Golden Ladle

National Labor Relations Board - Board Decisions

Jul 25, 1975

219 N.L.R.B. 521 (N.L.R.B. 1975)

GOLDEN LADLE 521
A. E. Alexander , R. R. Silver, D. Jacknow, a Co-
Partnership d/b/a Golden Ladle and Susan Mc-
Swiggen and Shirley Alderman and Hotel and Res-
taurant Employees ' and Bartenders' International
Union, AFL-CIO. Cases 7-CA-10342(l), 7-
CA-10342(2), and 7-CA-10480
July 25, 1975
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS JENKINS AND
KENNEDY
be deemed to be admitted to be true. The Board on
May 19, 1975, issued an order transferring the pro-
ceeding to the Board and notice to show cause why
the General Counsel's motion for summary judgment
should not be granted. Respondent did not file a re-
sponse 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:
RULING ON THE MOTION FOR SUMMARY JUDGMENT
On January 2, 1974, the National Labor Relations
Board, in the absence of exceptions, issued an order
in the above-captioned proceeding in which it adopt-
ed the Decision of an Administrative Law Judge di-
recting, inter alia, that Respondent make whole em-
ployees Susan McSwiggen, Lorraine Halasinski, and
Shirley Alderman for any loss of pay they may have
suffered as a result of Respondent's discrimination
against them. Thereafter, on September 19, 1974, the
United States Court of Appeals for the Sixth Circuit
entered its decree enforcing in full the backpay pro-
visions of the Board's order. A controversy having
arisen over the amount of backpay due under the
terms of the Board's order as enforced by the court,
the Regional Director for Region 7, on January 7,
1975, issued and duly served on the Respondent by
registered mail a backpay specification and notice of
hearing setting forth the amount due the discrimina-
tees under the Board's order and notifying Respon-
dent that it must file a timely answer which must
comply with the Board's Rules and Regulations. Re-
spondent did not file an answer to the backpay spec-
ification.
Thereafter, the Regional Director on March 19,
1975, approved a stipulation entered into by the par-
ties which provided, inter alia, for the payment of
specified sums of backpay to each of the discrimina-
tees within 15 days, the waiver of an answer to the
backpay specification, and the filing of a motion for
summary judgment, which the Respondent agreed
not to oppose, if backpay were not paid within 15
days from the date of the Regional Director's ap-
proval of the stipulation. Despite requests upon Re-
spondent to do so, the agreed-upon amounts of back-
pay had not been paid as of May 5, 1975, and the
failure to do so has not been explained.
Accordingly, on May 8, 1975, counsel for the Gen-
eral Counsel filed a motion for summary judgment
based on Respondent's failure to pay the backpay
agreed upon in the settlement and asked the Board to
find that the allegations of the backpay specification
Section 102.54 of the Board's Rules and Regula-
tions 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 allega-
tions 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 and served on
the Respondent on January 7, 1975, 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 Region
7 and that, if the answer fails to deny the allegations
of the specification in the manner required under the
Board's Rules and Regulations and the failure to do
so is not adequately explained, such allegations shall
be deemed to be admitted to be true and the Respon-
dent shall be precluded from introducing any evi-
dence controverting them. Respondent has neither
filed an answer to the specification nor adequately
explained its failure to do so. Further, according to
the uncontroverted copy of the stipulation attached
to the motion for summary judgment, the Respon-
dent, as a part of the backpay settlement, waived the
filing of an answer to the specification and agreed
not to oppose the motion for summary judgment if it
failed, as it did, to make the payments as required by
the stipulation. In all these circumstances therefore,
the allegations of the specification must be deemed
admitted as true and the Board so finds.
Accordingly, on the basis of the allegations of the
specification which are accepted as true, the Board
finds the facts as set forth therein, concludes that the
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
net backpay due each of the discriminatees , Shirley
Alderman, Susan McSwiggen , and Lorraine Halasin-
ski is as stated in the computations of the specifica-
tion , and orders that payment thereof be made by the
Respondent to each discriminatee.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended , the National Labor Re-
lations Board hereby orders that the Respondent,
A. E. Alexander , R. R. Silver, D. Jacknow, a co-
partnership d/b/a Golden Ladle , Muskegon , Michi-
gan, its officers , agents, successors , and assigns, shall
make whole each of the discriminatees, Shirley Ald-
erman , Susan McSwiggen , and Lorraine Halasinski,
by payment to them of the amounts set forth adja-
cent to their names below , plus interest accrued at
the rate of 6 percent per annum to be computed in
the manner specified in Isis Plumbing and Heating
Co., 138 NLRB 716 (1962), until payment of all
backpay due, less tax withholdings required by Fed-
eral and state laws:
Shirley Alderman $2,898.53
Susan McSwiggen 621.70
Lorraine Halasinski 1,269.82