Fountain Lodge, Inc., 674 (1984)

Docket Number:15-CA-08981


Fountain Lodge, Inc. and United Food and Commercial Workers Union, Local No. 210

Patio Lodge, Inc. and United Food and Commercial Workers Union, Local No. 210. Cases 15-CA8981 and 15-CA-8982




Upon charges filed by the Union 17 May 1983, the General Counsel of the National Labor Relations Board issued a consolidated complaint 24

June 1983 against Fountain Lodge, Inc. and Patio Lodge, Inc., the Respondents, alleging that they have violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing to meet with the Union for collective-bargaining purposes and insisting instead that bargaining take place by mail exchange of proposals. On 5 July 1983 the Respondents filed a joint answer admitting all the complaint allegations except that alleging that their conduct constituted an unfair labor practice.

On 28 July 1983 the General Counsel filed a Motion for Summary Judgment. On 15 August 1983 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 Respondents did not file a response.

The National Labor Relations Board has delegated its authority in this proceeding to a threemember panel.

Ruling on Motion for Summary Judgment Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment shall be rendered if the 'pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'' The Respondents have admitted the factual allegations of the complaint. We conclude that the General Counsel's Motion for Summary Judgment should be granted because the uncontroverted facts disclose that the Respondents have violated the Act.

The Union has been the collective-bargaining representative of a unit of certain nonprofessional employees at Fountain Lodge's Baton Rouge, Louisiana facility, and of a similar unit at Patio Lodge's Baton Rouge, Louisiana facility, since 1 January I See Lake Charles Memorial Hospital,240 NLRB 1330 (1979).

269 NLRB No. 115

1981 and has been recognized as such since 15 June 1982.

Since about 1 November 1982 the Union has requested the Respondents to meet and bargain collectively with it as the representative of the employees in the units in question. The Respondents have refused to meet with the Union, insisting that bargaining initially take place by a mail exchange of proposals. In their answer, the Respondents state: '[The Respondents] acknowledge that they have insisted on the preliminary bargaining being done by the exchange of contract proposals until it appears that the parties have reached some agreements and are at a point where face to face meeting would serve a purpose.' Section 8(d) of the Act defines 'collectively bargaining' as 'the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment . . . .' The Board...

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