La Andaluza, Inc.Download PDFNational Labor Relations Board - Board DecisionsApr 7, 1972196 N.L.R.B. 219 (N.L.R.B. 1972) Copy Citation LA ANDALUZA, INC. 219 La Andaluza , Inc. and Gremio Puertorriqueno de Tra- bajadores de Produccion , Servicio Y Ventas. Case 24-CA-3098 April 7, 1972 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS JENKINS AND KENNEDY Upon a charge filed on November 2, 1971, and amendments thereto filed on November 15, 1971, and December 9, 1971, by Gremio Puertorriqueno de Tra- bajadores de Produccion, Servicio y Ventas, herein called the Union, and duly served on La Andaluza, Inc., herein called the Respondent, the General Coun- sel of the National Labor Relations Board, by the Regional Director for Region 24, issued a complaint on December 27, 1971, 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 charges, complaint, and no- tice of hearing before a Trial Examiner were duly served on the parties to this proceeding. With respect to the unfair labor practices, the com- plaint alleges in substance that on November 12, 1971, and November 13, 1971, Respondent dis- charged seven named employees because they had participated in a strike and/or refused to work in protest of the layoff of other employees, and thereaft- er failed and refused to reinstate the dischargees to their former positions of employment. By these acts, the complaint alleges that Respondent violated Sec- tion 8(a)(3) and (1) of the Act. Thereafter, counsel for General Counsel filed di- rectly with the Board a motion for default judgment for failure to file answer.' Subsequently, on February 7, 1972, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause on or before February 22, 1972, why the General Counsel's motion should not be granted. No response was filed 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 thereto. 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 allega- tion in the complaint not specifically denied or explained in an answer filed, unless the respon- dent 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 the Respondent specifically state that unless an answer was filed to the complaint within 10 days from the service thereof "all of the allegations of the complaint shall be deemed to be admitted to be true and may be so found by the Board." Further, according to the Motion for Summary Judgment the Regional Direc- tor for Region 24, by letter of January 13, 1972, ex- tended the time for filing an answer until the close of business on January 21, 1972, warning that unless it was filed within the aforesaid time, a motion for de- fault judgment would be filed. To date, no answer has been filed, and as noted no response was made to the Notice To Show Cause. The allegations in the Motion for Summary Judgment thus stand uncontroverted, and as the Respondent has not filed an answer to the complaint, and as good cause to the contrary has not been shown, the allegations of the complaint are deemed, and are so found, to be true? On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I THE BUSINESS OF THE RESPONDENT The Respondent, a Puerto Rican corporation, is engaged in the production of sausages and related meat products, with its principal place of business located in Caguas, Puerto Rico. During the last calen- dar year preceding the issuance of the complaint, the Respondent made purchases valued in excess of $50,000 from suppliers or other sources located within Puerto Rico, who in turn received such items directly from places outside Puerto Rico. ' Hereinafter referred to as Motion for Summary Judgment 2 Wilson & Sons, 193 NLRB No 51, and cases cited therein 196 NLRB No. 30 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 effectu- ate the policies of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATION INVOLVED Gremio Puertorriqueno de Trabajadores de Pro- duccion, Servicio y Ventas is a labor organization within the meaning of Section 2(5) of the Act. III UNFAIR LABOR PRACTICES On or about the dates set opposite their respective names, the Respondent discharged the following em- ployees because they participated in a strike and/or refused to work in protest of the layoff of other em- ployees and thereafter failed and refused to reinstate them to their former positions of employment: Jose Luis Ambert Nov. 13, 1971 Juan Ayala Nov. 13, 1971 Efrain Carrasquillo Nov. 12, 1971 Bienvenido Diaz del Valle Nov. 12, 1971 Angel Luis Melendez Nov . 13, 1971 Librada Oquendo Nov . 12, 1971 Maria Rivera Rodriguez Nov. 13, 1971 By discharging and failing and refusing to reinstate its employees, we find that Respondent discriminated in regard to the terms and conditions of employment of its employees to discourage membership in a labor organization, and by such conduct the Respondent engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(3) and (1) of the Act. IV THE EFFECT 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. V THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(3) 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. Having found that the Respondent violated Section 8(a)(3) and (1) of the Act by discriminatorily dis- charging employees Jose Luis Ambert, Juan Ayala, Efrain Carrasquillo, Bienvemdo Diaz del Valle, Angel Luis Melendez, Librada Oquendo, and Maria Rivera Rodriguez, and by discriminatorily failing and re- fusing to reinstate them, we shall order that the Re- spondent offer each of them immediate and full reinstatement to his former job or, if that job no long- er exists, to a substantially equivalent position, with- out prejudice to his seniority and other rights and privileges, and make each of them whole for any loss of earnings each may have suffered by reason of such discrimination, by payment of a sum of money equal to that which each normally would have earned as wages from the date of discharge to the date of said offer of reinstatement, less his net earnings during such period, with backpay computed on a quarterly basis in the manner established by the Board in F. W. Woolworth Company, 90 NLRB 289, 294, and with interest thereon as prescribed by the Board in Isis Plumbing & Heating Co., 138 NLRB 716. As the unfair labor practices committed by the Re- spondent were of a character which go to the very heart of the Act, we shall order the Respondent to cease and desist therefrom and to cease and desist from infringing in any other manner upon the rights of employees guaranteed by Section 7 of the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. La Andaluza, Inc., is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Gremio Puertorriqueno de Trabajadores de Pro- duccion, Servicio y Ventas is a labor organization within the meaning of Section 2(5) of the Act. 3. By discriminating in regard to the terms and conditions of employment of its employees to discour- age membership in a labor organization, the Respon- dent has engaged in unfair labor practices within the meaning of Section 8(a)(3) of the Act. 4. By thus interfering with, restraining, and coerc- ing its employees in the exercise of rights guaranteed in Section 7 of the Act, the Respondent has engaged in unfair labor practices within the meaning of Sec- tion 8(a)(1) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 20(c) of the National Labor Relations Act, as amended, the National Labor Rela- tions Board hereby orders that the Respondent, La LA ANDALUZA, INC. Andaluza, Inc., Caguas, Puerto Rico, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Discouraging membership in or activities on behalf of any labor organization by discharging and failing or refusing to reinstate or otherwise discrim- inating in regard to the hire or tenure of employment of any of its employees because of their union activi- ties. (b) In any other manner interfering with, re- straining, or coercing its employees in the exercise of their rights under Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Offer to Jose Luis Ambert, Juan Ayala, Efrain Carrasquillo, Bienvenido Diaz del Valle, Angel Luis Melendez, Librada Oquendo, and Maria Rivera Ro- driguez immediate and full reinstatement to their for- mer jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority and other rights and privileges, and make each of them whole for any loss of earnings suffered by reason of Respondent's discrimination in the manner set forth in the section herein entitled "The Remedy." (b) Notify immediately the above-named individ- uals, if presently serving in the Armed Forces of the United States, of the right to full reinstatement, upon application after discharge from the Armed Forces, in accordance with the Selective Service Act and the Universal Military Training and Service Act. (c) 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 oth- er records necessary to analyze the amounts of back- pay due under the terms of this Order. (d) Post at its Caguas, Puerto Rico, facility copies of the attached notice marked "Appendix."3 Copies of said notice, on forms provided by the Regional Direc- tor for Region 24, after being duly signed by Respondent's representative, shall be posted by Re- spondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous 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. (e) Notify the Regional Director for Region 24, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply here- with. 3 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 be changed to read "Posted Pursuant 221 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 discourage membership in, or ac- tivities on behalf of, any labor organization by discharging and failing or refusing to reinstate, or otherwise discriminating in regard to the hire or tenure of employment of any of our employees. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their rights guaranteed them by Sec- tion 7 of the Act. Since the Board found that we violated the law by discharging the employees named below, WE WILL Of- fer them their jobs back and WE WILL pay them for any loss of pay they may have suffered because we laid them off. Jose Luis Ambert Nov. 13, 1971 Juan Ayala Nov. 13, 1971 Efrain Carrasquillo Nov. 12, 1971 Bienvenido Diaz del Valle Nov. 12, 1971 Angel Luis Melendez Nov. 13, 1971 Librada Oquendo Nov. 12, 1971 Maria Rivera Rodriguez Nov. 13, 1971 LA ANDALUZA, INC (Employer) Dated By (Representative) (Title) We will notify immediately the above-named indi- viduals, if presently serving in the Armed Forces of the United States, of the right to full reinstatement, upon application after discharge from the Armed Forces, in accordance with the Selective Service Act and the Universal Military Training and Service Act. This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compli- ance with its provisions may be directed to the Board's Office, Pan Am Building, 7th Floor, P. O. Box UU, 255 Ponce de Leon Avenue, Hato Rey, Puerto Rico 00919, Telephone 809-765-0404. Copy with citationCopy as parenthetical citation