277 N.L.R.B. 573 (N.L.R.B. 1985)

Acme Roofing Co.

National Labor Relations Board - Board DecisionsNov 20, 1985

277 N.L.R.B. 573 (N.L.R.B. 1985)

ACME ROOFING CO. LDM Roofing, Inc. d/b/a Acme Roofing Company and United Union of Roofers , Waterproofers & Allied Workers, Local Union No. 156, AFL- C'IO and Western Oregon Roofing Contractors Association, Party to the Contract . Case 36- CA-4402 20 November 1985 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS DENNIS AND BABSON On 13 August 1984 the National Labor Relations Board issued an Order 1 adopting, in the absence of exceptions, the administrative law judge's decision which ordered the Respondent, inter alia, to make whole certain employees for any losses they may have suffered by reason of the Respondent's dis- crimination against them. The United States Court of Appeals for the Ninth Circuit enforced the Board's Order 26 November 1984.2 A controversy having arisen over the amount of backpay due under the Board's Order, the Regional Director for Region 19 on 6 August 1985 issued a second amended backpay specification and notice of hear- ing alleging the amounts of backpay due and noti- fying the Respondent that it should file a timely answer . The Respondent failed to file an answer. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. On 16 September 1985 the General Counsel filed a Motion for Summary Judgment. On 18 Septem- ber the Board issued an order transferring the pro- ceeding to the Board and a Notice to Show Cause why the General Counsel's motion should not be granted. The Respondent filed no response . The al- legations in the motion are therefore undisputed. Ruling on the Motion for Summary Judgment Section 102.54 of the Board' s Rules and Regula- tions provides that if an answer is not filed within 15 days from the service of the specification the Board may find the specification to be true. The backpay specification states that the Re- spondent shall file an answer within 15 days from the date of the service of the specification, and if the answer fails to deny the specification' s allega- tions in the manner required under the Board's Rules and Regulations, and the failure to do so is not adequately explained, the allegations shall be deemed to be true. Further, the undisputed allega- tions in the Motion for Summary Judgment dis- i Case 36-CA-4402 (not reported in Board volumes). 2 No. 84-7636 (Nov. 26, 1984). 573 close that the General Counsel, by letter dated 27 August 1985, notified the Respondent that if an answer was not received by 6 September 1985, a motion to deem the allegations to be admitted to be true would be filed. Absent any explanation for the Respondent's fail- ure to file a timely answer, we grant the General Counsel's Motion for Summary Judgment.3 Accordingly, the Board concludes that the net backpay is $21,692.74, the net pension contribution is $8121.66, the net apprentice pay is $494.26, and the net health and welfare expenses incurred by employees is $1296.78 as stated in the computations of the second amended backpay specification, and orders the Respondent to pay these amounts.4 ORDER The National Labor Relations Board orders that the Respondent, LDM Roofing, Inc. d/b/a Acme Roofing Company, Eugene, Oregon, its officers, agents, successors , and assigns , shall make whole the employees named below, by paying each the amount following his name, plus interest computed in the manner prescribed in Florida Steel Corp., 231 NLRB 651 (1977),5 and accrued to the date of pay- ment minus tax withholdings required by Federal and state laws, except that the payments to the pension and apprenticeship training trust funds shall be made on the employees' behalf to the rele- vant trusts:6 3 In granting the General Counsel's Motion for Summary Judgment, Chairman Dotson specifically relies on the total failure of the Respondent to respond to the allegations of the General Counsel's backpay specifica- tion. Thus, the Chairman regards this proceeding as being essentially a default judgment which is without precedential value 4 The second amended backpay specification erroneously computed the total amounts due the pension and apprenticeship training funds. The above figures are based on the alleged amounts due the funds for each employee as set forth in that specification s See generally Isis Plumbing Co, 138 NLRB 716 (1962) Any interest on other additional amounts owed with respect to these trust fund contributions shall be calculated in the manner set forth in Merryweather Optical Co., 240 NLRB 1213 (1979). 277 NLRB No. 63 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPREN- APPREN-BACKPAY PENSION TICE HEALTH BACKPAY PENSION TICE HEALTH BAINES, HAR- TRACY BERT, NORMAN $ 219.45 $ 57.75 $ 3.46 --- JAMES BARK- LEE --- 377.00 25.62 --- LOW, HAR- WALTER RINGTON, 1. --- 143.00 8.58 --- KEN- BOOM , NETH 761.68 91.25 5.48 --- DENNY HILL, LEE --- 77.75 4.66 --- BER- BRANOM , NARD 555.75 170.00 10.20 --- GEORGE HILL E. 1460.63 153.75 9.23 --- MI- BROWN, CHAEL 1087.75 286.29 17.17 --- NORMAN JOHN- SCOTT 3540.73 1049. 88 65 .99 --- SON, BUREOS, CLYDE PAT P. --- 138.75 8.32 --- ELTON 201.60 72.00 4.32 --- CASE- LA- LEY, HARTY, DANNY MARK LEE --- 18.00 1.08 --- A. 11.80 10.00 .60 --- DAVIS, LARGE, RONALD CURTIS C. 53.28 94.00 5.64 --- L. 333.45 87.75 5.26 --- DEL, LESUE, BONE, MI- WIL- CHAEL LIAM D. 53.10 19.25 1.16 --- J. --- 257.00 15 42 --- MAHER, DOVER, BRENT 89.80 36.00 2.16 --- CHARLES --- 300.50 18.03 --- MAHER, FRON- PAT- ATT, RICK 63 70 --- --- --- RICH- MELOTT, ARD STAN- S. 1271.30 422.25 25.34 --- LEY GARD- E. 7020.34 1017.25 61.02 --- NER, NELSON, DUSTY DAVID FRANK 1256.83 705.50 42.32 --- L. --- 38.25 2.30 --- GLA- NEWMAN, SHEY, RICH THOMAS EARL 620.60 632.75 37.97 1296.78 W. --- 52.50 4.15 --- PAUL, GORHAM, JEFF STEVEN R. --- 259.50 15.57 --- M 429.50 297.50 17.85 --- PRICE, HANSEN, ROBERT MARC E. --- 114.00 6.84 J. 295.93 121.37 7.29 --- ACME ROOFING CO. 575 BACKPAY PENSION APPREN- HEALTHTICE BACKPAY PENSION ,9PPREN- HEALTHTICE SCHWEI- KEL, AARON --- 115.50 6.93 TAYLOR, ROBERT III 2.50 123.00 7.38 SNYDER, STE- 1PHEN THOMAS, MATT W. 521.05 167.25 10.03 M. --- 12.50 .75 TINKER, SUTTER, JEFF- LINDY M 1340.64 178.75 10.72 ERY P. 7.20 4.00 .24 WAGNER, ROBIN 12.18 142.12 8.52 WHES- TINE, CHRIS 436.95 242.75 14 56 WIN- TERS, TODD --- 10.00 .60 WOLF, GARY C 45.00 2500 1.50