Felsa Knitting Mills, Inc.

National Labor Relations Board - Board Decisions

May 1, 1975

217 N.L.R.B. 664 (N.L.R.B. 1975)

664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Felsa Knitting Mills, Inc . andLocal 107, International
Ladies' Garment Workers' Union, AFL-CIO. Case
29-CA-3380
May 1, 1975 -
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND PENELLO
On January 18, 1974, the National Labor Relations
Board issued a Decision and Order in the above-cap-
tioned proceeding' adopting the recommended Order
of the Administrative Law Judge requiring Felsa Knit-
ting Mills, Inc., herein called the Respondent, inter
alia, to make Ignacio Manrique and Ruben Belevan
whole for any loss of pay they may have suffered by
reason of the discrimination against them. A contro-
versy having arisen over -the amount of backpay due
under the Board's Order, the Regional Director for
Region 29, on December 4, 1974, issued and duly
served on the Respondent a backpay specification and
notice of hearing, alleging the amount of backpay due
under the Board's Order and notifying the Respondent
that it shall file a timely answer pursuant to Section
102.54 of the Board's Rules and Regulations. The Re-
spondent failed to file an answer.
Thereafter, on January 20, 1975, counsel for the
General Counsel filed directly with the Board a motion
for judgment on the pleadings and for issuance of a
Board order based on the failure of Respondent to file
an answer. Subsequently, on February 3, 1975, the
Board issued an order transferring proceeding to the
Board and notice to show cause why counsel for the
General Counsel's motion should not be granted. The
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 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:
1 208 NLRB 504. According to counsel for the General Counsel, the
Respondent stipulated that it has no objection to the Board's Order and that
it will comply with all of its provisions
Ruling-on the Motion for Summary Judgment
Section 102.54 of the Board's Rules and Regulations
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 ... .
(c) . . . 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
specification and without notice to the respondent,
find the specification to be true and enter such
order as may be appropriate . . . .
The backpay specification issued on December 4,
1974, and served on the Respondent by registered mail,
specifically states that the Respondent shall, within 15
days from the date of the specification, file an answer
to the specification with the Regional Director for Re-
gion 29 and that, to the extent an -answer is not filed,
the allegations of the specification shall be deemed to
be admitted by the Respondent to be true and it may
be so found by the Board.
According to the counsel for the General Counsel's
motion, on or about December 21, 1974, Respondent's
counsel informed counsel for the General Counsel that
the Respondent did not intend to appear at the hearing
or oppose the specification. The time to answer the
specification expired on December 19, 1974, and as of
January 17, 1975, the date of the General Counsel's
motion, the Respondent had not filed an answer nor
applied for an extension of time to file an answer. Re-
spondent also failed to file a response to the notice to
show cause and, therefore, the allegations of the Gen-
eral Counsel's motion stands uncontroverted. As the
Respondent has not filed an answer to the specification
nor offered any explanation for its failure to do so, in
accordance with the rules set forth above, the allega-
tions of the specification are deemed to be admitted as
true and so found by the Board.
Accordingly, the Board finds, on the basis of the
allegations of the backpay specification, which are ac-
cepted as true, the facts as set forth therein; concludes
that the net backpay due each of the discriminatees,
Ignacio Manrique and Ruben Belevan, is as stated in
the computations of the specification; and hereinafter
orders that payment thereof be made by the Respond-
ent to each discriminatee named below.
217 NLRB No. 102
FELSA KNITTING MILLS, INC. 665
ORDER plus interest accured at the rate of 6 percent per annum
to be computed in the manner specified in Isis Plumb-
Pursuant to Section 10(c) of the National Labor Re- ing & Heating Co., 138 NLRB 746 (1963), until pay-
lations Act , as amended , the National Labor Relations ment of all backpay due, less tax withholding required
Board hereby orders that the Respondent , Felsa Knit- by Federal and state laws:
ting Mills , Inc., Farmingdale , New York, its officers,
agents, successors , and assigns , shall make whole each Ignacio Manrique $5885.28
of the discriminatees named below by payment to each
of them the amount set forth adjacent to their names , Ruben Belevan $168.00