Crescent Plastics

National Labor Relations Board - Board Decisions

May 11, 1976

223 N.L.R.B. 1406 (N.L.R.B. 1976)

1406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Crescent Plastics and John Eberly and Martin Faulk.
Case 4-CA-7728
May 11, 1976
DECISION AND ORDER
By MEMBERS FANNING, PENELLO, AND WALTHER
Upon a charge filed on December 5, 1975, by John
Eberly and Martin Faulk, herein called the Charging
Parties, and duly served on Crescent Plastics, herein
called the Respondent, the General Counsel of the
National Labor Relations Board, by the Acting Re-
gional Director for Region 4, issued a complaint and
notice of hearing on January 29, 1976, against Re-
spondent, alleging that Respondent had engaged in
and was engaging in unfair labor practices affecting
commerce within the meaning of Sections 8(a)(1) and
2(6) and (7) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and no-
tice of hearing before an Administrative Law Judge
were duly served on the parties to this proceeding.
With respect to the unfair labor practices, the com-
plaint alleges in substance that on or about July 25,
1975, Respondent terminated the Charging Parties
and at all times since then has failed and refused, and
continues to fail and refuse , to reinstate the Charging
Parties to their former or substantially equivalent po-
sitions of employment because the Charging Parties
encouraged the hourly employees of Respondent to
join them in seeking a cost-of-living increase from
Respondent . Respondent failed to file an answer.
On March 1, 1976, counsel for the General Coun-
sel filed directly with the Board a Motion for Sum-
mary Judgment. Subsequently, on March 11, 1976,
the Board issued an order transferring the proceed-
ing to the Board and a Notice To Show Cause why
the General Counsel's Motion for Summary Judg-
ment 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 provides:
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 ad-
mitted 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 stated that unless an answer to
the complaint was filed within 10 days of service
thereof "all of the allegations in the Complaint shall
be deemed to be admitted to be true and may be so
found by the Board." Further, according to the alle-
gations of the Motion for Summary Judgment, coun-
sel for the General Counsel called Robert Martin,
president of Respondent, after expiration of the date
for filing and Martin did not indicate that Respon-
dent would file an answer. The Respondent failed to
file a response to the Notice To Show Cause so that
the allegations of the Motion for Summary Judgment
stand uncontradicted.
In view of Respondent's failure to answer, under
the rule set forth above, no good cause having been
shown for such failure, the allegations of the com-
plaint are deemed admitted and are found to be true.
Accordingly, we shall grant the Motion for Summary
Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Respondent is, and has been at all times material
herein, a corporation duly organized under, and ex-
isting by virtue of, the laws of the Commonwealth of
Pennsylvania. Respondent is engaged in the manu-
facture of custom plastic extensions and has its prin-
cipal facility located in Myerstown, Pennsylvania.
During the past calendar year, Respondent sold
goods valued in excess of $50,000 directly to firms
located outside the Commonwealth of Pennsylvania.
We find, on the basis of the foregoing, that Re-
spondent is, and has been at all times material here-
in, 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 juris-
diction herein.
223 NLRB No. 212
CRESCENT PLASTICS 1407
11. THE UNFAIR LABOR PRACTICES
On or about July 25, 1975, Respondent terminated
the Charging Parties , and at all times since then, has
failed and refused , and continues to fail and refuse,
to reinstate the Charging Parties to their former or
substantially equivalent positions of employment be-
cause the Charging Parties encouraged the hourly
employees of Respondent to join them in seeking a
cost-of-living increase from Respondent.
Accordingly, we find that, by its termination of the
Charging Parties, on or about July 25, 1975, and re-
fusal at all times thereafter to reinstate the Charging
Parties , Respondent has engaged in and is engaging
in unfair labor practices within the meaning of Sec-
tion 8(a)(1) of the Act.
III. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
The activities of Respondent , set forth in section
II, above , occurring in connection with its operations
described in section I, 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 obstructing com-
merce and the free flow of commerce.
IV. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(1) of the Act, we shall order that it
cease and desist therefrom , and that it take certain
affirmative action as set forth below designed to ef-
fectuate the purposes and policies of the Act.
Having found that Respondent violated Section
8(a)(1) of the Act by terminating and refusing to re-
instate John Eberly and Martin Faulk, we will order
Respondent to offer each immediate and full rein-
statement to his former job or , if that job no longer
exists , to a substantially equivalent position , without
prejudice to any seniority or other rights and privi-
leges enjoyed and to make each of them whole for
any loss of earnings he may have suffered as a result
of his termination by paying to him a sum of money
equal to that which he normally would have earned
as wages from the date of his termination until the
date of Respondent 's offer of reinstatement , less his
net earnings during such period with backpay and
interest thereon to be computed in the manner pre-
scribed in F. W. Woolworth Company, 90 NLRB 289
(1950), and Isis Plumbing & Heating Co., 138 NLRB
716 (1962).
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Crescent Plastics is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
2. By the acts described in section II, above, Re-
spondent has interfered with, restrained, and
coerced, and is interfering with, restraining, and
coercing, employees in the exercise of the rights guar-
anteed in Section 7 of the Act, and Respondent
thereby did engage in, and is engaging in, unfair la-
bor practices within the meaning of Section 8(a)(1) of
the Act.
3. 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 Re-
lations Board hereby orders that the Respondent,
Crescent Plastics, Myerstown, Pennsylvania, its offi-
cers , agents, successors , and assigns, shall:
1. Cease and desist from:
(a) Terminating and refusing to reinstate employ-
ees for encouraging other employees to join them in
seeking a cost-of-living increase from Crescent Plas-
tics.
(b) In any other manner interfering with, restrain-
ing, or coercing employees in the exercise of rights
guaranteed by Section 7 of the Act.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Offer to John Eberly and Martin Faulk imme-
diate and full reinstatement to their former jobs or, if
those jobs no longer exist, to substantially equivalent
positions , without prejudice to any seniority or other
rights and privileges previously enjoyed, and make
them whole for any loss of pay suffered as a result of
their discharges by Respondent in the manner set
forth above under the section entitled "The Reme-
dy."
(b) Preserve and, upon request, make available to
the Board or its agents, for examination and copying,
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.
1408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Post at its Myerstown, Pennsylvania, facility
copies of the attached notice marked "Appendix." I
Copies of said notice, on forms provided by the Re-
gional Director for Region 4, after being duly signed
by Respondent's representative, shall be posted by
Respondent immediately upon receipt thereof, and
be maintained by it for 60 consecutive days thereaf-
ter, in conspicuous places, including all places where
notices to employees are customarily posted. Rea-
sonable 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 4, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
1 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 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
WE WILL NOT terminate and refuse to reinstate
employees for encouraging other employees to
join them in seeking a cost-of-living increase.
WE WILL NOT in any other manner interfere
with, restrain, or coerce employees in the exer-
cise of rights guaranteed by Section 7 of the Act.
WE WILL offer to John Eberly and Martin
Faulk immediate and full reinstatement to their
former jobs or, if those jobs no longer exist, to
substantially equivalent positions, without preju-
dice to any seniority or other rights and privi-
leges previously enjoyed, and make them whole
for any loss of pay suffered as a result of their
discharges, plus 6-percent interest.
CRESCENT PLASTICS