Fuller & Range Fiber Co., Inc.

National Labor Relations Board - Board Decisions

Jun 28, 1974

212 N.L.R.B. 252 (N.L.R.B. 1974)

252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Fuller & Range Fiber Co., Inc . and Local 315, General
Truck Drivers, Warehousemen , Helpers and Auto-
motive Workers . Case 20-CA-8859
June 28, 1974
DECISION AND ORDER
BY MEMBERS FANNING, KENNEDY, AND PENELLO
Upon a charge and amended charge filed on Janu-
ary 2, 1974, and April 12, 1974, respectively, by Local
315, General Truck Drivers, Warehousemen, Helpers
and Automotive Workers, herein called the Union,
and duly served on Fuller & Range Fiber Co., Inc.,
herein called the Respondent, the General Counsel of
the National Labor Relations Board, by the Regional
Director for Region 20, issued a complaint on April
16, 1974, 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, amended charge, and
complaint and notice of hearing before an Adminis-
trative Law Judge were duly served on the Respond-
ent.
With respect to the unfair labor practices, the com-
plaint alleges in substance that since on or about No-
vember 10, 1973, and continuing to date, the Union
has represented a majority of the employees of the
Respondent in an appropriate drivers and warehouse-
men unit. The complaint further alleges that begin-
ning in the middle of November, Respondent, by its
officers, agents, and representatives, interfered with,
restrained, and coerced employees in violation of the
exercise of their rights guaranteed in Section 7 of the
Act by interrogating them concerning their union
sympathies, threatening them with layoffs or loss of
work if they voted for the Union, promising increased
wages in order to discourage their support for the
Union, and soliciting employees to renounce and
withdraw, in writing, their support of the Union. By
these acts, the Respondent allegedly violated Section
8(a)(1) of the Act. The Respondent did not file an
answer to the complaint.
On May 13, 1974, counsel for the General Counsel
filed with the Board in Washington, D.C., a Motion
for Summary Judgment, with appendixes attached.
The General Counsel submits that, although request-
ed to do so, Respondent has failed to file an answer
to the complaint. He therefore moves that the allega-
tions of the complaint be deemed to be admitted to
be true and be so found, and that the Board find that
Respondent violated Section 8(a)(1) of the Act.
On May 21, 1974, the Board issued an Order trans-
ferring the proceeding before it and a Notice To Show
Cause why the General Counsel's Motion for Summa-
ry Judgment should not be granted. No response to
the Notice To Show Cause has been filed by the Re-
spondent.
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 respond-
ent 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 stated that unless an answer
to the complaint was filed within 10 days from the
service thereof, "all of the allegations in the Com-
plaint shall be deemed to be admitted true and may
be so found by the Board." According to the Motion
for Summary Judgment, the complaint and notice of
hearing was served on the Respondent by a United
States Marshall on April 22, 1974, and further, on
May 3, 1974, counsel for the General Counsel mailed
the Respondent a letter, addressed to its president,
informing him of the necessity of answering the com-
plaint by May 9, 1974, in order to forestall the filing
of the instant Motion for Summary Judgment. The
above allegations of the Motion for Summary Judg-
ment stand uncontroverted. No answer has been filed,
nor has there been any explanation for the failure to
do so.
Accordingly, the Respondent not having filed an
answer within the 10-day period prescribed by the
Rule set forth above, and no good cause having been
shown to the contrary, the allegations of the com-
212 NLRB No. 54
FULLER & RANGE FIBER CO., INC.
plaint and deemed to be admitted to be true and are
so found. We shall accordingly grant the General
Counsel's Motion for Summary Judgment.
FINDING OF FACT
1. THE BUSINESS OF THE RESPONDENT
Respondent is a California corporation engaged in
the business of recycling paper at its facility located
in Richmond, California. During the past calendar
year , Respondent in the course and conduct of its
business operations received gross revenues in excess
of $500,000. During the same period, Respondent in
the course and conduct of its business operations
made sales in excess of $50 ,000 to customers , each of
which said customers in turn meet one or more of the
Board's direct standards for the assertion of jurisdic-
tion.
We find, on the basis of the foregoing, that Re-
spondent is, and has been at all times material hereto,
an employer engaged in commerce within the mean-
ing of Section 2(6) and (7) of the Act, and that it will
effectuate the policies of the Act to assert jurisdiction
herein.
II. THE LABOR ORGANIZATION INVOLVED
Local 315, General Truck Drivers, Warehousemen,
Helpers and Automotive Workers is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
Commencing in and about November 1973 Re-
spondent, by its officers , agents , and representatives,
interfered with, restrained, and coerced employees in
violation of the exercise of the rights guaranteed them
in Section 7 of the Act by interrogating them concern-
ing their union sympathies , threatening them with lay-
offs or loss of work if they voted for the Union,
promising increased wages in order to discourage
their support for the Union , and soliciting employees
to renounce with and withdraw, in writing, their sup-
port of the Union.
Accordingly, by the abovementioned conduct we
find that the Respondent did interfere with, restrain,
and coerce the employees in their rights guaranteed in
Section 7 of the Act, and thereby engaged in and is
engaging in unfair labor practices within the meaning
of Section 8(a)(1) of the Act.
253
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 mean-
ing of Section 8(a)(l) of the Act, we shall order that
it cease and desist therefrom and take certain affirma-
tive action designed to effectuate the policies of the
Act.
The Board, on the basis of the foregoing facts and
the entire record , makes the following:
CONCLUSIONS OF LAW
1. Fuller & Range Fiber Co., Inc., is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Local 315, General Truck Drivers, Warehouse-
men, Helpers and Automotive Workers is a labor or-
ganization within the meaning of Section 2(5) of the
Act.
3. By interrogating employees concerning their
union sympathies, threatening employees with layoffs
or loss of work if they voted for the Union, promising
increased wages in order to discourage their support
for the Union, and soliciting employees to renounce
and withdraw, in writing, their support for the Union,
the Respondent has engaged in and is engaging in
unfair labor practices within the meaning of Section
8(a)(1) of the Act.
4. 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 Rela-
tions Board hereby orders that the Respondent, Fuller
& Range Fiber Co., Inc., Richmond, California, its
officers , agents , successors, and assigns, shall:
L Cease and desist from:
(a) Interrogating employees concerning their
union sympathies.
254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Threatening employees with layoffs or loss of
work if they voted for local 315, General Truck Driv-
ers, Warehousemen, Helpers and Automotive Work-
ers.
(c) Promising increased wages in order to discour-
age employees in their support for Local 315, General
Truck Drivers, Warehousemen, Helpers and Automo-
tive Workers.
(d) Soliciting employees to renounce and with-
draw, in writing, their support for Local 315, General
Truck Drivers, Warehousemen, Helpers and Automo-
tive Workers.
(e) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act.
(a) Post at its Richmond, California, facility copies
of the attached notice marked "Appendix." I Copies
of said notice, on forms provided by the Regional
Director for Region 20, 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.
(b) Notify the Regional Director for Region 20, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT interrogate employees concerning
their union sympathies.
WE WILL NOT threaten employees with layoffs
or loss of work if they voted for Local 315, Gen-
eral Truck Drivers, Warehousemen, Helpers and
Automotive Workers.
WE WILL NOT promise increased wages in order
to discourage employees in their support for Lo-
cal 315, General Truck Drivers, Warehousemen,
Helpers and Automotive Workers.
WE WILL NOT solicit employees to renounce and
withdraw, in writing, their support for Local 315,
General Truck Drivers, Warehousemen, Helpers
and Automotive Workers.
WE WILL NOT in any like or related manner in-
terfere with, restrain, or coerce employees in the
exercise of the rights guaranteed them in Section
7 of the National Labor Relations Act.
FULLER& RANGE FIBER CO,
INC.
(Employer)
Dated By
1 In the event that this Order is enforced by a Judgment of the 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."
(Representative) (Title)
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, 13018 Federal Building , Box 36047,
450 Golden Gate Avenue , San Francisco , California
94102, Telephone 415-556-3197.