Clean and Shine

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Clean and Shine and Union Trabajadores Indus- triales de Puerto Rico. Case 24-CA-4341 December 5, 1980 I)ECISION AND ORDER BY MEMBI.RS JNKINS, P NI.I.O, ANI) ZIMMERMAN Upon a charge filed on June 27, 1980,' by Union Trabajadores Industriales de Puerto Rico, herein called the Union, and duly served on Clean and Shine, herein called Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 24, issued a com- plaint on August 1, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(3) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge and the com- plaint and notice of hearing before an administra- tive law judge were duly served on the parties to this proceeding. With respect to the unfair labor practices, the complaint alleges in substance that, on or about May 19, Respondentdischarged employees Javier and Estrella Ocasio and Samuel Rodriguez and has, since then, refused to reinstate or offer to reinstate said employees because of their membership in and activities on behalf of the Union and because they engaged in protected concerted activities. The complaint further alleges that, on or about May 16, Respondent unlawfully interrogated individual em- ployees concerning their membership in and sup- port for the Union; threatened, on that same day; an employee with discharge if he continued his membership in and support for the Union; prohibit- ed an employee from entering into a restaurant complex, known as "La Terraza," where Respond- ent's office is located, solely because of that em- ployee's membership in and activities on behalf of the Union; and, during that same incident, in- formed another employer, known as "Delicioso," that said employee should not be hired because of his activities on behalf of and membership in the Union. Respondent has failed to file an answer to the complaint and, therefore, these allegations stand uncontroverted. On September 3, counsel for the General Coun- sel filed directly with the Board a "Motion for Summary Judgment for Failure To File Answer" and a petition in support thereof, with exhibits at- tached. Subsequently, on September 5, the Board issued an order transferring the proceeding to the ' All dale, hercinafter arc in 1980, unless otherwise indicated Board and a Notice To Show Cause why the Gen- eral Counsel's Motion for Summary Judgment should not be granted. Respondent did not file a response to the Notice To Show Cause. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment Section 102.20 of the Board's Rules and Regula- tions, Series 8, as amended, provides as follows: The respondent shall, within 10 days from the service of the complaint, file an answer there- to. The respondent shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. All allegations in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the respondent shall state in the answer that he is without knowledge, shall be deemed to be admitted to be true and shall be so found by the Board, unless good cause to the contrary is shown. The complaint and notice of hearing served on Respondent specifically states that unless an answer to the complaint is filed by Respondent within 10 days of service thereof, "all of the allegations in the complaint shall be deemed to be admitted by it to be true and may be so found by the Board." Furthermore, according to General Counsel's Ex- hibit E, on August 18 the Regional Director for Region 24 sent a letter to Respondent informing it that an answer to the complaint had not yet been received and further advising it that unless an answer to the complaint was received by August 26, counsel for the General Counsel would move for summary judgment. No answer was received from Respondent by August 26, or by September 3, the date the Motion for Summary Judgment was filed. No good cause for failure to file an answer having been shown, in accordance with the rule set forth above, the allegations of the complaint are deemed to be admitted as true. Accordingly, we find to be true all the allegations of the complaint and, furthermore, hereby grant the General Coun- sel's Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: 253 NLRB No. 90 610 CLFAN ANt) SHINE FINIIN(S OF FACT I. THE BUSINESS O RESPONI)LNT Respondent, a Puerto Rico corporation, is en- gaged in the business of providing janitorial serv- ices and maintains an office and place of business in "La Terraza" restaurant complex situated in the Plaza Las Americas shopping center in Hato Rey, Puerto Rico. During the past calendar year, which period is representative of its annual operations generally, Respondent, during the course and con- duct of its business, provided janitorial services valued in excess of $50,000 for Plaza Las Americas, Inc., a corporation which is engaged directly in in- terstate commerce. On the basis of the foregoing, we find that Re- spondent is, and has been at all times material herein, an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein. II. I HEI LABOR ORGANIZATION INVOl.VEI) Union Trabajadores Industriales de Puerto Rico is a labor organization within the meaning of Sec- tion 2(5) of the Act. lIt. THE NFAIR ABOR PRACTICES A. The 8(a)(3) and (1) Violations On or about May 19, Respondent discharged em- ployees Ocasio and Rodriguez and has, since then, refused and continues to refuse to reinstate said em- ployees because of their membership in and activi- ties on behalf of the Union and because they en- gaged in other concerted activities for the purpose of collective bargaining and other mutual aid and protection. We find that by engaging in the above-described conduct. Respondent has discriminated, and contin- ues to discriminate, against Ocasio and Rodriguez in regard to their hire or tenure of employment in order to discourage union or other protected con- certed activities and that by so doing Respondent has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(a)(3) and (I) of the Act. B. The 8(a)(1) Violations In addition to the conduct described above in section 111, A, Respondent, through its supervisor, Luis Font, committed the following acts: I. On or about May 16, it interrogated individual employees concerning their membership in and ac- tivities on behalf of the Union. 2. On or about the same day, Respondent threat- ened an employee with discharge if said employee continued his membership in and support for the Union. 3. On or about June 2 or 3, Respondent prohibit- ed an employee of Plaza Las Americas, Inc., from entering into the public area of "La Terraza" res- taurant complex and, in the course of this incident, informed Manolo Navarro, supervisor of the "Deli- cioso" restaurant which is situated in the restaurant complex, that said employee should not be hired because of his membership in and support for the Union. We find that by engaging in the conduct de- scribed above Respondent has interfered with, re- strained, and coerced, and is interfering with, re- straining, and coercing its employees in the exer- cise of the rights guaranted them by Section 7 of the Act. Accordingly, we find that Respondent has thereby engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(a)(1) of the Act. IV. THE EFFECT OF THE UNFAIR I ABOR PRACTICES UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with its oper- ations as described in section 1, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and ob- structing commerce and the free flow of conm- merce. CONCI.USIONS OF LAW I. Clean and Shine is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Union Trabajadores Industriales de Puerto Rico is a labor organization within the meaning of Section 2(5) of the Act. 3. By discharging employees Javier Estrella Ocasio and Samuel Rodriguez because they were members of, or engaged in activities in support of, the Union, and because they engaged in other pro- tected concerted activity for their mutual aid and protection, Respondent violated Section 8(a)(3) and (1) of the Act. 4. By the acts described in section II B. B. above. Respondent did interfere with, restrain, and coerce, and is interfering with, restraining, and coercing. employees in the exercise of their Section 7 rights. and thereby did engaged in, and is engaging in, unfair labor practices within the meaning of Sec- tion 8(a)(1) of the Act. 611] DECISIONS OF NATIONAL LABOR RELATIONS BOARD 5. The aforesaid unfair labor practices are unfair labor practices within the meaning of Section 2(6) and (7) of the Act. THE REMEDY Having found that Respondent engaged in and is engaging in unfair labor practices within the mean- ing of Section 8(a)(3) and (1) of the Act, we shall order that it cease and desist therefrom, and take certain affirmative action designed to effectuate the policies of the Act. Respondent shall be ordered to offer employees Javier Estrella Ocasio and Samuel Rodriguez full and immediate reinstatement to their former jobs or, if such jobs no longer exist, to substantially equivalent jobs, without prejudice to their seniority or other rights and privileges previously enjoyed, and make them whole for any loss of pay they may have suffered by reason of the discrimination against them from the date of their discharge to the date of Respondent's offer of reinstatement. Back- pay is to be paid in accordance with the formula prescribed in F. W. Woolworth Company, 90 NLRB 289 (1950), with with interest to be computed in the manner prescribed in Florida Steel Corporation, 231 NLRB 651 (1977).2 Respondent shall further be ordered to cease and desist from in any like or related manner interfer- ing with, restraining, or coercing its employees in the exercise of the rights guaranteed them by Sec- tion 7 of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the Respondent, Clean And Shine, Hato Rey, Puerto Rico, its offi- cers, agents. successors, and assigns, shall: 1. Cease and desist from: (a) Discharging employees because they are members of, or engaged in activities on behalf of, Union Trabajadores Industriales de Puerto Rico, or because they engaged in other protected concerted activities. (b) Threatening its employees with discharge be- cause of their continued membership in and sup- port for the above-mentioned Union. (c) Interrogating its employees concerning their membership in and activities on behalf of the Union. (d) Prohibiting employees from entering into public areas and attempting to have employees blacklisted because they were members of, or en- gaged in activities on behalf of, the Union. See, generally. Ils Plumbing & Ieauing Co., 138 NLRB 16 (1962). (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 to effec- tuate the policies of the Act: (a) Offer employee Javier Estrella Ocasio and Samuel Rodriguez full and immediate reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent jobs, without prej- udice to their seniority or other rights and prvi- leges previously enjoyed, and make them whole for any loss of pay they may have suffered by reason of the discrimination against them in the manner set forth in the section of this Decision entitled "The Remedy." (b) Preserve and, upon request, make available to the Board or its agents, for examination and copy- ing, all payroll records, social security payment re- cords, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. (c) Post at its Hato Rey, Puerto Rico, facility, copies of the attached notice marked "Appendix." 3 Copies of said notice, prepared in both Spanish and English, on forms provided by the Regional Direc- tor for Region 24, after being duly signed by Re- spondent's representative, shall be posted by it im- mediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in con- spicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (d) Notify the Regional Director for Region 24, in writing, within 20 days from the date of this Order, what steps Respondent has taken to comply herewith. :' In the event that 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 National Labor Relations Board" shall read "Posted Pursu- ant 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 have violated the National Labor Relations Act and has ordered us to post this notice. 612 CI.EAN ANI) SHINE The Act gives employees the following rights: To engage in self-organization To form, join, or assist any union To bargain collectively through repre- sentatives of their own choice To engage in activities together for the purpose of collective bargaining or other mutual aid or protection To refrain from the exercise of any or all such activities. WE Wl.L NOT discharge or discriminate against any of our employees because of their membership in or activities in support of Union Trabajadores Industriales de Puerto Rico, or any other labor organziation. WE WILl. NOI threaten our employees with discharge because they are members of and/or have supported the above-mentioned Union or any other labor organization. WE Wll.!. NO'I interrogate our employees concerning their activities on behalf of or membership in the above, or any other, labor organziation. Wt. Will . NOt deny employees access to "La Terraza" restaurant complex and wl. winl. not attempt to blacklist employees by telling other employers that said employees should not be hired because of their member- ship in and activities on behalf of the above Union or any other labor organziation. WE wll NOI ill ally like or related manner interfere with, restrain, or coerce our employ- ees in the exercise of the rights guarantee them by Section 7 of the Act. WE wii.i offer employees Javier Estrella Ocasio and Samuel Rodriguez immediate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent jobs, without prejudice to their se- niority or other rights and privileges previous- ly enjoyed, and WE wit i make them whole for any loss of earnings they may have suf- fered as a result of our discrimination against them, with interest. CLEAN ANI) SHINE h13