Bo-Ty Plus, Inc.

National Labor Relations Board - Board Decisions

Feb 22, 2001

333 N.L.R.B. 54 (N.L.R.B. 2001)

333 NLRB No. 54
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.
Bo-Ty Plus , Inc. and Linda Wood

Local 929, International Alliance of Theatrical Stage
Employees, Moving Picture Technicians , Artists
and Allied Crafts of the United States and Can-
ada, AFL–CIO. and Linda Wood. Cases 11–
CA–18574 and 11–CB–3052
February 22, 2001
DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS HURTGEN
AND WALSH
Upon a charge filed by the Charging Party on January
31, 2000, the General Counsel of the National Labor
Relations Board issued a complaint on April 28, 2000,
against Bo-Ty Plus, Inc., the Respondent Employer, al-
leging that it has violated Section 8(a)(1) and (3) of the
National Labor Relations Act. Upon a charge and
amended charges filed by the Charging Party on April
26, July 27, August 29, and September 28, 2000, the
General Counsel of the National Labor Relations Board
issued an order consolidating cases, consolidated com-
plaint and notice of hearing on September 29, 2000,
against Bo-Ty Plus, Inc., the Respondent Employer, al-
leging that it has violated Section 8(a)(1) and (3) of the
National Labor Relations Act and against Local 929,
International Alliance of Theatrical Stage Employees,
Moving Picture Technicians, Artists and Allied Crafts of
the United States and Canada, AFL–CIO, the Respon-
dent Union, alleging that it has violated Section
8(b)(1)(A) and 8(b)(2) of the Act. Although properly
served copies of the charges and consolidated complaint,
the Respondent Union failed to file an answer.
On December 29, 2000, the General Counsel filed a
Motion for Partial Summary Judgment with the Board.
On January 3, 2001, the Board issued an order transfer-
ring the proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The Re-
spondent Union filed no response. The allegations in the
motion are therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide that the allegations in the 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 consolidated complaint af-
firmatively notes that unless an answer is filed within 14
days of service, all the allegations in the consolidated
complaint will be considered admitted. Further, the un-
disputed allegations in the Motion for Summary Judg-
ment disclose that the Region, by letters dated October
27, 2000, notified both the Respondent Employer and the
Respondent Union that unless an answer were received
by November 3, 2000, a Motion for Summary Judgment
would be filed. The Respondent Employer filed an an-
swer on November 3, 2000. The Respondent Union has
not filed an answer.
In the absence of good cause being shown for the Re-
spondent Union’s failure to file a timely answer, we
grant the General Counsel’s Motion for Partial Summary
Judgment against the Respondent Union.1
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent Employer, a
South Carolina corporation, with a main office located at
Traveler’s Rest, South Carolina, has been engaged in the
business of providing stage and production labor to vari-
ous entities within the State of South Carolina. In the 12-
month period preceding issuance of the consolidated
complaint, a representative period, the Respondent Em-
ployer provided services valued in excess of $50,000 to
Volume Services, Inc., a Delaware corporation, which
operates and manages the Bi-Lo Center in Greenville,
South Carolina. In the 12-month period preceding issu-
ance of the consolidated complaint, a representative pe-
riod, Volume Services, Inc. purchased and received at its
Bi-Lo Center facility in Greenville, South Carolina,
goods and materials valued in excess of $50,000 directly
from points outside the State of South Carolina. We find
that the Respondent Employer is an employer engaged in
commerce within the meaning of Section 2(2), (6), and
(7) of the Act2 and that the Respondent Union is a labor
organization within the meaning of Section 2(5) of the
Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all times material herein, Gene Coffy occupied the
position of business agent with the Respondent Union
and has been and is now an agent of the Respondent Un-
ion, acting on its behalf, within the meaning of Section
2(13) of the Act.
Since on or about October 26, 1999, the Respondent
Employer and the Respondent Union have maintained a
practice which provides that the Respondent Union shall
be the sole and exclusive source of referrals of employee
applicants for employment with the Respondent Em-
ployer.

1 The General Counsel’s motion does not seek summary judgment
with respect to the unfair labor practice allegations against the Respon-
dent Employer. Accordingly, these allegations are severed and re-
manded to the Regional Director for further appropriate action.
2 None of the foregoing jurisdictional allegations regarding the Re-
spondent Employer were denied by the Respondent Employer in the
answer it filed to the consolidated complaint.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
Since on or about October 26, 1999, and continuing
thereafter, the Respondent Union, through its officer and
agent, Gene Coffy, has failed and refused, and continues
to fail and refuse, to register for referral and to refer for
employment with the Respondent Employer at its facili-
ties in Traveler’s Rest, South Carolina, the following
employees: Linda Wood, Lisa Johnson, and Ron Bowlin.
The Respondent Union engaged in the acts and con-
duct set forth above in retaliation for the above employ-
ees having filed internal union charges and/or because of
their support for individuals having filed internal union
charges, and for other arbitrary, invidious and discrimi-
natory reasons. Further, by these acts, the Respondent
Union has caused and is causing the Respondent Em-
ployer to discriminate against its employees in violation
of Section 8(a)(3) of the Act, and the Respondent Union
has thereby engaged in unfair labor practices within the
meaning of Section 8(b)(2) of the Act.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent Union has been restraining and coercing employees
in the exercise of their rights guaranteed in Section 7 of
the Act, and has engaged in unfair labor practices affect-
ing commerce within the meaning of Section 8(b)(1)(A)
and (2) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent Union has engaged
in certain 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 has failed and refused to reg-
ister for referral and to refer Linda Wood, Lisa Johnson,
and Ron Bowlin for employment with the Respondent
Employer in retaliation for the employees’ having filed
or supported someone who filed internal union charges,
we shall order it to register and refer those employees in
a nondiscriminatory manner and to make them whole for
any loss of earnings and other benefits suffered as a re-
sult of the discrimination against them. Backpay shall be
computed in accordance with F. W. Woolworth Co., 90
NLRB 289 (1950), with interest as prescribed in New
Horizons for the Retarded, 283 NLRB 1173 (1987).3
ORDER
The National Labor Relations Board orders that the
Respondent Union, Local 929, International Alliance of
Theatrical Stage Employees, Moving Picture Techni-
cians, Artists and Allied Crafts of the United States and
Canada, AFL–CIO, Greenville, South Carolina, its offi-
cers, agents, and representatives, shall
1. Cease and desist from
(a) Failing and refusing to register for referral, and to
refer for employment with the Respondent Employer,

3 This judgment against the Respondent Union does not affect the
potential joint and several liability of the Respondent Employer.
employees Linda Wood, Lisa Johnson, and Ron Bowlin
in retaliation for the employees’ having filed, or sup-
ported someone who filed, internal union charges.
(b) Causing the Respondent Employer to discriminate
against its employees in violation of Section 8(a)(3) of
the Act by failing and refusing to register for referral, and
to refer for employment with the Respondent Employer,
employees Linda Wood, Lisa Johnson, and Ron Bowlin
in retaliation for the employees’ having filed, or sup-
ported someone who filed, internal union charges.
(c) In any like or related manner restraining or coerc-
ing 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) Register for referral, and refer for employment with
the Respondent Employer, employees Linda Wood, Lisa
Johnson, and Ron Bowlin in a nondiscriminatory man-
ner.
(b) Make Linda Wood, Lisa Johnson, and Ron Bowlin
whole for any loss of earnings and other benefits suffered
as a result of the discrimination against them, in the
manner set forth in the remedy portion of this decision.
(c) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all referral records and all other records neces-
sary to analyze the amount of backpay due under the
terms of this Order.
(d) Within 14 days after service by the Region, post at
its business office and meeting hall, copies of the at-
tached notice marked “Appendix.”4 Copies of the notice,
on forms provided by the Regional Director for Region
11, after being signed by the Respondent Union’s author-
ized representative, shall be posted by the Respondent
Union and maintained for 60 consecutive days in con-
spicuous places including all places where notices to
members are customarily posted. Reasonable steps shall
be taken by the Respondent Union to ensure that the no-
tices are not altered, defaced or covered by any other
material.
(e) Sign and return to the Regional Director sufficient
copies of the notice for posting by Bo-Ty Plus, Inc., if
willing, at all places where notices to employees are cus-
tomarily posted.
(f) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.

4 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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
STAGE EMPLOYEES IATSE (BO-TY PLUS) 3
Dated, Washington, D.C. February 22, 2001

John C. Truesdale, Chairman

Peter J. Hurtgen, Member

Dennis P. Walsh, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD

APPENDIX
NOTICE TO MEMBERS
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 vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail and refuse to register for referral,
and to refer for employment with Bo-Ty Plus, Inc., em-
ployees Linda Wood, Lisa Johnson, and Ron Bowlin in
retaliation for their having filed, or supported someone
who filed, internal union charges.
WE WILL NOT cause Bo-Ty Plus, Inc. to discriminate
against its employees in violation of Section 8(a)(3) of
the Act by failing and refusing to register for referral, and
to refer for employment with Bo-Ty Plus, Inc., employ-
ees Linda Wood, Lisa Johnson, and Ron Bowlin in re-
taliation for the employees’ having filed, or supported
someone who filed, internal union charges.
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act.
WE WILL register for referral, and refer for employ-
ment with Bo-Ty Plus, Inc., employees Linda Wood,
Lisa Johnson, and Ron Bowlin in a nondiscriminatory
manner.
WE WILL make Linda Wood, Lisa Johnson, and Ron
Bowlin whole for any loss of earnings and other benefits
suffered as a result of the discrimination against them.

LOCAL 929, INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES, MOVING
PICTURE TECHNICIANS, ARTISTS AND ALLIED
CRAFTS OF THE UNITED STATES AND CANADA,
AFL–CIO