Allied Rendering Co.

National Labor Relations Board - Board Decisions

May 26, 1978

236 N.L.R.B. 495 (N.L.R.B. 1978)

ALLIED RENDERING COMPANY
George Frank t/a Allied Rendering Company and
Teamsters Local 107 a/w International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America. Case 4-CA-7649
(a) . The respondent shall, within 15 days
from the service oT the specification, if any, file
an answer thereto ....
May 26, 1978
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS PENELLO. MURPHY. AND TR:ESDALI.
On November 1, 1976, the National Labor Rela-
tions Board issued an Order in the above-captioned
proceeding in which, in the absence of exceptions
thereto, it adopted the Administrative Law Judge's
Decision and ordered, inter alia, that Respondent
make whole Henry F. Ausberry, Jr., and Norman C.
Shoemake for any loss of earnings resulting from Re-
spondent's unfair labor practices against them in vio-
lation of Section 8(a)( I) and (3) of the Act. On July
13, 1977, the Court of Appeals for the Third Circuit
entered its judgment, enforcing in full the Board's
Order, including its backpay provisions. A controver-
sy having arisen over the amount of backpay due
under the terms of the Board's Order as enforced by
the court, the Regional Director for Region 4, on
November 30, 1977, issued and duly served on Re-
spondent by registered mail a backpay specification
and notice of hearing, setting forth certain allega-
tions with respect to the amounts of backpay due the
discriminatees under the Board's Order, and notify-
ing Respondent that it must file a timely answer pur-
suant to the Board's Rules and Regulations, Series 8,
as amended. Respondent failed to file an answer to
the specification.
On February 24, 1978, counsel for the General
Counsel filed a Motion for Summary Judgment di-
rectly with the Board. The Board, on March 9, 1978,
issued an order transferring the proceeding to the
Board and Notice To Show Cause why the General
Counsel's Motion for Summary Judgment should not
be granted. Respondent failed to file 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 Na-
tional Labor Relations Board has delegated its au-
thority 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 102.54 of the Board's Rules and Regula-
tions provides, in pertinent part, as follows:
(c) ... If the respondent fails to file any an-
swer to the specification within the time pre-
scribed by this section, the Board may, either
with or without taking evidence in support of
the allegations of the specification and without
notice to the respondent, find the specification
to be true and enter such order as may be appro-
priate.
The backpay specification, issued on November 30,
1977. and served on Respondent by registered mail,
states that Respondent shall, within 15 days from the
date of the specification, file an answer to the spec-
ification with the Regional Director for Region 4.
The specification further states that, to the extent the
answer fails to deny the allegations of the specifica-
tion in the manner required under the Board's Rules
and Regulations, and the failure to do so is not ade-
quately explained, such allegations shall be deemed
to be admitted to be true and Respondent shall be
precluded from introducing any evidence controvert-
ing them.
Respondent has failed to respond to the Notice To
Show Cause and, therefore. the allegations of the
General Counsel's motion stand uncontroverted. As
Respondent has not filed an answer to the specifica-
tion nor offered any explanation for its failure to do
so, the allegations of the specification, in accordance
with the rules set forth above, are deemed to be ad-
mitted as true and are so found by the Board.
Accordingly, on the basis of the allegations of the
backpay specification. the Board finds the facts as set
forth therein to be true, concludes that the net back-
pay due the discriminatees, Henry F. Ausberry, Jr.,
and Norman C. Shoemake, is as stated in the compu-
tations of the specification, and hereinafter orders
that payment be made by Respondent to each discri-
minatee named below.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
George Frank t,'a Allied Rendering Company. Phila-
delphia, Pennsylvania. its officers, agents, successors,
and assigns. shall make whole each of the discrimina-
236 NLRB No. 58
495
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tees named below by payment to each of them the
amount set forth adjacent to his name, plus interest
as set forth in Is.is Plumbing & Heating Co., 138
NLRB 716) (1962). until all backpay is paid, less the
tax withholdings required by Federal and state laws:
Henry F. Ausberryv, Jr.
Norman C. Shoemake
496
$5,647.65
$8,238.50