Charles Sportswear Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 14, 1979

246 N.L.R.B. 986 (N.L.R.B. 1979)

I) E(ISIONS OF NA'IIO()NAI I.ABOR REl.ATIONS BOARI)
Werner Kallman d/b/a Charles Sportswear Manufac-
turing Company and Los Angeles Joint Board of the
International Ladies' Garment Workers' Union,
AFL-CIO. Case 21 CA 14283
December 14, 1979
SLIPPLEMENTAI. I)(ICISION AND ORDE[R
BYM IMIIRS JNKINS, MRIIY .\NI) I' I R I SI)AI
On August 30, 1977, the National I.abor Relations
Board issued a Decision and Order' in the above-
entitled proceeding in which it ordered, inter alia. that
Respondent reimburse unit employees for any losses
they may have suffered by reason of its refusal to sign
a collective-bargaining agreement in violation of Sec-
tion 8(a)(5) and (1) of the National Labor Relations
Act, as amended. Thereafter, on July 14, 1978, in an
unpublished decision, the U.S. Court of Appeals for
the Ninth Circuit entered its judgment enforcing the
Board's Order in full. A controversy having arisen
over the amount of backpay due the employees under
the terms of the Board's Order, as enforced by the
court, the Regional Director for Region 21. on May
22, 1979, issued and duly served on Respondent, by
registered mail, a backpay specification and notice of
hearing, alleging the amount of backpay and other
benefits due and notifying Respondent of its obliga-
tion to file a timely answer complying with the
Board's Rules and Regulations, Series 8. as amended.
On June 28, 1979, Respondent filed an answer to the
backpay specification.
Thereafter, on August 7, 1979, counsel for the Gen-
eral Counsel filed a motion to strike Respondent's an-
swer to the backpay specification and a Motion for
Summary Judgment. On August 15. 1979, the Board
issued an order transferring proceeding to the Board
and Notice To Show Cause why the General Coun-
sel's Motion for Summary Judgment should not be
granted. On September 4. 1979. Respondent tiled an
answer to order transferring proceedings to the
Board.
Pursuant to the provisions of Section 3(b) of the
National abor 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 fr Summary .l udgment
For the reasons discussed below, we have decided
to grant the General Counsel's Motion for Summary
Judgment.
As noted in an earlier decision, the Board found
that Respondent had violated Section 8(a)(5) and (1)
of the Act by failing and refusing to execute a written
contract which embodied the terms of a previously
agreed-upon oral agreement. The Ninth Circuit Court
of Appeals subsequently enforced the Board's Order
in full. Nevertheless, in response to paragraphs I. 2. 3,
5. 6, 8, 9. 14. 15, 16, 17, 18, and 19 of the backpay
specification. Respondent argues, the Board and
court decisions notwithstanding, that it is not now nor
has it ever been a signatory to, or obligated under, a
collective-bargaining agreement with the Charging
Party, and therefore it is under no obligation to com-
ply with the terms thereof. Counsel for the General
Counsel contends that by this response t the specifi-
cation Respondent is seeking to relitigate issues previ-
ously adjudicated adversel, to it rather than address-
ing the issue of backpay liability which is the subject
of this proceeding. We agree. The question of Re-
spondent's status as a signatoro to the relevant collec-
tive-bargaining agreement, with all its attendant obli-
gations, has been established to the satisfaction of the
Board and court in prior proceedings. Inasmuch as
Respondent's answer to the above-noted paragraphs
'231 NLRB 797.
246 NLRB No. 158
986
CHARLES SPORTSWEAR ANUIFACTURING CO.
of the backpay specification is neither responsive
thereto nor raises issues properly considered in this
proceeding, we deem those allegations of the specifi-
cation to be admitted to be true without the taking of
additional evidence.
In paragraph 4 of the specification, the General
Counsel sets forth the monthly Consumer Price In-
dexes for the backpay period as prepared by the U.S.
Bureau of Labor Statistics of the Department of La-
bor. In its answer, Respondent denies the allegation
in this paragraph of the specification based on the
lack of information and belief. The General Counsel
argues that the Board may take administrative notice
of the Consumer Price Index. We agree and shall ex-
ercise our administrative discretion to take notice of
the allegations in paragraph 4 of the specification.
In paragraph 10 of the specification, the General
Counsel alleges that certain employees were em-
ployed by Respondent from October I. 1975, through
February 28. 1978. the relevant dates herein. Respon-
dent denies this allegation on the basis that it had
terminated the operation of its business prior to the
middle of February 1978. We agree with the General
Counsel's contention that this denial lacks the requi-
site specificity to place this matter in issue.- We there-
fore find that this allegation is deemed to be admitted
to be true.
In paragraphs 12 and 13 of the specification. the
General Counsel has set forth his calculations. based
upon provisions appearing in the contract to which
2 In par 6 ofr ts answer to the backpa) specification. Respondent alleges
that, pursuant to agreements between Respondent and its various emplo)ees.
all moneys, allegedly due and owing, hase been paid. resulting n a complele
accord and satisfaction of ts backpa) obligatin as el torth n the specifica-
tion. In the absence off an? supporting documentatlon or references to such
evidence, we find Respondent's hare assertion nsufficent under Sec
102.54(h) or the Bard's Rules and Regulations to place this matter n issue
the Board and court have found Respondent ho ndul.
regarding the amount of hackpaN and acation hon sl
Respondent allegedlk owes to unit emplo)ees. In its
answer. Respondent denies the allegations hascd (On
lack of information. Inasmuch as the General ('oun-
sel's determinations with respect to Respondc t's Ii-
ability in these paragraphs are based ntirel, on the
contract to which Respondent is legall obligated. we
find Respondent's denial insufficient to place the
General Counsel's allegations in issue. Therefore. xwe
deem these allegations to be admitted to hb true.
Accordingl, 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 and benefit payments due the emplo\ees at'-
fected by Respondent's unlawful conduct is as stated
in the computations in the specification, and accord-
ingly orders that payment in accord with the backpay
specification be made by Respondent.'
ORDER
Pursuant to Section I0(c) of the National Labor
Relations Act, as amended. the National Labor Rela-
tions Board hereby orders that the Respondent. Wer-
ner Kallman d/b/a Charles Sportswear Manufactur-
ing Company. Anaheim. California, its officers.
agents, successors, and assigns, shall make whole each
of the employees affected by its unlawful conduct bv
payment to them of' the amounts set forth adjacent to
their names in the Appendix which is attached hereto.
plus interest in the manner set forth in floril Seel
Corporation. 231 NRB 651 ( 1977).) less tax with-
holdings required bi Federal and state laws.
'In ,ie, of our decision to grant the Gencrl (ounsels, Moilln tr Sum-
mary Judgment. we find It unnecessary to pass on his additional motion Ito
strike Respondent's answer.
4 See. generall?. Iao Plumhbin & Hearing (',. 138 NlRB 71h6 1962)
DEC(ISIONS OF NATIONAL I.ABOR RELATIONS BOARD
APPENDIX
NET BACKPAY VACATION,
'TOTAL HEALTH
(includes AND WELFARE RETIREMENT S.U.B.*
AIME- vacation) -'TOTA AL -TOTAL TOTAL
Alcala M
Alvarez L
Alvarez M
Barrera F
Barrientos AA
Barrientos L
Beltran M
Bergeson E
Biancone L
Camboa M
none
1,037.67
33.60
12.32
1,323.75
6.58
none
2,539.18
3,517.19
none
Carbonarra 0 2,825.40
Cervoni S none
Chang S 2,896.59
Cheung A 179.07
Clark C none
Costello G
Dejong F
Dix C
Encinas
Fajarda E
20.44
718.12
7.60
512.27
794.36
28.76
340.19
57.81
19.30
297.08
1.23
8.43
593.58
645.78
12.86
610.16
2.99
658.67
123.25
5.07
31.47
330.72
54.88
259.21
209.73
25.56
291.46
51.38
16.73
253.32
1.03
7.37
515.19
566.16
11.25
527.34
2.49
568.47
103.01
4.44
27.98
282.22
46.37
219.40
177.35
.80
12.17
1.60
.65
10.93
.05
.26
20.35
22.14
.40
20.93
.12
22.51
5.06
.16
.87
12.12
2.13
9.96
8.10
Flores M 92.71 40.45
Fonseca 0 241.96 191.13
Friend 0 2,515.24 569.13
Frushon A 2,845.39 547.06
Garcia C 29.44 15.31
35.78 1.17 3.51
168.25 5.71 17.06
491.17 19.49 58.48
471.20 18.97 56.90
12.76 .64 1.91
Giron E 324.98 200.13 176.02 6.02 18.08
Gomez M 34.84 14.33 11.94 .60 1.79
Gonzales J 10.40 10.83 9.02 .45 1.35
Gonzales M none 12.00 10.50 .38 1.12
(560-27-0468)
Gonzales M none 71.33 59.57 2.94 8.83
(547-24-9006)
NATIONAL
HEALTH
SERVICES
_ ToAL
2.40
36.55
4.82
1.93
32.83
.15
.79
61.04
66.44
1.20
62.71
.37
67.63
15.18
.48
2.62
36.40
6.38
29.85
24.28
988
('IARIl.S SP()R ISW'AR \MANI :A('Ii RING CO().
DE1T BACKPAY VACATION, NATIONAL
TOTAL HEAL'rtH tEALTH
(includes AND WELFARE RETIR]EMENrT S.U.B.* SERVICES
NAME vacation) TOTAL TOTAL TOTAL TOTAL
Gonzales P none 64.17 55.59 2.15 6.43
(000-01-7726)
Gonzales P 60.80 31.36 26.13 1.31 3.92
(427-28-7623)
Gonzales R 61.29 31.60 26.34 1.32 3.95
Graham J none 3.78 3.31 .12 .35
Gray J 2,179.66 447.11 385.27 15.45 46.37
Guerrero E none 2.61 2.28 .08 .24
Guzman E 120.76 59.60 52.94 1.66 5.00
Hernandez S 31.95 11.01 9.31 .42 1.27
long J 94.30 51.05 45.30 1.44 4.32
liwang C none 32.22 27.62 1.15 3.46
Icaza C 2,307.86 474.08 406.33 16.95 50.81
Jimenez C 63.02 17.90 15.28 .66 1.97
Kappas D 691.98 149.75 129.22 5.13 15.39
Kaufman M 258.21 90.02 75.29 3.68 11.05
Kim Y none 17.14 14.99 .54 1.61
King H 19.65 6.29 5.25 .27 .79
Krzywicki R 1,885.37 390.53 333.76 14.21 42.59
Lamm M 306.20 53.06 46.05 1.75 5.26
Lazo F 110.61 45.26 39.53 1.43 4.30
Lazo M 1,537.87 491.37 423.16 17.05 51.15
Le A 164.00 65.74 55.05 2.67 8.02
Le V 428.09 105.70 88.86 4.21 12.63
Logsdon M 1,203.63 318.38 273.99 11.10 33.30
Lovett J 112.27 87.20 76.49 2.68 8.04
Lozand I 50.32 18.99 15.93 .76 2.30
98(
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
NET BACKPAY
TOTAL
(includes
NAME vacation)
VACATION,
HEALTH
AND WELFARE
TrTAL
RETIREMENT
TOTAL
NATIONAL
HEALTH
S.U.B.* SERVICES
TOTAL TOTAL
Lozano R
Mc Annula A
Mc Cartney V
Mc Nair R
Mena M
Merino M
Meza R
Miranda R
Montoya H
Munoz R
Natividad M
Nguyen P
Orozco R
Padilla J
Parker C
Parra C
Patel L
Patterson S
Perez L
Perez T
Phillips J
Pietras A
Puente R
Ramer Y
Ramos G
15.59
5.33
.08
1.06
.18
934.83
301.33
3.57
none
8.10
none
49.90
188.14
none
127.10
24.93
17.94
3,084.03
9.00
152.16
46.78
15.96
.24
1. I 8
.54
424.15
131.79
2.21
29.72
4.65
20.96
28.20
251.19
16.13
72.40
13.21
10.30
581.58
5.57
66.27
361.75
110.51
1.89
25.47
3.93
18.34
23.50
215.79
13.83
64.19
11.01
8.72
504.73
4.77
56.01
.66
L.L7
8.85
. 58
2.)05
1.76
6 . I ,
.55
.40
19.20
.20
2.56
I .6f
1.19
57.61
.60J
7.69
none
294.24
60.88
1,315.48
621.74
none
1,245.30
37.64
none
none
18.31
109.81
35.33
242.99
196.47
49.15
376.87
15.60
12.18
21.73
.51
4.46
1.47
8.56
7.75
16.27
92.00
29.44
208.72
165.47
41.59
324.30
13.00
10.66
19.01
1.53
13.36
4.42
25.72
23.27
1.89
13.14
.65
.38
.68
5.67
39.44
1.95
1.14
2.04
__ __ _ _ _  _ _
990
CHARLES SPORTSWEAR 1ANUFACTURING CO.
NET BACKPAY
TOTAL
(includes
vacation)
2.17
173.53
133.26
13.41
697.14
VACATION,
HEALTH
AND WELFARE
TOTAL
1.15
106.96
84.51
5.75
423.46
NATIONAL
HEALTH
RETIREMENT S.U.B.* SERVICES
TOTAL TOTAL TOTAL
.96
89.32
70.73
4.79
364.47
.05
4.41
3.45
.24
14.75
.14
13.23
10.33
.72
44.17
Rocha M
Rodriguez B
Rodriguez F
Rojas M
Rosales A
Sanchez E
Shakman V
Sharp F
Shoobs T
Soler G
Spaulding N
Strode M
Suarez L
Tamayo J
Townley J
Trujillo G
Ureno M
Valdizan D
Valdizan L
Villalobos G
NAME
Reseck J
Reyes J
Reynoso B
Reynoso J
Reynoso R
1.36
3.12
.49
.89
1.02
61.39
143.47
none
38.48
none
64.79
1,664.74
17.01
813.34
none
259.12
58.24
60.65
26.67
14.23
4.07
9.37
1.47
2.65
3.05
48.81
75.01
12.37
22.13
36.60
29.05
476.50
12.02
472.32
77.13
329.01
21.82
22.11
21.20
8.17
43.39
62.50
10.77
18.59
32.53
24.21
407.95
10.52
409.37
68.21
283.08
18.46
18.42
18.85
6.92
1.21
17.13
.38
15.73
2.23
3.63
51.40
1.13
47.22
6.68
11.49
.84
.92
.59
.31
137.95
97.03
none
2,534.50
none
34.44
2.52
2.76
1.77
.94
46.24
94.84
46.50
521.25
19.46
40.98
83.62
40.68
447.40
16.23
1.31
2.80
1.46
18.44
.81
3.94
8.41
4.36
55.39
2.43
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