Action Mulit-Craft

National Labor Relations Board - Board Decisions

Sep 25, 2006

348 N.L.R.B. 13 (N.L.R.B. 2006)

348 NLRB No. 13
Action Temporary Employment a/k/a Action Multi-
Craft and Local Union 654, International Broth-
erhood of Electrical Workers AFL–CIO and
Local Union 313, International Brotherhood of
Electrical Workers AFL–CIO. Cases 4–CA–
23898, 4–CA–24026, 4–CA–23974, and 4–CA–
24001
September 25, 2006
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS SCHAUMBER, KIRSANOW, AND WALSH
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the compliance specification.
On December 20, 2001, the Board issued a Decision
and Order1 that, among other things, ordered the Re-
spondent to make whole 20 named discriminatees for any
loss of earnings they may have suffered as a result of the
Respondent’s unfair labor practices in violation of Sec-
tion 8(a)(3) and (1) of the Act. Subsequently, the United
States Court of Appeals for the District of Columbia Cir-
cuit entered its default judgment enforcing in full the
Board’s Order.
A controversy having arisen over the amounts of
backpay due the discriminatees, on June 30, 2006, the
Regional Director issued a compliance specification and
notice of hearing alleging the amounts due under the
Board’s Order.2 The compliance specification notified
the Respondent that it should file an answer by July 21,
2006, complying with the Board’s Rules and Regula-
tions. Although properly served with a copy of the com-
pliance specification, the Respondent failed to file an
answer.
By letter dated July 25, 2006, the Region advised the
Respondent that no answer to the compliance specifica-
tion had been received and that unless an answer was
filed by July 31, 2006, a motion for default judgment
would be filed pursuant to Section 102.56 of the Board’s
Rules and Regulations, a copy of which was enclosed.
The Respondent did not thereafter file an answer.
On August 7, 2006, the General Counsel filed with the
Board a Motion for Default Judgment, with exhibits at-
tached. On August 9, 2006, 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

1 337 NLRB 268.
2 Although the Board’s Order named 20 discriminatees, the compli-
ance specification alleges that only 5 individuals are owed backpay
under the Board’s Order: William Bryant, William Harold Jones,
Robert Lange, Jr., Robert Matsinger, and Daniel Minnick, Jr. The
compliance specification states that these individuals are the five dis-
criminatees who should have been hired to fill the positions at issue in
the underlying unfair labor practice case.
Respondent did not file a response. The allegations in
the motion and in the compliance specification are there-
fore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on the Motion for Default Judgment
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that a respondent shall file an answer
within 21 days from service of a compliance specifica-
tion. Section 102.56(c) provides that if the respondent
fails to file an answer to the specification within the time
prescribed by this section, the Board may, either with or
without taking evidence in support of the allegations of
the specification and without further notice to the re-
spondent, find the specification to be true and enter such
order as may be appropriate.
According to the uncontroverted allegations of the Mo-
tion for Default Judgment, the Respondent, despite hav-
ing been advised of the filing requirements, has failed to
file an answer to the compliance specification. In the
absence of good cause for the Respondent’s failure to file
an answer, we deem the allegations in the compliance
specification to be admitted as true, and grant the Gen-
eral Counsel’s Motion for Default Judgment. Accord-
ingly, we conclude that the net backpay due the discrimi-
natees is as stated in the compliance specification and we
will order the Respondent to pay those amounts to the
discriminatees, plus interest accrued on the amounts to
the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondent, Action Temporary Employment a/k/a Ac-
tion Multi-Craft, its officers, agents, successors, and as-
signs, shall make whole the individuals named below, by
paying them the amounts following their names, plus
interest accrued to the date of payment, as prescribed in
New Horizons for the Retarded, 283 NLRB 1173 (1987),
minus tax withholdings required by Federal and State
laws:
William Bryant $ 2,621.08
William Harold Jones 1,139.16
Robert Lange, Jr. 3,619.32
Robert Matsinger 2,452.89
Daniel Minnick, Jr. 440.00
TOTAL BACKPAY: $10,272.45