Apple Painting Co., Inc.

National Labor Relations Board - Board Decisions

Aug 16, 2000

331 N.L.R.B. 133 (N.L.R.B. 2000)

331 NLRB No. 133
1
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Apple Painting Company, Inc. and Christine Marie
Paul Johnson. Case 7–CA–40902
August 16, 2000
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS FOX
AND BRAME
On April 29, 1999, the National Labor Relations Board
issued a Decision and Order, inter alia, ordering Apple
Painting Company, Inc., to take certain affirmative ac-
tions, including reinstating Charging Party Christine
Marie Paul Johnson and making her whole for her loss of
earnings and other benefits resulting from the Respon-
dent’s unfair labor practices in violation of the National
Labor Relations Act. On February 1, 2000, the United
States Court of Appeals for the Sixth Circuit issued its
mandate enforcing the Board’s Order.
A controversy having arisen over the amount of back-
pay due the Charging Party, on May 12, 2000, the Re-
gional Director for Region 7 issued a compliance specifi-
cation and notice of hearing alleging the amount due
under the Board’s Order, and notifying the Respondent
that it should file a timely answer complying with the
Board’s Rules and Regulations. Although properly
served with a copy of the compliance specification, the
Respondent failed to file an answer.
By letter dated June 7, 2000, the Regional attorney ad-
vised the Respondent, that no answer to the compliance
specification had been received and that unless an appro-
priate answer was filed by June 21, 2000, Default Sum-
mary Judgment would be sought. The Respondent filed
no answer.
On July 5, 2000, the General Counsel filed with the
Board a Motion for Summary Judgment, with exhibits
attached. On July 7, 2000, 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
Respondent again filed no 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 Summary Judgment
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that the Respondent shall file an answer
within 21 days from service of a compliance specifica-
tion. Section 102.56(c) of the Board’s Rules and Regula-
tions states:

If the respondent fails to file any answer to the specifi-
cation 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 with-
out further notice to the respondent, find the specifica-
tion to be true and enter such order as may be appropri-
ate.

According to the uncontroverted allegations of the Mo-
tion for Default Summary Judgment, the Respondent,
despite having been advised of the filing requirements,
has failed to file an answer to the compliance specifica-
tion. 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 General Counsel’s Motion for Summary Judgment.
Accordingly, we conclude that the amount due Christine
Marie Paul Johnson is as stated in the compliance speci-
fication and we will order payment by the Respondent of
those amounts to Christine Marie Paul Johnson, plus
interest accrued on those amo unts to the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondent, Apple Painting Company, Inc., Livonia,
Michigan, its officers, agents, successors, and assigns,
shall make whole the individual named below, by paying
her the amounts following her name, plus interest:

Fringe
Backpay Medical Benefits

Christine Marie
Paul Johnson $20,391.14 $45.00 $10,027.48

Dated, Washington, D.C. August 16, 2000

John C. Truesdale, Chairman

Sarah M. Fox, Member

J. Robert Brame III, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD