Domestic Linen & Uniform

National Labor Relations Board - Board Decisions

Aug 23, 2005

345 N.L.R.B. 5 (N.L.R.B. 2005)

345 NLRB No. 5
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.
Mickey’s Linen and Towel Supply, Inc., d/b/a Domes-
tic Linen and Uniform and Teamsters Local 705,
a/w International Brotherhood of Teamsters.1
Case 33–CA–14877
August 23, 2005
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN
AND SCHAUMBER
This is a refusal-to-bargain case in which the Respon-
dent is contesting the Union’s certification as bargaining
representative in the underlying representation proceed-
ing. Pursuant to a charge filed on April 27, 2005,2 the
General Counsel issued the complaint on May 12, 2005,
alleging that the Respondent has violated Section 8(a)(1)
and (5) of the Act by refusing the Union’s request to bar-
gain following the Union’s certification in Case 33–RC–
4849. (Official notice is taken of the “record” in the rep-
resentation proceeding as defined in the Board’s Rules
and Regulations, Secs. 102.68 and 102.69(g); Frontier
Hotel, 265 NLRB 343 (1982).) The Respondent filed an
answer admitting in part and denying in part the allega-
tions in the complaint, and asserting affirmative de-
fenses.
On June 21, 2005, the Acting General Counsel filed a
Motion for Summary Judgment. On June 28, 2005, 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 did not file a
response.
Ruling on Motion for Summary Judgment
The Respondent admits its refusal to bargain, but con-
tends that the Union’s certification is invalid because the
Board erred in overruling its objections to the election in
the representation proceeding.3

1 We have amended the caption to reflect the disaffiliation of the In-
ternational Brotherhood of Teamsters from the AFL–CIO effective July
25, 2005.
2 The Respondent’s answer states that it is “without sufficient
knowledge or information to form a belief as to the truth or veracity of”
the complaint allegations concerning the filing and service of the
charge. The Acting General Counsel, however, has attached as exhibits
to his motion a copy of the charge and affidavit of service of the
charge. The Respondent has not challenged the authenticity of these
documents. Accordingly, it is clear that the charge was filed and served
as alleged, and we find that the Respondent’s denials in this regard do
not raise any issue of fact warranting a hearing.
3 The Respondent’s answer also asserts as affirmative defenses that
the complaint fails to state a claim or establish a prima facie case on
which relief can be granted, and that this proceeding is barred by the
All representation issues raised by the Respondent
were or could have been litigated in the prior representa-
tion proceeding. The Respondent does not offer to ad-
duce at a hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances that would require the Board to reexamine
the decision made in the representation proceeding. We
therefore find that the Respondent has not raised any
representation issue that is properly litigable in this un-
fair labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord-
ingly, we grant the Acting General Counsel’s Motion for
Summary Judgment.4
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, an Illinois cor-
poration with offices and places of business in Kankakee,
Illinois, has been engaged in the business of nonretail
cleaning and rental of uniforms and linens.
During the 12-month period preceding issuance of the
complaint, the Respondent, in conducting its business
operations described above, purchased and received at its
Kankakee, Illinois facility goods valued in excess of
$50,000 directly from points outside the State of Illinois.
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 Teamsters Local 705, a/w Inter-
national Brotherhood of Teamsters (the Union) is a labor
organization within the meaning of Section 2(5) of the
Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held May 21, 2004, the Union
was certified on March 29, 2005, as the exclusive collec-
tive-bargaining representative of the employees in the
following appropriate unit:5

doctrines of laches and unclean hands. The Respondent has not offered
any explanation or evidence to support these bare assertions. Thus, we
find that the Respondent’s affirmative defenses are insufficient to war-
rant denial of the General Counsel’s Motion for Summary Judgment in
this proceeding. See Circus Circus Hotel, 316 NLRB 1235 fn. 1
(1995). In light of this finding, we find it unnecessary to pass on the
Acting General Counsel’s request that we strike the Respondent’s af-
firmative defenses.
4 We therefore deny the Respondent’s requests that the complaint be
dismissed, and that it be awarded costs and attorneys fees.
5 The Respondent’s answer also denies that on May 21, 2004, pursu-
ant to a stipulated election agreement in Case 33–RC–4849, a majority
of the unit selected the Union as the exclusive bargaining representative
of the unit in a secret ballot election, and that on or about March 29,
2005, the Union was certified as the exclusive collective-bargaining
representative of the unit employees. Exhibits attached to the General
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
All full-time and regular part-time laundry production
and maintenance employees, including janitors and
plant clericals, employed by the Employer at its
Kankakee, Illinois facility; but excluding office clerical
employees, confidential employees, sales persons, pro-
fessional employees, guards, and supervisors as defined
in the Act.
The Union continues to be the exclusive representative
under Section 9(a) of the Act.
B. Refusal to Bargain
On April 5, 2005, the Union, by letter, demanded that
the Respondent bargain with it, and requested the Re-
spondent to provide it with dates for bargaining. Since
about April 22, 2005, the Respondent has failed and re-
fused to recognize and bargain with the Union as the
exclusive collective-bargaining representative of the unit
employees. We find that this failure and refusal consti-
tutes an unlawful refusal to bargain in violation of Sec-
tion 8(a)(1) and (5) of the Act.
CONCLUSION OF LAW
By failing and refusing since April 22, 2005, to bar-
gain with the Union as the exclusive collective-
bargaining representative of employees in the appropriate
unit, the Respondent has engaged in unfair labor prac-
tices affecting commerce within the meaning of Section
8(a)(1) and (5) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated Section
8(a)(1) and (5) of the Act, we shall order it to cease and
desist, to bargain on request with the Union and, if an
understanding is reached, to embody the understanding
in a signed agreement.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by law, we shall construe the initial period of the certifi-
cation as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Mickey’s Linen and Towel Supply, Inc.,

Counsel’s motion establish that the election was conducted, and that the
Union was certified on the dates alleged in the complaint. Accordingly,
the Respondent’s denials regarding these matters do not raise any issues
warranting a hearing.
d/b/a Domestic Linen and Uniform, Kankakee, Illinois,
its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with Teamsters Local 705, a/w
International Brotherhood of Teamsters, as the exclusive
bargaining representative of the employees in the bar-
gaining unit.
(b) 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) On request, bargain with the Union as the exclusive
representative of the employees in the following appro-
priate unit on terms and conditions of employment and, if
an understanding is reached, embody the understanding
in a signed agreement:
All full-time and regular part-time laundry production
and maintenance employees, including janitors and
plant clericals, employed by the Employer at its
Kankakee, Illinois facility; but excluding office clerical
employees, confidential employees, sales persons, pro-
fessional employees, guards, and supervisors as defined
in the Act.
(b) Within 14 days after service by the Region, post at
its facility in Kankakee, Illinois, copies of the attached
notice marked “Appendix.”6 Copies of the notice, on
forms provided by the Regional Director for Region 33,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places,
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced, or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since April 22, 2005.
(c) 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.

6 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.”
DOMESTIC LINEN & UNIFORM 3
Dated, Washington, D.C. August 23, 2005
______________________________________
Robert J. Battista, Chairman
______________________________________
Wilma B. Liebman, Member
______________________________________
Peter C. Schaumber, 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
activities.
WE WILL NOT refuse to bargain with Teamsters Local
705, a/w International Brotherhood of Teamsters as the
exclusive bargaining representative of the employees in
the bargaining unit.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL, on request, bargain with the Union and put
in writing and sign any agreement reached on terms and
conditions of employment for our employees in the bar-
gaining unit:
All full-time and regular part-time laundry production
and maintenance employees, including janitors and
plant clericals, employed by us at our Kankakee, Illi-
nois facility; but excluding office clerical employees,
confidential employees, sales persons, professional
employees, guards, and supervisors as defined in the
Act.
MICKEY’S LINEN AND TOWEL SUPPLY, INC.,
D/B/A DOMESTIC LINEN AND UNIFORM