G & G Fire Sprinklers

National Labor Relations Board - Board Decisions

Jul 11, 1997

323 N.L.R.B. 215 (N.L.R.B. 1997)

1
NOTICE: This opinion is subject to formal revision before publication
in the Board volumes of NLRB decisions. Readers are requested to
notify the Executive Secretary, National Labor Relations Board,
Washington, D.C. 20570, of any typographical or other formal er­
rors so that corrections can be included in the bound volumes.
G&G Fire Sprinklers, Inc. and Road Sprinkler Fit­
ters Local Union No. 669, United Association of
Journeymen and Apprentices of the Plumbing
and Pipe Fitting Industry of the United States
and Canada, AFL–CIO. Case 32–CA–14651
July 11, 1997
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN GOULD AND MEMBERS FOX
AND HIGGINS
On March 22, 1996, the National Labor Relations
Board issued an Order adopting, in the absence of ex­
ceptions, the decision of the administrative law judge
directing that the Respondent, G&G Fire Sprinklers,
Inc., make whole its employee Refugio Bejarano for
loss of pay or benefits resulting from the Respondent’s
unfair labor practices in violation of the National
Labor Relations Act. On August 5, 1996, the United
States Court of Appeals for the Ninth Circuit entered
its judgment enforcing the Board’s Order.
A controversy having arisen over the amount of
backpay due discriminatees, on December 27, 1996,
the Regional Director for Region 32 issued a compli­
ance specification and notice of hearing alleging the
amount due under the Board’s Order, and notifying the
Respondent that it should file a timely answer comply­
ing with the Board’s Rules and Regulations. Although
properly served with a copy of the compliance speci­
fication, the Respondent failed to file an answer.
On June 12, 1997, the General Counsel filed with
the Board a Motion to Transfer Case to the Board and
for Default Summary Judgment, with exhibits attached.
On June 13, 1997, the Board issued an order transfer-
ring the proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The Re­
spondent again filed no response. The allegations in
the motion and in the compliance specification are
therefore undisputed.
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 Regu­
lations 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 specification and without further notice to the
respondent, find the specification to be true and
enter such order as may be appropriate.
According to the uncontroverted allegations of the
Motion for Summary Judgment, the Respondent, de-
spite having been advised of the filing requirements,
has failed to file an answer to the compliance speci­
fication. In the absence of good cause for the Respond­
ent’s failure to file an answer, we deem the allegations
in the compliance specification to be admitted as true,
and grant the General Counsel’s Motion for Summary
Judgment. Accordingly, we conclude that the net back-
pay due Refugio Bejarano is as stated in the compli­
ance specification and we will order payment by the
Respondent of said amounts to the discriminatee, plus
interest accrued on those amounts to the date of pay­
ment.
ORDER
The National Labor Relations Board orders that the
Respondent, G&G Fire Sprinklers, Inc., Fresno, Cali­
fornia, its officers, agents, successors, and assigns,
shall make whole Refugio Bejarano, by paying him the
following amount, plus interest as prescribed in New
Horizons for the Retarded, 283 NLRB 1173 (1987),
minus tax withholdings required by Federal and state
laws: $21,971.05.
Dated, Washington, D.C. July 11, 1997
������������������
William B. Gould IV, Chairman
������������������
Sarah M. Fox, Member
������������������
John E. Higgins, Jr., Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
323 NLRB No. 215