Courtyard Manor of Livonia

National Labor Relations Board - Board Decisions

Aug 31, 2006

347 N.L.R.B. 114 (N.L.R.B. 2006)

347 NLRB No. 114
Courtyard Manor of Livonia and Local 79, Service
Employees International Union. Cases 7–CA–
46452, 7–CA–46673, 7–CA–46860, 7–CA–46907,
and 7–CA–47054
August 31, 2006
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS LIEBMAN, SCHAUMBER, AND KIRSANOW
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the amended compliance specification.
On January 20 and April 21, 2004, the Board issued
Decisions and Orders in Cases 7–CA–46452 and 7–CA–
46673,1 and Cases 7–CA–46860, 7–CA–46907, and 7–
CA–47054,2 respectively, that, among other things, or-
dered the Respondent to make whole Andrea Walker,
Sheila Webb, Angela Thomas Butts, Teresa Benton, and
Tanissa May for any loss of earnings and benefits they
may have suffered as a result of the Respondent’s unfair
labor practices in violation of Section 8(a)(3) and (1) of
the Act. On June 21 and August 19, 2004, the United
States Court of Appeals for the Sixth Circuit entered its
judgments enforcing the Board’s Orders.3
A controversy having arisen over the amounts of
backpay due the discriminatees, on May 25 and June 2,
2006, the Regional Director issued a compliance specifi-
cation and an amended compliance specification, respec-
tively, alleging the amounts due under the Board’s Or-
ders. The amended compliance specification notified the
Respondent that it should file a timely answer complying
with the Board’s Rules and Regulations. Although prop-
erly served with a copy of the amended compliance
specification, the Respondent failed to file an answer.
By certified letter dated June 26, 2006, the Regional
Attorney advised the Respondent that no answer to the
amended compliance specification had been received and
that unless an answer was filed by July 3, 2006, a motion
for default judgment would be filed. To date, the Re-
spondent has not filed an answer.
On July 11, 2006, the General Counsel filed with the
Board a Motion for Default Judgment and a memoran-
dum in support, with exhibits attached. On July 19,
2006, the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondent did not
file a response. The allegations in the motion and in the
amended compliance specification are therefore undis-
puted.

1 341 NLRB No. 4 (2004).
2 341 NLRB No. 85 (2004).
3 04-1550 and 04-1858.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on the Motion for Default Judgment
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 hav-
ing been advised of the filing requirements, has failed to
file an answer to the amended compliance specification.
In the absence of good cause for the Respondent’s failure
to file an answer, we deem the allegations in the
amended compliance specification to be admitted as true,
and grant the General Counsel’s Motion for Default
Judgment. Accordingly, we conclude that the net back-
pay due the discriminatees is as stated in the amended
compliance specification and we will order the Respon-
dent to pay those amounts to the discriminatees, plus
interest accrued to the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondents, Courtyard Manor of Livonia, Livonia,
Michigan, its officers, agents, successors, and assigns,
shall make whole the individuals named below, by pay-
ing them the amounts following their names, plus interest
accrued to the date of payment, as prescribed in New
Horizons for the Retarded, 283 NLRB 1173 (1987), mi-
nus tax withholdings required by Federal and State laws:
Teresa Benton $12,795.76
Tanissa May $8,091.99
Angela Thomas Butts $19,538.59
Andrea Walker $27,552.62
Sheila Webb $18,545.84
TOTAL BACKPAY: $86,524.80