Plymouth Park Shopping Center, 481 (1983)

PLYMOUTH PARK SHOPPING CENTER

Plymouth Park Shopping Center and Dallas & Fort Worth Building Construction Trades Council and Affiliated Locals. Case 16-CA-10480

March 10, 1983 DECISION AND ORDER

BY MEMBERS JENKINS, ZIMMERMAN, AND HUNTER

Upon a charge filed on June 2, 1982, by Dallas & Fort Worth Building Construction Trades Council and Affiliated Locals, herein called the Union, and duly served on Plymouth Park Shopping Center, herein called Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 16, issued a complaint on July 9, 1982, against Respondent, alleging that Respondent had engaged in and was engaging in an unfair labor practice affecting commerce within the meaning of Section 8(a)(1) and Section 2(6) and (7) of the National Labor Relations Act, as amended.

Copies of the charge and the complaint and notice of hearing before an administrative law judge were duly served on the parties to this proceeding.

With respect to the unfair labor practice, the complaint alleges the Union had an economic dispute with Dillards, a retail establishment which leased space in Respondent's shopping center. The complaint further alleges that, in support of its dispute with Dillards, the Union engaged in peaceful consumer handbilling at various entrances to the Dillards retail store in Respondent's shopping center. The complaint finally alleges that Respondent violated Section 8(a)(l) by demanding that the Union cease handbilling and leave the store premises.

Respondent did not file an answer to the complaint within the 10 days specified by the National Labor Relations Board Rules and Regulations,

Series 8, as amended. On August 4, 1982, counsel for the General Counsel discussed with Respondent its failure to file an answer. Thereafter, counsel for the General Counsel forwarded to Respondent a letter, dated August 5, 1982, which confirmed the August 4 conversation, discussed settlement possibilities, and extended the date for filing an answer to August 18, 1982. The letter also advised Respondent that counsel for the General Counsel intended to seek a default judgment if Respondent failed to file an answer to the complaint. Respondent has not filed an answer to the complaint.

On August 30, 1982, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on September 3, 1982, the Board issued an order transferring the proceeding to the Board and a Notice To Show 266 NLRB No. 75

Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respondent has not filed a response to the Notice To Show Cause.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority 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 Regulations, 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 allegation in the complaint not specifically denied or explained in an answer filed, unless the respondent 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 Respondent specifically states that, unless an answer is filed within 10 days from the service of the complaint, all of the allegations of the complaint 'shall be deemed to be admitted to be true and may be so found by the Board.' Because Respondent has failed to file an answer to the complaint, the allegations of the complaint are deemed to be admitted and are found to be true. Accordingly, we grant the General Counsel's Motion for Summary Judgment.

On the basis of the entire record, the Board makes the following:

FINDINGS OF FACT

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