Westchester Lithographers, Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1979

241 N.L.R.B. 571 (N.L.R.B. 1979)

WESTCHESTER LITHOGRAPHERS. IN(C.
Westchester Lithographers, Inc. and Local , Amalga-
mated Lithographers of America, affiliated with In-
ternational Typographical Union, AFL-CIO. Case
2 CA-15941
March 29, 1979
DECISION AND ORDER
BY MEMBLRS JFNKINS, MURPHY, AND TRUESDALE
Upon a charge filed on October 17, 1978, by Local
1, Amalgamated Lithographers of America, affiliated
with International Typographical Union, AFL-CIO.
herein called the Union, and duly served on West-
chester Lithographers. Inc., herein called Respon-
dent, the General Counsel of the National Labor Re-
lations Board, by the Regional Director for Region 2.
issued a complaint on November 28. 1978. against
Respondent, alleging that Respondent had engaged
in and was engaging in unfair labor practices affect-
ing commerce within the meaning of Section 8(a)(I)
and (5) and Section 2(6) and (7) of the National La-
bor Relations Act, as amended. Copies of the charge,
complaint, and notice of hearing before an Adminis-
trative Law Judge were duly served on the parties to
this proceeding.
With respect to the unfair labor practices. the com-
plaint alleges that on June 29, 1978, the Union was
designated by a majority of the employees in an ap-
propriate unit:' that on July 10, 1978, the Union was
certified as the exclusive bargaining representative of
the employees in said unit; that at all times since that
date the Union has been, and is, the exclusive bar-
gaining representative of all employees in said unit;
and that on or about September 13, 1978. and at all
times thereafter. Respondent has refused, and contin-
ues to date to refuse, to bargain collectively with the
Union, although the Union has requested it to do so.
It is further alleged that by letter dated September 13,
1978, the Union requested that Respondent furnish
the following information: (1) names, classifications.
job duties, and the present wages of the lithographic
unit; (2) working conditions including hours and
overtime rates; and (3) the Company's welfare pro-
gram (hospitalization, medical, and pension). and
that Respondent has failed and refused to furnish the
above requested information and data which are nec-
essary for and relevant to the Union's performance of
i Official notice is taken of the record in the representation proceeding.
Case 2-RC 18008, as the term "record" is defined in Secs. 102.68 and
102.6
9
(g) of the Board's Rules and Regulations. Series 8. as amended. See
LTV Elercrossslems. Inc., 166 NLRB 938 ( 197), enfd 388 F.2d 683 (4th Cir
1968); Golden Age Beverage Co., 167 NLRB 151 (1967), enfd. 415 F.2d 26
(5th Cir. 1969): Iniert'pe CoI v. Penello, 269 F.Supp. 573 (D. C. Va . 1967).
Follett Corp.. 164 NLRB 378 (1967), enfd. 397 F.2d 91 (7th Cir. 1968); Sec.
9(d) of the NLRA. as amended.
its function as collective-bargaining representative of
the employees in the appropriate unit. Respondent
has failed to file an answer to the complaint.
On January 25. 1979, the counsel for the General
Counsel filed directly with the Board a Motion fbr
Summary Judgment. Subsequently, on February 1.,
1979, the Board issued an order transferring the pro-
ceeding to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granied. Respondent did not
file a response to the Notice To Show Cause. Accord-
ingly, the allegations of the Motion for Summary
Judgment stand uncontroverted.
Pursuant to he provisions of Section 3(b) of the
National Labor Relations Act, as amended. the Na-
tional Labor Relations Board has delegated its au-
thoritv 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 thereto.
The respondent shall specifically admit, deny, or
explain each of the facts alleged in the com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
such statement operating as a denial. All allega-
tions 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 admit-
ted 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 Re-
spondent specifically states that unless an answer was
filed within 10 days from the service of the complaint
"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." The complaint was served on
Respondent by registered mail on or about Novem-
ber 29, 1978. On December 18, 1978, Richard C.
DeSteno, the counsel for the General Counsel, in-
formed Henry Riebesehl, Respondent's agent and
president, by telephone, that no answer had been re-
ceived, and it was overdue. On January 2, 1979, Mr.
DeSteno again spoke to Henry Riebesehl on the tele-
phone. Mr. Riebesehl was informed at that time that
the answer had still not been received, and that if it
was not received within the next couple of days, a
241 NLRB No. 77
571
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Motion for Summary Judgment would be made. Mr.
Riebesehl stated that he would get the answer right
out. No answer has yet been filed. Further. at no time
has Respondent requested an extension of time within
which to file an answer. Since Respondent has not
filed an answer to the complaint or shown good cause
for failure to do so, the allegations of the complaint
are deemed, and are found, to be true. Accordingly,
we grant the General Counsel's Motion for Summary
Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FA(T
I. HE BUSINESS OF THE RESPONDENT
Respondent is a New York corporation, with its
principal office and place of business at 34 Weyman
Avenue. New Rochelle, New York. where it is en-
gaged in providing lithographic services to various
commercial and individual customers. Annually, Re-
spondent provides services at its New Rochelle, New
York, facility valued in excess of $50,000 directly to
other enterprises and individuals located within the
State of New York, including, inter alia, Technicon
Corporation, each of which other enterprises either
have gross annual retail sales in excess of $500,000 at
the retail facility where the goods and materials were
shipped, or are engaged in the nonretail sale and dis-
tribution of goods and materials and either annually
purchase goods and materials valued in excess of
$50,000 which are shipped to the enterprise within the
State of New York directly from points outside the
State of New York, or annually sell and ship goods
and materials valued in excess of $50,000 from the
State of New York directly to points outside the State
of New York.
We find, on the basis of the foregoing, that Respon-
dent 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.
All full-time and regular part-time lithographic
production employees employed by Respondent
at 34 Weyman Avenue, New Rochelle, New
York facility excluding all other employees, of-
fice clerical employees, guards and all supervi-
sors as defined in Section 2(11) of the Act.
The Union was duly selected as the collective-bar-
gaining representative of the employees in said unit
on or about June 29, 1978, in a secret-ballot election
conducted under the supervision of the Regional Di-
rector for Region 2 and was certified on July 10, 1978,
as the exclusive bargaining representative of said em-
ployees and continues to be such within the meaning
of Section 9(a) of the Act.
Commencing on or about September 13, 1978, and
at all times thereafter, the Union has requested Re-
spondent to bargain collectively with it as the exclu-
sive collective-bargaining representative of all the em-
ployees in the above-described unit. Commencing on
or about September 13, 1978, and continuing at all
times thereafter to date, Respondent has refused, and
continues to refuse, to recognize and bargain with the
Union as the exclusive representative for collective
bargaining of all employees in said unit. Further,
since on or about September 13, 1978, the Union has
requested information and data which is necessary
for and relevant to the Union's performance of its
function as the collective-bargaining representative of
the employees in the above-described unit. Since on
or about September 13, 1978, Respondent has failed
and refused to furnish the requested information and
data.
Accordingly, we find that Respondent, since Sep-
tember 13, 1978, and at all times thereafter, has re-
fused to bargain collectively with the Union as the
exclusive representative of the employees in the ap-
propriate unit, and has since September 13, failed and
refused to furnish information and data which are
necessary for and relevant to the Union's perform-
ance of its function as the collective-bargaining repre-
sentative of the employees in the appropriate unit,
and that, by such actions, Respondent has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) of the Act.
II. TIlE LABOR ORGANIZATION INVOLVED
Local I, Amalgamated Lithographers of America,
affiliated with International Typographical Union,
AFL CIO, is a labor organization within the mean-
ing of Section 2(5) of the Act.
III. THE UNFAIR ABOR PRACTICES INVOL VED
The following employees of Respondent constitute
a unit appropriate for collective-bargaining purposes
within the meaning of Section 9(b) of the Act:
IV. THE EFFECTS OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondent set forth in section
III, above, occurring in connection with its operations
described in section I, above, have a close, intimate,
and substantial relationship to trade, traffic, and com-
merce among the several States and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
572
WESTCHESTER LITHOGRAPHERS, INC
V REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(5) and (1) of the Act, we shall
order that it cease and desist therefrom and take cer-
tain affirmative action designed to effectuate the poli-
cies of the Act.
As Respondent on or about September 13, 1978,
and at all times thereafter, has refused and continues
to refuse to bargain with the Union as the exclusive
collective-bargaining representative of the employees
in the above-described unit, we shall order Respon-
dent to cease and desist from such conduct and, upon
request, bargain collectively with the Union as the
exclusive representative of all employees in the
above-described appropriate unit, and, if an under-
standing is reached, embody such understanding in a
signed agreement.
We shall also order Respondent to cease and desist
from refusing to supply the information requested by
the Union which is relevant to the performance of its
function as the employees' bargaining representative,
and upon request, supply such information.
In order to insure that the employees in the appro-
priate unit will be accorded the services of their se-
lected bargaining agent for the period provided by
law, we shall construe the initial period of certifica-
tion as beginning on the date Respondent commences
to bargain in good faith with the Union as the recog-
nized bargaining representative in the appropriate
unit. See Mar-Jac Poultry Company, Inc., 136 NLRB
785 (1962); Commerce Company d/b/a Lamar Hotel,
140 NLRB 226, (1962), enfd. 328 F.2d 600 (5th Cir.
1964), cert. denied 379 U. S. 817 (1964): Burnett Con-
struction Company, 149 NLRB 1419, 1421 (1964),
enfd. 350 F.2d 57 (10th Cir. 1965).
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Respondent Westchester Lithographers, Inc., is
an employer engaged in commerce within the mean-
ing of Section 2(6) and (7) of the Act.
2. Local 1, Amalgamated Lithographers of Amer-
ica, affiliated with International Typographical
Union, AFL-CIO, is a labor organization within the
meaning of Section 2(5) of the Act.
3. All full-time and regular part-time lithographic
production employees employed by Respondent at its
34 Weyman Avenue, New Rochelle, New York, facil-
ity excluding all other employees, office clerical em-
ployees, guards, and all supervisors as defined in Sec-
tion 2(1 1) of the Act, constitute a unit appropriate for
the purposes of collective bargaining within the
meaning of Section 9(b) of the Act.
4. Since July 10, 1978, the above-named labor or-
ganization has been and now is the certified and ex-
clusive representative of all employees in the afore-
said appropriate unit for the purpose of collective
bargaining within the meaning of Section 9(a) of the
Act.
5. By refusing on or about September 13, 1978.
and at all times thereafter, to bargain collectively
with the above-named labor organization as the ex-
clusive bargaining representative of all the employees
of Respondent in the appropriate unit, Respondent
has engaged in and is engaging in unfair labor prac-
tices within the meaning of Section 8(a)(5) of the Act.
6. By refusing on or about September 13, 1978,
and at all times thereafter, to furnish to the union
information and data which are necessary for and rel-
evant to the Union's performance of its function as
the collective-bargaining representative of all emplo-
ees in the appropriate unit, Respondent has engaged
in and is engaging in unfair labor practices within the
meaning of Section 8(a)(5) of the Act.
7. By the aforesaid refusals to bargain, Respondent
has interfered with, restrained, and coerced, and is
interfering with, restraining, and coercing, employees
in the exercise of the rights guaranteed to them in
Section 7 of the Act, and thereby has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(1) of the Act.
8. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, West-
chester Lithographers, Inc., New Rochelle, New
York, its officers, agents, successors, and assigns.
shall:
1. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages, hours, and other terms and con-
ditions of employment with Local 1, Amalgamated
Lithographers of America, affiliated with Interna-
tional Typographical Union, AFL-CIO, hereinafter
the Union. as the exclusive bargaining representative
of its employees in the following appropriate unit:
All full-time and regular part-time lithographic
production employees employed by Respondent
at its 34 Weyman Avenue. New Rochelle. New
York facility excluding all other employees, of-
fice clerical employees, guards and all supervi-
sors as defined in Section 2(1 1) of the Act.
573
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Refusing to furnish the Union information and
data which are necessary for and relevant to the
Union's performance of its function as the collective-
bargaining representative of the employees in the
above-described unit.
(c) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Upon request. bargain with the above-named
labor organization as the exclusive representative of
all employees in the aforesaid appropriate unit with
respect to rates of pay, wages, hours, and other terms
and conditions of employment, and, if an understand-
ing is reached, embody such understanding in a
signed agreement.
(b) Upon request, furnish the above-named labor
organization with information with respect to () the
names, classifications, job duties, and the present
wages of the employees in the aforesaid appropriate
unit: (2) the working conditions of unit employees,
including their hours and overtime rates: and (3) the
Company's welfare program (hospitalization, medi-
cal, and pension).
(c) Post at 34 Weyman Avenue, New Rochelle,
New York. copies of the attached notice marked
"Appendix." 2 Copies of said notice, on forms pro-
vided by the Regional Director for Region 2, after
being duly signed by Respondent's representative,
shall be posted by Respondent immediately upon re-
ceipt thereof, and be maintained by it for 60 consecu-
tive days thereafter, in conspicuous places, including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered, de-
faced, or covered by any other material.
(d) Notify the Regional Director for Region 2, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply herewith.
2 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 Pursuant to a Judgment
ofl the United States Court of Appeals Enforcing an Order of the National
l.abor Relations Board."
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WIll. NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and other
terms and conditions of employment with Local
I, Amalgamated Lithographers of America, af-
filiated with International Typographical Union,
AFL CIO, hereinafter the Union, as the exclu-
sive representative of our employees in the bar-
gaining unit described below.
WE WILL NOT refuse to furnish to the Union
information and data which are necessary for
and relevant to the Union's performance of its
function as the collective-bargaining representa-
tive of our employees in the bargaining unit de-
scribed below.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL, upon request, bargain with the
Union, as the exclusive representative of all our
employees in the bargaining unit described be-
low, with respect to rates of pay, wages, hours,
and other terms and conditions of employment,
and, if an understanding is reached, embody
such understanding in a signed agreement. The
bargaining unit is:
All full-time and regular part-time litho-
graphic production employees employed by
Respondent at its 34 Weyman Avenue, New
Rochelle, New York facility excluding all
other employees, office clerical employees,
guards and all supervisors as defined in Sec-
tion 2(1 1) of the Act.
WE WILL, upon request, furnish the Union,
with information with respect to (1) the names,
classifications, job duties, and present wages of
our employees in the aforesaid appropriate unit;
(2) the working conditions of our unit employees,
including their hours and overtime rates: and (3)
our welfare program (hospitalization, medical,
and pension).
WESTCHESTER LIIHORAPHERS, INC.
574