Crile Machine Co.

National Labor Relations Board - Board Decisions

Mar 31, 1988

288 N.L.R.B. 289 (N.L.R.B. 1988)

CRILE MACHINE CO. 289
Crile Machine Company and District Lodge 63,
International Association of Machinists and
Aerospace Workers, AI, L-CIO-CLC. Case 6-
CA-19412
March 31, 1988
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND BABSON
On January 9, 1987, the National Labor Rela-
tions Board issued its Decision and Order in this
pr oceeding. 1 It required the Respondent, among
other things, to make whole its employees for any
loss of earnings and other employment benefits be-
cause of its failure to apply the terms of a collec-
tive-bargaining agreement with the Union, and to
make the Union whole for any loss of dues that re-
sulted from the Respondent's failure to comply
with the collective-bargaining agreement. On July
10, 1987, the United States Court of Appeals for
the Third Circuit entered judgment enforcing the
Board's Order.2
On December 15, 1987, the Regional Director
for Region 6 issued and served on the Respondent
a backpay specification alleging the amounts due
employees and the Union under the Board's Order.
The backpay specification informed the Respond-
ent of its responsibility to file an answer pursuant
to Section 102.54 of the Board's Rules and Regula-
tions. The Respondent failed to file an answer as
prescribed.
By letter dated Janaury 7, 1988, the Acting Re-
gional Attorney for Region 6 notified the Respond-
ent that it had not filed an answer and if it did not
submit one by a specified date or request an exten-
sion of time to file, a Motion for Summary Judg-
ment would be filed with the Board. The Respond-
ent did not file an answer or request an extension
of time to file.
On January 19, 1988, the General Counsel filed
with the Board a Motion for Summary Judgment
Upon the Backpay Specification. On January 21,
1988, the Board transferred the proceeding to the
Board and issued a Notice to Show Cause why it
should not grant the General Counsel's Motion for
Summary Judgment. The Respondent did not re-
spond to the Board's notice.
The National Labor Relations Board has delegat-
ed its authority in this prbceeding to a three-
member panel.
On the entire record in this proceeding, the
Board makes the following
1 282 NLRB No 96 (not published in bound volume).
2 No. 87-3103.
Ruling on the Motion for Summary Judgment
Section 102.54 of the Board's Rules and Regula-
tions sets forth the time and manner in which an
answer shall be filed to a backpay specification. It
further provides that if an answer is not filed as
prescribed, the Board may find the backpay specifi-
cation to be true and enter an appropriate order.3
Although informed of Section 102.54's require..
ments by the backpay specification and by letter,
the Respondent filed no answer. Accordingly, we
accept the allegations of the backpay specification
as true, and we grant the General Counsel's
Motion for Summary Judgment.
On the basis of the allegations of the backpay
specification, which are accepted as true, the Board
finds the facts as set forth in the specification, con-
chides that the amounts due each employee, the
relevant benefit fund, and the Union are as comput-
ed in the specification, and orders the Respondent
to make payment as set forth below.
ORDER
The National Labor Relations Board orders that
the Respondent, Crile Machine Company, Wash-
ington, Pennsylvania, its officers, agents, succes-
sors, and assigns, shall
1. Pay to the employees named below the
amounts set forth opposite their respective names,
plus interest accrued to the date of payment, minus
tax withholdings required by Federal and state
laws.4
James Bryner $1278
Robert Ward 1278
Steve Mersky 1278
Brad Marx 1278
John Ardeno 1278
Donald Miller 1278
Terry Wright 852
2. Pay to the National I.A.M. Benefit Trust
Fund $1268.40 on behalf of various Crile Machine
Company employees into their accounts for both
dental and vision programs 5
3 Sec. 102.54(c) states
If the respondent fails to file any 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 specifica-
tion and without notice to the respondent, find the specification to
be true and enter such order as may be appropriate
4 In accordance with our decision in New Horizons for the Retarded,
283 NLRB 1173 (1987), interest on and after January 1, 1987, shall be
computed at the "short-term Federal rate" for the underpayment of taxes
as set out in the 1986 amendment to 26 U.S.0 § 6621. Interest on
amounts accrued prior to January 1, 1987 (the effective date of the 1986
amendment to 26 U S.C. § 6621), shall be computed in accordance with
Florida Steel Corp., 231 NLRB 651 (1977).
5 See Merryweather Optical Co., 240 NLRB 1213 (1979).
288 NLRB No. 37
290 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
3. Pay $1372 to District Lodge 63, International AFL-CIO-CLC on behalf of various Crile Ma-
Association of Machinists and Aerospace Workers, chine Company employees for union dues.