Granny's Express

National Labor Relations Board - Board Decisions

Apr 10, 1984

269 N.L.R.B. 914 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Granny's Express, Inc., Norman L. Slutsky, Trustee
in Bankruptcy and David L. Moore and Donald
R. Phelps. Cases 9-CA-15804 and 9-CA-
16026
10 April 1984
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN AND DENNIS
On 6 January 1983 the National Labor Relations
Board entered its Order in the above-entitled pro-
ceeding directing Granny's Express, Inc.,' inter
alia, to make whole employees David L. Moore
and Donald R. Phelps for any loss of pay they may
have suffered by reason of the Respondent's dis-
crimination against them. A controversy having
arisen over the amount of backpay due under the
Board's Order, the Regional Director for Region 9
on 15 July 1983 issued a backpay specification and
notice of hearing alleging the amounts of backpay
due and notifying the Respondent that it should file
a timely answer. On 22 August 1983, having ob-
tained additional data, the Regional Director issued
an amended backpay specification and order re-
scheduling hearing alleging the amounts of back-
pay due and notifying the Respondent that it
should file a timely answer. The Respondent failed
to file an answer.
On 22 September 1983 counsel for the General
Counsel filed a Motion for Summary Judgment. On
29 September 1983 the Board issued an order trans-
ferring the proceeding to the Board and a Notice
to Show Cause why the General Counsel's motion
should not be granted. The Respondent filed no re-
sponse. The allegations in the motion are therefore
undisputed.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
On the entire record, the Board makes the fol-
lowing
Granny's Express ceased doing business as of 30 November 1982 and
instituted voluntary bankruptcy proceedings about 18 February 1983.
Norman L. Slutsky was duly appointed Trustee in Bankruptcy of Gran-
ny's Express, Inc. Granny's Express, Inc., Norman L. Slutsky, Trustee in
Bankruptcy, is hereinafter referred to as the Respondent.
Ruling on the Motion for Summary Judgment
Section 102.54 of the Board's Rules and Regula-
tions provides that if an answer is not filed within
15 days from the service of the specification the
Board may find the specification to be true.
The amended backpay specification states that
the Respondent shall file an answer within 15 days
from the date of the amended specification, and
that if the answer fails to deny the amended specifi-
cation's allegations in the manner required under
the Board's Rules and Regulations, and the failure
to do so is not adequately explained, the allegations
shall be deemed to be true. Further, the undisputed
allegations in the Motion for Summary Judgment
disclose that the General Counsel, by letter dated 7
September 1983, notified the Respondent that, if an
answer was not filed by 16 September 1983, a
Motion for Summary Judgment would be filed.
In the absence of any explanation for the Re-
spondent's failure to file timely answers, we grant
the General Counsel's Motion for Summary Judg-
ment. 2
Accordingly, the Board concludes that the net
backpay due the discriminatees, David L. Moore
and Donald R. Phelps, is as stated in the computa-
tions of the amended backpay specification, and
orders the Respondent to pay those amounts to the
discriminatees.
ORDER
The National Labor Relations Board orders the
Respondent, Granny's Express, Inc., Norman L.
Slutsky, Trustee in Bankruptcy, Cincinnati, Ohio,
its officers, agents, successors, and assigns, to make
whole each of the employees named below by
paying them the amounts set forth adjacent to their
names, plus interest computed in the manner pre-
scribed in Florida Steel Corp., 231 NLRB 651
(1977),3 and accrued to the date of payment, minus
tax withholdings required by law:
David L. Moore
Donald R. Phelps
$1,207.95
$4,797.90
2 In granting the General Counsel's Motion for Summary Judgment,
Chairman Dotson specifically relies on the total failure of the Respondent
to respond to the allegations of the General Counsel's amended backpay
specification. Thus the Chairman regards this proceeding as being essen-
tially a default judgment which is without precedential value.
s See generally Isis Plumbing Co., 138 NLRB 716 (1962).
269 NLRB No. 157
914