Greensburg Mfg.

National Labor Relations Board - Board Decisions

Jun 24, 2009

354 N.L.R.B. 281 (N.L.R.B. 2009)

354 NLRB No. 35
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Greensburg Manufacturing, LLC and International
Union, United Automobile, Aerospace, and Ag-
ricultural Implement Workers of America,
UAW. Case 25–CA–30467
June 24, 2009
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBER SCHAUMBER
On June 11, 2008, the National Labor Relations
Board1 issued an unpublished Order in this proceeding,
adopting the findings and conclusions in the administra-
tive law judge’s decision in the absence of exceptions
and ordering the Respondent, among other things, to
remedy its unlawful refusal to bargain about the effects
of a plant closing by paying backpay to bargaining unit
employees who had been laid off as a result of the clos-
ing.
A controversy having arisen over the amounts due un-
der the Board’s Order, on November 28, 2008, the Re-
gional Director for Region 25 issued a compliance speci-
fication and notice of hearing alleging the amounts 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.
On January 5, 2009, the Respondent filed an answer to
the compliance specification. In its answer, the Respon-
dent admitted allegations in paragraphs 2 through 6 of
the specification, and it denied paragraphs 1 and 7
through 37 of the compliance specification. The Re-
spondent also asserted two affirmative defenses: (1) that
paragraphs 7 through 37 failed to account for interim
earnings of the employees formerly employed by the
Respondent; and (2) that the specification provided back-

1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the Board’s
powers in anticipation of the expiration of the terms of Members Kir-
sanow and Walsh on December 31, 2007. Pursuant to this delegation,
Chairman Liebman and Member Schaumber constitute a quorum of the
three-member group. As a quorum, they have the authority to issue
decisions and orders in unfair labor practice and representation cases.
See Sec. 3(b) of the Act. See Snell Island SNF LLC v. NLRB, __ F.3d
__, 2009 WL 1676116 (2d Cir. June 17, 2009); New Process Steel v.
NLRB, 564 F.3d 840 (7th Cir. May 1, 2009), petition for cert. filed __
U.S.L.W. __ (U.S. May 27, 2009) (No. 08-1457); Northeastern Land
Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), rehearing denied No.
08-1878 (May 20, 2009). But see Laurel Baye Healthcare of Lake
Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009), petition for re-
hearing filed Nos. 08-1162, 08-1214 (May 27, 2009).
pay for former employees who were not employed at the
time the Respondent’s plant closed.
On February 20, 2009, the Regional Director issued an
amended compliance specification and notice of hearing,
which included interim earnings of employees formerly
employed by the Respondent. On February 27, 2009, the
Respondent filed an answer admitting all 37 allegations
in the amended specification and raising no affirmative
defenses.
On May 13, 2009, the General Counsel filed with the
Board a Motion for Judgment on the Pleadings, with
exhibits attached. The motion asserted that judgment on
the pleadings should be granted because the answer filed
admitted all the allegations set forth in the amended
compliance specification and raised no affirmative de-
fenses.
On May 18, 2009, 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 filed no response.
Ruling on Motion for Judgment on the Pleadings
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that a respondent shall file an answer
within 21 days from the service of a compliance specifi-
cation. Section 102.56(b) of the Board’s Rules and
Regulations provides that the answer shall specifically
admit, deny, or explain each and every allegation of the
specification, unless the respondent is without knowl-
edge, in which case the respondent shall so state, such
statement operating as a denial.
In the instant case, the Respondent’s answer to the
amended compliance specification admitted all of the
allegations in the compliance specification, including the
allegations that the Respondent owes certain amounts of
backpay to each of 30 listed individuals. Accordingly,
we find the allegations in the amended compliance speci-
fication to be admitted as true. Absent any material issue
of fact or law, we grant the General Counsel’s Motion
for Judgment on the Pleadings. We accordingly con-
clude that the backpay owed to the laid-off unit employ-
ees is as stated in the amended compliance specification,
and we will order payment by the Respondent.
ORDER
The National Labor Relations Board orders that the
Respondent, Greensburg Manufacturing, LLC, Greens-
burg, Indiana, its officers, agents, successors, and as-
signs, shall make whole the individuals named below, by
paying them the amounts following their names, plus
interest to be computed in the manner prescribed in New
Horizons for the Retarded, 283 NLRB 1173 (1987), mi-
nus tax withholding required by Federal and State laws:
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Barbara (Burnett) Ailes $4,364.22
Gladys (Jasper) Ailes 955.20
Kevin Bartholomew 4,269.08
Nancy Bockover 3,432.27
William Bockover 4,229.19
Frederick Gould 972.80
Jo Ann (Tichenor)Griesehop 2,556.53
Christie Hannum 927.20
Beverly Hitchcock 4,364.22
Ronald Kerns 972.80
Susan (Chandler) Love 4,302.56
Sarah Lynch 4,379.86
Cynthia (Macyauski) McCord 3,924.37
Judy (Bostic) Nickerson 955.20
Eula Parrett 4,229.19
Ima Parsons 1,237.74
Bruce Powers 3,627.33
Wayne Rigby 4,603.11
Brian Ruble 2,737.30
Timothy Ruble 4,192.77
Carrie (Graue) Salyer 2,742.72
Deborah Sanders 4,421.38
Mary Spaulding 4,020.57
Rhonda Stepleton 4,229.19
Roberta (Stuart) Thompson 2,459.04
Lisa Uphaus 938.40
Deborah Weston 4,302.56
Theresa (Compos) Wiley 4,229.19
Patty Yeager 1,851.59
Anthony Young 1,809.97
Total $92,237.55
Dated, Washington, D.C. June 24, 2009
______________________________________
Wilma B. Liebman, Chairman
______________________________________
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD