive collective- bargaining representative of the unit employed by the Respondent. Since about May 22, 2006, the Respondent has failed and refused to process any pending grievances as pro- vided for under Article VII of the collective-bargaining agreement described above. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 The subject set forth above relates to wages, hours, and other terms and conditions of employment of the unit and are mandatory subjects for the purposes of collective bargaining. By the conduct described above, the Respondent has failed to continue in effect the terms and conditions of the agreement described above. The Respondent engaged in the conduct described above without the consent of the Union. CONCLUSION OF LAW By failing to continue in effect the terms and condi- tions of the 2003–2008 agreement by failing and refusing to process any pending grievances as provided for under Article VII of the agreement, the Respondent has been failing and refusing to bargain collectively and in good faith with the exclusive collective-bargaining representa- tive of its employees, within the meaning of Section 8(d) of the Act, in violation of Section 8(a)(1) and (5) of the Act. The Respondent’s unfair labor practices affect commerce within the meaning of Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has engaged in cer- tain 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 violated Section 8(a)(5) and (1) by failing and refusing to bargain collectively and in good faith with the Union, we shall order the Respondent to recognize and bargain in good faith with the Union as the exclusive collective-bargaining representative of the unit employees. We shall also order the Respondent to process any grievances pending since about May 22, 2006, as provided for under Article VII of the 2003-2008 collective-bargaining agreement and make the unit em- ployees whole for any loss of earnings and other benefits they may have suffered as a result of the Respondent’s refusal, in the manner set forth in Ogle Protection Ser- vice, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir. 1971), with interest as provided in New Horizons for the Retarded, 283 NLRB 1173 (1987). ORDER The National Labor Relations Board orders that the Respondent, Auto Resources Group of LAP, Louisville, Kentucky, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to bargain collectively and in good faith with General Drivers, Warehousemen & Helpers, Local Union 89, affiliated with the International Brotherhood of Teamsters, as the exclusive collective- bargaining representative of its employees in the follow- ing unit: All plant release and loading and unloading employees employed by [Respondent] at the [Ford Motor Com- pany] Louisville Assembly plant, but excluding all of- fice clerical employees and professional employees, guards and supervisors as defined in the National Labor Relations Act. (b) Failing and refusing to continue in effect all the terms of the Respondent’s June 1, 2003–May 31, 2008 collective-bargaining agreement with the Union by fail- ing and refusing to process any pending grievances as provided for under Article VII of the collective- bargaining agreement. (c) In any like or related manner interfering with, re- straining, 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) Recognize and bargain in good faith with the Union as the exclusive collective-bargaining representative of the unit employees. (b) Process any grievances which were pending since about May 22, 2006, as provided for in Article VII of the 2003–2008 agreement, and make employees whole for any losses attributable to its unlawful conduct, in the manner set forth in the remedy section of this decision. (c) Within 14 days after service by the Region, post at its facility in Louisville, Kentucky, copies of the attached notice marked “Appendix.”1 Copies of the notice, on forms provided by the Regional Director for Region 9, after being signed by the Respondent’s authorized repre- sentative, shall be posted by the Respondent and main- tained for 60 consecutive days in conspicuous places including all places where notices to employees are cus- tomarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced or covered by any other material. In the event that, during the pendency of these proceedings, the Re- spondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall du- plicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Respondent at any time since on or about May 22, 2006. 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 Na- tional Labor Relations Board” shall read “Posted Pursuant to a Judg- ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” AUTO RESOURCES GROUP OF LAP 3 (d) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a re- sponsible official on a form provided by the Region at- testing to the steps that the Respondent has taken to comply. 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 vio- lated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT fail and refuse to bargain collectively and in good faith with General Drivers, Warehousemen & Helpers, Local Union 89, affiliated with the International Brotherhood of Teamsters, as the exclusive collective- bargaining representative of our employees in the follow- ing unit: All plant release and loading and unloading employees employed by us at the Ford Motor Company Louisville Assembly plant, but excluding all office clerical em- ployees and professional employees, guards and super- visors as defined in the National Labor Relations Act. WE WILL NOT fail and refuse to continue in effect all the terms and conditions of our June 1, 2003 to May 31, 2008 collective-bargaining agreement with the Union by failing to process any pending grievances as provided for under Article VII of the agreement. 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 recognize and bargain in good faith with the Union as the exclusive collective-bargaining representa- tive of our unit employees. WE WILL process any grievances which were pending since about May 22, 2006, as provided for in Article VII of the 2003–2008 agreement, and make employees whole for any losses attributable to our unlawful conduct, with interest. AUTO RESOURCES GROUP OF LAP