Carbide Tools, Inc.

National Labor Relations Board - Board Decisions

Dec 7, 1977

233 N.L.R.B. 1002 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Carbide Tools, Incorporated and Joe Staniszewski,
James A. Chadwick, Gary R. Neidenbach,'Daniel
J. Friedi, Bernard Friedl, and Roy Trivett. Cases
8-CA-7006, -2, -3, 8-CA-7149, 8-CA-7160, and
8-CA-7224
December 7, 1977
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS JENKINS, PENELLO, AND MURPHY
On August 7, 1973, the National Labor Relations
Board issued its Decision and Order' in the above-
entitled proceeding in which it ordered, inter alia,
that Respondent make whole James A. Chadwick,
Willie Chislom, Jr., Mark Frederick, Douglas Ed-
ward Freed, Bernard Friedl, Jr., Daniel J. Friedl,
Joseph Holz, Gary R. Neidenbach, Stanley Piszczek,
Michael Shamatta, Joe Staniszewski, Roy Trivett,
and Michael Yakubics for any loss of pay they may
have suffered as a result of Respondent's discrimina-
tion against them. Thereafter, on April 22, 1974, the
United States Court of Appeals for the Sixth Circuit
entered its judgment enforcing the Board's Order.2 A
controversy having arisen as to the amounts of
backpay due under the terms of the Board's Order, as
enforced by the court, the Regional Director for
Region 8, on March 30, 1977, issued and duly served
on Respondent, by registered mail, a backpay
specification and notice of hearing alleging the
amounts of backpay due the discriminatees under the
Board's Order and notifying Respondent that it shall
file a timely answer which must comply with the
Board's Rules and Regulations. Thereafter, on April
15, 1977, Respondent filed its answer to the specifica-
tion in the form of a letter dated April 14, 1977,
generally denying the allegations in the specification.
On June 3, 1977, counsel for the General Counsel
filed directly with the Board a motion for judgment
on the pleadings in accordance with the specifica-
tion, herein called Motion for Summary Judgment.
Subsequently, on June 16, 1977, the Board issued an
order transferring the proceeding to the Board and a
Notice To Show Cause on or before June 30, 1977,
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
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following:
1 205 NLRB 318.
233 NLRB No. 147
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 ....
(b) . . . The respondent shall specifically
admit, deny, or explain each and every allegation
of the specification, unless the respondent is
without knowledge, in which case the respondent
shall so state, such statement operating as a
denial. Denials shall fairly meet the substance of
the allegations of the specification denied ....
As to all matters within the knowledge of the
respondent, including but not limited to the
various factors entering into the computation of
gross backpay, a general denial shall not suff-
ice. ...
(c) ... If the respondent files an answer to the
specification but fails to deny any allegation of
the specification in the manner required by
subsection (b) of this section, and the failure so to
deny is not adequately explained, such allegation
shall be deemed to be admitted to be true, and
may be so found by the Board without the taking
of evidence supporting such allegation, and the
respondent shall be precluded from introducing
any evidence controverting said allegation.
The backpay specification duly issued, served, and
received by Respondent states that an answer shall
be filed within 15 days after service of the specifica-
tion and that, to the extent that the answer denies,
without adequate explanations, the allegations of the
specification in the manner required by the Board's
Rules and Regulations, such allegations shall be
deemed to be admitted to be true and Respondent
precluded from introducing any evidence controvert-
ing them. According to the Motion for Summary
Judgment, by letter dated April 14, 1977, received in
Region 8 on April 15, 1977, Respondent filed an
answer stating that it "is not in agreement of any
employee backpay," and asserted financial inability
to pay anything.
Respondent's answer merely contains a general
denial of the allegations of the backpay specification
and does not specifically deny the allegations as
required by Section 102.54(b) of the Board's Rules
and Regulations. The failure so to deny is not
adequately explained. Accordingly, as the answer
fails to comply with the provisions of Section
2 492 F.2d 795.
1002
CARBIDE TOOLS, INCORPORATED
102.54(b) and (c) of the Board's Rules and Regula-
tions, pursuant to such provisions the allegations of
the specification are deemed to be admitted to be
true and are so found by the Board without taking
evidence in support of said allegations.
Accordingly, on the basis of the allegations of the
specification which are accepted as true, the Board
finds the facts as set forth therein, concludes the net
backpay due each of the discriminatees, James A.
Chadwick, Willie Chislom, Jr., Mark Frederick,
Douglas Edward Freed, Bernard Friedl, Jr., Daniel J.
Friedl, Joseph Holz, Gary R. Neidenbach, Stanley
Piszczek, Michael Shamatta, Joe Staniszewski, Roy
Trivett, and Michael Yakubics, is as stated in the
computations of the specification, and orders that
payment thereof be made by Respondent to each
discriminatee.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Carbide Tools, Incorporated, Parma, Ohio, its
officers, agents, successors, and assigns, shall make
whole each of the discriminatees, James A. Chad-
wick, Willie Chislom, Jr., Mark Frederick, Douglas
Edward Freed, Bernard Friedl, Jr., Daniel J. Friedl,
Joseph Holz, Gary R. Neidenbach, Stanley Piszczek,
Michael Shamatta, Joe Staniszewski, Roy Trivett,
and Michael Yakubics, the employees named below,
by payment to them of the amounts set forth
adjacent to their names, plus interest accrued at the
rate of 6 percent per annum to be computed in the
manner specified in Isis Plumbing & Heating Co., 138
NLRB 716 (1962), until payment of all backpay due,
less tax withholdings required by Federal and state
laws:
James A. Chadwick
Willie Chislom, Jr.
Mark Frederick
Douglas Edward Freed
Bernard Friedl, Jr.
Daniel J. Friedl
Joseph Holz
Gary R. Neidenbach
Stanley Piszczek
Michael Shamatta
Joe Staniszewski
Roy Trivett
Michael Yakubics
$4,762.76
1,648.47
7,281.20
0
1,588.00
3,971.45
4,483.55
1,074.36
502.23
1,629.88
4,819.64
657.17
1,436.15
1003