Kiddy City, Inc.

National Labor Relations Board - Board Decisions

Aug 10, 1998

326 N.L.R.B. 7 (N.L.R.B. 1998)

326 NLRB No. 7
1
NOTICE: This opinion is subject to formal revision before publication in the
Board 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.
Kiddy City, Inc. and Elizabeth Deblecourt. Case 13–
CA–36827.
August 10, 1998
DECISION AND ORDER
BY MEMBERS FOX, HURTGEN, AND BRAME
Upon a charge filed by Elizabeth Deblecourt, an indi-
vidual, on February 19, 1998, the Acting General Coun-
sel of the National Labor Relations Board issued a com-
plaint on April 3, 1998, against Kiddy City, Inc., the Re-
spondent, alleging that it has violated Section 8(a)(1) of
the National Labor Relations Act. Although the Respon-
dent filed an answer to the complaint, it withdrew that
answer on July 2, 1998.
On July 10, 1998, the Acting General Counsel filed a
Motion for Summary Judgment with the Board. On July
14, 1998, the Board issued an order transferring the pro-
ceeding to the Board and a Notice to Show Cause why
the motion should not be granted. On July 28, 1998, the
Respondent filed a response confirming that its answer
had been withdrawn.
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 complaint affirmatively notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Here, although the Respondent initially did
file an answer, the Respondent withdrew its answer to
the complaint on July 2, 1998. The Respondent's with-
drawal of its answer to the complaint has the same effect
as a failure to file an answer, i.e., all allegations in the
complaint must be considered to be true. See Maislin
Transport, 274 NLRB 529 (1985).
Accordingly, in the absence of good cause being
shown otherwise, we grant the Acting General Counsel's
Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation,
with an office and place of business in Chicago, Illinois,
has been engaged in the business of operating a day care
center for children. During the 1997 calendar year the
Respondent, in conducting its business operations within
the State of Illinois, derived annual revenues in excess of
$250,000 and purchased and received at its Chicago,
Illinois facility goods valued in excess of $5000 from
other enterprises located within the State of Illinois, each
of which other enterprises had received these goods di-
rectly from points outside the State of Illinois. We find
that the Respondent is an employer engaged in com-
merce within the meaning of Section 2(2), (6), and (7) of
the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
About January 9, 1998, the Respondent discharged and
has since refused to reinstate its employees Elizabeth
Deblecourt, Janet LiVolsi, Kim Lustig, and Michelle
Shuminas because these employees engaged in protected,
concerted activity within the meaning of Section 7 of the
Act by filing claims against the Respondent with the Illi-
nois Department of Labor around December 16, 1998,
for illegal insurance deductions.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has been interfering with, restraining, and coercing
employees in the exercise of the rights guaranteed in
Section 7 of the Act, and has thereby engaged in unfair
labor practices affecting commerce within the meaning
of Section 8(a)(1) and 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 has violated Section 8(a)(1)
by discharging Elizabeth Deblecourt, Janet LiVolsi, Kim
Lustig, and Michelle Shuminas, we shall order the Re-
spondent to offer them full reinstatement to their former
jobs, or, if those jobs no longer exist, to substantially
equivalent positions, without prejudice to their seniority
or any other rights or privileges previously enjoyed, and
to make them whole for any loss of earnings and other
benefits suffered as a result of the unlawful action
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). The Respondent shall also be
required to expunge from its files any and all references
to the unlawful discharges, and to notify the discharged
employees in writing that this has been done.
ORDER
The National Labor Relations Board orders that the
Respondent, Kiddy City, Inc., Chicago, Illinois, its offi-
cers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Discharging or refusing to reinstate its employees
because they engage in protected, concerted activity
within the meaning of Section 7 of the Act.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
(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) Within 14 days of the date of this Order, offer
Elizabeth Deblecourt, Janet LiVolsi, Kim Lustig, and
Michelle Shuminas, full reinstatement to their former
jobs, or, if those jobs no longer exist, to substantially
equivalent positions, without prejudice to their seniority
or any other rights or privileges previously enjoyed.
(b) Make Elizabeth Deblecourt, Janet LiVolsi, Kim
Lustig, and Michelle Shuminas whole for any loss of
earnings and other benefits suffered as a result of the
unlawful discharges, in the manner set forth in the rem-
edy section of this decision.
(c) Within 14 days from the date of this Order, ex-
punge from its files any and all references to the unlaw-
ful discharges, and, within 3 days thereafter, notify the
discharged employees in writing that this has been done.
(d) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment rec-
ords, timecards, personnel records and reports, and all
other records necessary to analyze the amount of back-
pay due under the terms of this Order.
(e) Within 14 days after service by the Region, post at
its facility in Chicago, Illinois, copies of the attached
notice marked “Appendix.”1 Copies of the notice, on
forms provided by the Regional Director for Region 13,
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 January 9, 1998.
(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.

1 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.”
Dated, Washington, D.C. August 10, 1998
Sarah M. Fox, Member
Peter J. Hurtgen, Member
J. Robert Brame III, 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 the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protection
To choose not to engage in any of these protected
concerted activities.
WE WILL NOT discharge or refuse to reinstate our em-
ployees because they engage in protected, concerted ac-
tivity within the meaning of Section 7 of the Act.
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, within 14 days of the date of the Board's
Order, offer Elizabeth Deblecourt, Janet LiVolsi, Kim
Lustig, and Michelle Shuminas full reinstatement to their
former jobs, or, if those jobs no longer exist, to substan-
tially equivalent positions, without prejudice to their
seniority or any other rights or privileges previously en-
joyed.
WE WILL make Elizabeth Deblecourt, Janet LiVolsi,
Kim Lustig, and Michelle Shuminas whole for any loss
of earnings and other benefits suffered as a result of the
unlawful discharges, with interest,.
WE WILL, within 14 days from the date of the Board's
Order, expunge from our files any and all references to
the unlawful discharges, and, within 3 days thereafter,
notify the discharged employees in writing that this has
been done
KIDDY CITY, INC.