Cadence Innovation, LLC

National Labor Relations Board - Board Decisions

May 29, 2009

354 NLRB No. 28 (N.L.R.B. 2009)

354 NLRB No. 28
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.
Cadence Innovation, LLC Debtor-in-Possession and
International Union, United Automobile, Aero-
space and Agricultural Implement Workers of
America, AFL–CIO–CLC. Cases 9–CA–43672
(formerly 7–CA–50215), 9–CA–43673 (formerly
7–CA–50320), and 9–CA–43674 (formerly 7–CA–
50338)
May 29, 2009
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBER SCHAUMBER
The General Counsel seeks default judgment in this
case on the ground that the Respondent has failed to file
an answer to the compliance specification.
On January 16, 2009, the Board issued a Decision and
Order1 that, among other things, ordered the Respondent
to make whole employee Tawana Merriewether for any
loss of earnings and other benefits suffered as a result of
the Respondent’s unfair labor practices in violation of
Section 8(a)(3) and (1) of the Act.
A controversy having arisen over the amount of back-
pay due Merriewether, on March 25, 2009, the Regional
Director issued a compliance specification and notice of
hearing alleging the amount due under the Board’s Or-
der. The compliance specification notified the Respon-
dent that it should file an answer by April 15, 2009,
complying with the Board’s Rules and Regulations. Al-
though properly served with a copy of the compliance
specification, the Respondent failed to file an answer.
By letter dated April 17, 2009, the Region advised the
Respondent that no answer to the compliance specifica-
tion had been received and that unless an answer was
filed by April 24, 2009, a motion for default judgment
would be filed. To date, the Respondent has not filed an
answer.
On May 4, 2009, the General Counsel filed with the
Board a Motion for Default Judgment, with exhibits at-
tached. On May 8, 2009, 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.

1 353 NLRB No. 77.
Ruling on the Motion for Default Judgment2
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 having
been advised of the filing requirements, has failed to file
an answer to the compliance specification. In the ab-
sence 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 we grant the
General Counsel’s Motion for Default Judgment. Ac-
cordingly, we conclude that the net backpay due the dis-
criminatee is as stated in the compliance specification as
modified below,3 and we will order the Respondent to
pay that amount to Tawana Merriewether, plus interest
accrued on the amount to the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondent, Cadence Innovation, LLC, Debtor-in-
Possession, Troy, Michigan, its officers, agents, succes-
sors, and assigns, shall make Tawana Merriewether
whole by paying her the amount following her name,
plus interest accrued to the date of payment, as pre-
scribed in New Horizons for the Retarded, 283 NLRB

2 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the Board’s
powers in anticipation of the expiration of the terms of Members Kir-
sanow and Walsh on December 31, 2007. Pursuant to this delegation,
Chairman Liebman and Member Schaumber constitute a quorum of the
three-member group. As a quorum, they have the authority to issue
decisions and orders in unfair labor practice and representation cases.
See Sec. 3(b) of the Act. See New Process Steel v. NLRB, ___ F.3d
___, 2009 WL 1162556 (7th Cir. May 1, 2009), petition for cert. filed
__ U.S.L.W. __ (U.S. May 27, 2009) (No. 08-1457); Northeastern
Land Services. v. NLRB, 560 F.3d 36 (1st Cir. 2009), rehearing denied
No. 08-1878 (May 20, 2009). But see Laurel Baye Healthcare of Lake
Lanier, Inc. v. NLRB, ___ F.3d ___, 2009 WL 1162574 (D.C. Cir.
May 1, 2009), petition for rehearing filed Nos. 08-1162, 08-1214 (May
27, 2009).
3 We note and correct three mathematical errors in the General
Counsel’s Appendix A, which is attached to the compliance specifica-
tion. First, the correct amount of total gross backpay owed to the dis-
criminatee is $17,097, not $17,098. Second, the correct amount of net
backpay owed to the discriminatee for the third quarter of 2007 is
$3519, not $3520. Third, the correct amount of total net backpay owed
to the discriminatee is $7533, not $7534.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
1173 (1987), minus tax withholdings required by Federal
and State laws:
Tawana Merriewether $7,533
Dated, Washington, D.C. May 29, 2009
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD