Diamond Dismantling, Inc.

National Labor Relations Board - Board Decisions

Aug 22, 2000

331 N.L.R.B. 1055 (N.L.R.B. 2000)

DIAMOND DISMANTLING 1055
Diamond Dismantling, Inc. and Robert E. Herron.
Case 7–CA–41760
August 22, 2000
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FOX, LIEBMAN, AND HURTGEN
On June 30, 1999, the National Labor Relations Board
issued a Decision and Order,1 inter alia, ordering Dia-
mond Dismantling, Inc. to make whole Robert E. Herron,
one of its employees, for any loss of earnings and other
benefits resulting from the Respondent’s unlawful dis-
crimination against him. On November 9, 1999, the
United States Court of Appeals for the Sixth Circuit is-
sued its mandate in Case No. 99–6196 enforcing the
Board’s Decision and Order.
A controversy having arisen over the amount of back-
pay due Robert E. Herron, on May 15, 2000, the Re-
gional Director for Region 7 issued a compliance specifi-
cation and notice of hearing alleging the amount due
under the Board’s Order, and notifying the Respondent
that it should file a timely answer complying with the
Board’s Rules and Regulations. Although properly
served with a copy of the compliance specification, the
Respondent failed to file an answer.
By letter dated June 7, 2000, the Regional Attorney
advised the Respondent that no answer to the compliance
specification had been received and that unless an appro-
priate answer was filed by June 21, 2000, summary
judgment would be sought. The Respondent filed no
answer.
On July 17, 2000, the General Counsel filed with the
Board a Motion for Summary Judgment, with exhibits
attached. On July 20, 2000, 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.

1 328 NLRB 892 (1999).
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on the Motion for Summary Judgment
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that the Respondent shall file an answer
within 21 days from service of a compliance specifica-
tion. Section 102.56(c) of the Board’s Rules and Regula-
tions states:
If the respondent fails to file any answer to the specifi-
cation 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 with-
out further notice to the respondent, find the specifica-
tion to be true and enter such order as may be appropri-
ate.
According to the uncontroverted allegations of the Mo-
tion for Summary Judgment, the Respondent, despite
having been advised of the filing requirements, has failed
to file an answer to the compliance specification. In the
absence 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 grant the Gen-
eral Counsel’s Motion for Summary Judgment. Accord-
ingly, we conclude that the net backpay due Robert E.
Herron is as stated in the compliance specification and
we will order payment by the Respondent of the amount
to the discriminatee, plus interest accrued on the amount
to the date of payment and less tax withholding required
by Federal and State laws.
ORDER
The National Labor Relations Board orders that the
Respondent, Diamond Dismantling, Inc., Detroit, Michi-
gan, its officers, agents, successors, and assigns, shall
make whole the individual named below, by paying him
the amount following his name, plus interest, interest to
be computed in the manner prescribed in New Horizons
for the Retarded, 283 NLRB 1173 (1987), minus tax
withholdings required by Federal and State laws:
Robert E. Herron $12,602.32

331 NLRB No. 138