B & L Plunbling

National Labor Relations Board - Board Decisions

Sep 26, 1980

252 N.L.R.B. 410 (N.L.R.B. 1980)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Fred Branch d/b/a B & L Plumbing and United As-
sociation of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry, Local 598.
Case 19-CA-10749
September 26, 1980
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
On August 2, 1979, the National Labor Relations
Board issued a Decision and Order' in the above-
entitled proceeding in which the Board, inter alia,
ordered the Respondent to make whole certain em-
ployees for any loss of pay suffered by reason of
the Respondent's discrimination against them. A
controversy having arisen over the amount of
backpay due under the Board's Order, the Region-
al Director for Region 19, on April 15, 1980, issued
and thereafter duly served on the Respondent a
backpay specification and notice of hearing, alleg-
ing the amount of backpay due the discriminatees
under the Board's Order and notifying the Re-
spondent that it should file a timely answer com-
plying with the Board's Rules and Regulations.
The Respondent failed to file such an answer.
Thereafter, on July 14, 1980, counsel for the
General Counsel filed directly with the Board a
Motion for Summary Judgment. Subsequently, on
July 22, 1980, the Board issued an order transfer-
ring the proceeding to the Board and Notice To
Show Cause why the General Counsel's motion
should not be granted. The 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, Series 8, as amended, provides, in pertinent
part, as follows:
(a) . . . The respondent shall, within 15 days
from the service of the specification, if any,
file an answer thereto....
* * *
(c) . .. If the respondent fails to file any
answer to the specification within the time
prescribed by this section, the Board may,
' 243 NLRB 1016
252 NLRB No. 69
either with or without taking evidence in sup-
port 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 appropriate.
The backpay specification, issued on April 15,
1980, and personally served on the Respondent on
or about June 22, 1980, specifically states that the
Respondent shall, within 15 days from the date of
the specification, file with the Regional Director
for Region 19 an answer to the specification and
that, if the answer fails to deny the allegations of
the specification in the manner required under the
Board's Rules and Regulations and the failure to do
so is not adequately explained, such allegations
shall be deemed to be admitted to be true and the
Respondent shall be precluded from introducing
any evidence controverting them. As of July 14,
1980, the date of the Motion for Summary Judg-
ment, the Respondent had filed no answer and to
date has not indicated that it would file an
answer. 2 The Respondent also failed to file a re-
sponse to the Notice To Show Cause and, there-
fore, the allegations of the Motion for Summary
Judgment stand uncontroverted. As the Respond-
ent has not filed an answer to the specification and
has not offered any explanation for its failure to do
so, the allegations of the specification, in accord-
ance with the rules set forth above, are deemed to
be admitted as true and are so found by the Board.
Accordingly, the Board concludes that the net
backpay due the discriminatees, Paul Lanno, Lynn
Lawhon, and Tyrone Riggle, is as stated in the
computations of the specification, and orders the
payment thereof by the Respondent to the discri-
minatees.
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,
Fred Branch, d/b/a B & L Plumbing, Kennewick,
Washington, his agents, successors, and assigns,
shall make whole the discriminatees named below,
by payment to them of the amounts following their
names, plus interest thereon to be computed in the
manner prescribed in Florida Steel Corporation, 231
NLRB 651 (1977),3 until payment of all backpay
2 In fact. in a telephone conversation with counsel for he General
Counsel. the Respondent indicated that he did not intend to file an
answer or appear at the scheduled hearing.
a: See, generally. Isis Plumbing & Heating Co., 138 NLRB 716 (1962)
Member Jenkins would compute interest (on backpay due in the manner
set forth in his partial dissent in Olympic Medical Corporation, 250 NLRB
No II t1980)
410
B & L PLUMBING
due is made, less tax withholdings required by Fed-
eral and state laws:
Paul Lanno
Lynn Lawhon
Tyrone Riggle
411
$ 677.50
4.697.88
1,369.22