Novelty Advertising Company

National Labor Relations Board - Board Decisions

Feb 6, 2020

369 N.L.R.B. 27 (N.L.R.B. 2020)

369 NLRB No. 27
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Novelty Advertising Company and Graphic Commu-
nications Conference of the International Broth-
erhood of Teamsters, Local 508-M of District
Council 3. Case 08–CA–239588
February 6, 2020
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS KAPLAN
AND EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that Novelty Advertising Company
(the Respondent) has failed to file an answer to the com-
plaint. Upon a charge and amended charges filed by
Graphic Communications Conference of the International
Brotherhood of Teamsters, Local 508-M of District Coun-
cil 3 (the Union) on April 15, May 31, and August 22,
2019,1 the General Counsel issued a complaint and notice
of hearing on November 27, alleging that the Respondent
has violated Section 8(a)(5) and (1) of the Act. The Re-
spondent failed to file an answer.
On December 20, the General Counsel filed with the
National Labor Relations Board a Motion for Default
Judgment. On December 23, the Board issued an order
transferring the proceeding 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 mo-
tion are therefore undisputed.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a 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 stated that unless
an answer was received on or before December 11, the
Board may find, pursuant to a motion for default judg-
ment, that the allegations in the complaint are true. Fur-
ther, the undisputed allegations in the General Counsel’s
motion disclose that the Region, by letter dated December
12, advised the Respondent that unless an answer was re-
ceived by December 18, the Region would pursue a de-
fault judgment. Nevertheless, the Respondent failed to
file an answer.
In the absence of good cause being shown for the failure
to file an answer, we deem the allegations in the complaint

1 Unless otherwise indicated, all of the following dates are in 2019.
to be admitted as true, and we grant the General Counsel’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 has been an Ohio
corporation with an office and place of business in
Coshocton, Ohio (the Respondent’s facility), and has been
engaged in the printing and binding of calendars.
Annually, the Respondent, in conducting its operations
described above, purchased and received at its Coshocton,
Ohio facility goods valued in excess of $50,000 directly
from points outside the State of Ohio.
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
1. 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 mean-
ing of Section 2(11) of the Act and agents of the Respond-
ent within the meaning of Section 2(13) of the Act.
Greg Coffman President
Thad Coffman Vice President
2(a) The following employees of the Respondent (the
unit) constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9(b) of
the Act, as described in article 1, section 1.1 of the parties’
collective-bargaining agreement:
In the Printing Section, the Employer recognizes the Un-
ion as the exclusive bargaining agent for all Pressmen
and related department employees in the classifications
of work covered by this contract, including, but limited
to, employees engaged in the following classifications
— all Journeypersons, assistants, apprentices, and other
employees of the Employer operating or assisting in the
operation of the Employer's printing presses and all
other printing presses of whatsoever type of processes of
printing operated by such Employer in the pressroom
and plate room, the Employer further recognizes the Un-
ion as the sole and exclusive bargaining agent for its off-
set preparatory employees, including employees en-
gaged in the making of offset plates, stripping, etching,
and opaquing and any and all functions preparatory to
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
the making and/or manufacture of offset printing plates
for printing production. In the Bindery Section, the Em-
ployer recognizes the Union as the exclusive bargaining
agent for all employees engaged in paper cutting, com-
piling, separating, wrapping, tinning, packing in the
bindery and all such customary work operations, hand or
machine, performed by bindery or finishing employees
necessary to complete the finished product.

(b) Since at least January 1, 1990 and at all material
times, the Respondent has recognized the Union as the ex-
clusive collective-bargaining representative of the unit.
This recognition has been embodied in successive collec-
tive-bargaining agreements, the most recent of which is
effective from March 1, 2016, through February 28, 2019.
(c) At all material times, based on Section 9(a) of the
Act, the Union has been the exclusive collective-bargain-
ing representative of the unit.
3(a) Since March 4, the Union has requested in writing
that the Respondent furnish it with the following infor-
mation:
(1) A copy of payroll records from June 2014 to the last
date worked for all bargaining unit members.
(2) A copy of each bargaining unit employee's last
paystub for calendar years 2014, 2015, 2016, 2017 and
2018.
(3) A copy of bargaining unit employee's last paystub
received for year 2019.
(4) A copy of each bargaining unit employee's W-2 for
calendar years 2014, 2015, 2016, 2017 and 2018.
(5) A listing of all hours worked for each bargaining
unit member during 2017 and 2018.
(6) A copy of all payments made to the GCC Inter-Lo-
cal Pension Fund for 2016, 2017, 2018 and 2019.
(7) A copy of all payments made to the GCC Employer
Retirement Fund for 2014, 2015, 2016, 2017, 2018 and
2019.
(8) A copy of all payments made to GCC District Coun-
cil 3 for Union dues for 2017, 2018 and 2019.
(9) A copy of the Company's healthcare plan for 2018
and 2019.
(10) A copy of all payments made towards healthcare
for 2018 and 2019.
(b) The information requested by the Union, as de-
scribed above, is necessary for, and relevant to, the Un-
ion’s performance of its duties as the exclusive collective-
bargaining representative of the unit.
(c) From about March 4, to about August 19, the Re-
spondent unreasonably delayed in furnishing the Union
with the following information it requested as described
above in paragraph 3(a):
(1) A copy of payroll records from 2016 to the
last date worked for all bargaining unit members.
(2) A copy of each bargaining unit employee’s W-
2 for calendar years 2014, 2015, 2016, 2017 and
2018.
(3) A listing of all hours worked for each bargain-
ing unit member during 2017 and 2018.
(4) A copy of the Company’s healthcare plan for
2018.
(5) A copy of all payments made towards
healthcare for 2018 and 2019.
(d) From March 4, 2019, until August 19, 2019, the Re-
spondent unreasonably delayed in informing the Union
that a 2019 healthcare plan did not exist.
(e) Since March 4, the Respondent has failed to provide
the Union with the following information it requested as
described above in paragraph 3(a):
(1) Payroll records for June 2014 through 2015.
(2) Bargaining unit employees’ last paystub for
calendar years 2014–2018.
(3) Bargaining unit employees last paystub re-
ceived for year 2019.
(4) Copies of all payments made to the GCC In-
ter-Local Pension Fund for 2016–2019.
(5) Copies of all payments made to the GCC Em-
ployer Retirement Fund for 2014–2019.
(6) Copies of all payments made to GCC District
Council 3 for Union dues for 2017, 2018, and 2019
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees in violation of Section 8(a)(5)
and (1) of the Act. The Respondent’s unfair labor prac-
tices described above 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)
of the Act by failing and refusing to provide the Union
with requested information that is necessary and relevant
to the Union’s performance of its duties as the exclusive
collective-bargaining representative of the unit employees
and by unlawfully delaying in providing the Union with
other such requested information, we shall order the Re-
spondent to provide the Union with the information it re-
quested on March 4, 2019, that has not already been
NOVELTY ADVERTISING CO. 3
provided and is set forth above in paragraph 3(a)(1–10) of
this decision.
ORDER
The National Labor Relations Board orders that the Re-
spondent, Novelty Advertising Company, Coshocton,
Ohio, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with Graphic Com-
munications Conference of the International Brotherhood
of Teamsters, Local 508-M of District Council 3 (the Un-
ion) by failing and refusing to furnish it with requested in-
formation that is relevant and necessary to the Union’s
performance of its functions as the collective-bargaining
representative of the Respondent’s unit employees.
(b) Refusing to bargain collectively with the Union by
unreasonably delaying in providing it with requested in-
formation that is relevant and necessary to the Union’s
performance of its functions as the collective-bargaining
representative of the Respondent’s unit employees.
(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) Furnish to the Union in a timely manner the infor-
mation requested on March 4, 2019, that has not already
been provided and is set forth in paragraph 3(a)(1–10) of
this decision.
(b) Within 14 days after service by the Region, post at
its Coshocton, Ohio facility copies of the attached notice
marked “Appendix.”2 Copies of the notice, on forms pro-
vided by the Regional Director for Region 8, after being
signed by the Respondent’s authorized representative,
shall be posted by the Respondent and maintained for 60
consecutive days in conspicuous places, including all
places where notices to employees are customarily posted.
In addition to physical posting of paper notices, notices
shall be distributed electronically, such as by email, post-
ing on an intranet or an internet site, and/or other elec-
tronic means, if the Respondent customarily communi-
cates with its employees by such means. Reasonable steps
shall be taken by the Respondent to ensure that the notices
are not altered, defaced, or covered by any other material.
If the Respondent has gone out of business or closed the
facility involved in these proceedings, the Respondent
shall duplicate and mail, at its own expense, a copy of the
notice to all current employees and former employees

2 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 National
Labor Relations Board” shall read “Posted Pursuant to a Judgment of the
employed by the Respondent at any time since March 4,
2019.
(c) Within 21 days after service by the Region, file with
the Regional Director for Region 8 a sworn certification
of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to com-
ply.
Dated, Washington, D.C. February 6, 2020
John F. Ring, Chairman
_
Marvin E. Kaplan, Member
William J. Emanuel, Member
(SEAL) 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
violated 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 ac-
tivities.
WE WILL NOT refuse to bargain collectively with
Graphic Communications Conference of the International
Brotherhood of Teamsters, Local 508-M of District Coun-
cil 3 (the Union) by refusing to furnish it with requested
information that is relevant and necessary to the Union's
performance as the collective-bargaining representative of
our unit employees.
United States Court of Appeals Enforcing an Order of the National Labor
Relations Board.”
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
WE WILL NOT refuse to bargain collectively with the Un-
ion by unreasonably delaying in providing it with re-
quested information that is relevant and necessary to the
Union's performance as the collective-bargaining repre-
sentative of our unit employees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL promptly furnish to the Union the information
it requested on March 4, 2019, that we have not already
provided.
NOVELTY ADVERTISING COMPANY
The Board’s decision can be found at
http://www.nlrb.gov/case/08-CA-239588 or by using the QR
code below. Alternatively, you can obtain a copy of the de-
cision from the Executive Secretary, National Labor Rela-
tions Board, 1015 Half Street, S.E., Washington, D.C. 20570,
or by calling (202) 273-1940.