Gulf Coast Steel, Inc.

National Labor Relations Board - Board Decisions

Jul 7, 1980

250 N.L.R.B. 454 (N.L.R.B. 1980)

I) t'SI()NS )F1 NA IO)NAI. LAI()R RIT.A IO)NS OARI)
Gulf Coast Steel, Inc. anld ,lewellyn Evans. Case
10-CA 12919
July 7, 1980
SUPI' EMENTAL DECISION AND
ORDER
13Y CIAIRNMAN FANNIN(; ANI) MI:-NMIFRS
JI-NKINS ANI) 1 RUITSI)AI I1
On June 12, 1978., the National Labor Relations
Board issued its Decision and Order' in the above-
entitled proceeding in which it directed, inter alia,
that Respondent Gulf Coast Steel, Inc., its officers,
agents, successors, and assigns, offer reinstatement
to and make whole employee l.lewellyn Evans for
loss of pay suffered by reason of Respondent's dis-
crimination against him. On May 31, 1979, the
United States Court of Appeals for the Fifth Cir-
cuit entered its judgment 2 enforcing in full the re-
instatement and backpay provisions of the Board's
Order. A controversy having arisen over the
amount of backpay due under the terms of the
Order, as enforced by the court, the Regional Di-
rector for Region 10, on January 10, 1980, issued
and duly served on Respondent a backpay specifi-
cation and notice of hearing, alleging the amount
of backpay due under the Board's Order and noti-
fying Respondent that it should file a timely
answer complying with the Board's Rules and Reg-
ulations, Series 8, as amended.
Respondent failed to file an answer to the back-
pay specification. Counsel for the General Counsel
subsequently informed Respondent of the require-
ment to file an answer and of the General Coun-
sel's intention to submit the matter directly to the
Board if Respondent did not file an answer. On
April 28, 1980, counsel for the General Counsel
filed directly with the Board a Motion for Sum-
mary Judgment. Respondent filed no response to
the motion. On May 12, 1980, the Board issued an
order transferring the proceeding to the Board and
Notice To Show Cause why the General Counsel's
motion should not be granted. Respondent did not
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:
' 2. Nl.RH 831
2 (;,l/ (oust .St, /,( .N 1. R. B, ).kct No 78 2420), cntg 21t
NlRB 831 ( NIo78
250 NLRB No. 67
Ruling on the Motion for Summary Judgment
Section 102.54 of the Board's Rules and Regula-
tions, Series 8, as amended, 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 sup-
port 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 and served on
Respondent on or about January 11, 1980, specifi-
cally states that Respondent shall, within 15 days
from the date of the specification, file with the Re-
gional Director for Region 10 an answer to the
specification 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 Respondent shall be precluded from in-
troducting any evidence controverting them.
Respondent has failed to respond to the Notice
To Show Cause and, therefore, the allegations of
the specification stand uncontroverted. As Re-
spondent has not filed an answer to the specifica-
tion nor offered any explanation for its failure to
do so, the allegations of the specification with re-
spect to its liability, in accordance with the rules
set forth above, arc deemed to be admitted as true
and are so found by the Board, without taking evi-
dence in support of said allegations.
Accordingly, on the basis of the allegations of
the backpay specification, the Board finds the facts
as set forth therein to be true, grants the General
Counsel's Motion for Summary Judgment, and
concludes the net backpay due Llewellyn Evans is
as stated in the computations of the specification
and orders that payment thereof be made to em-
ployee Evans.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby ordeis that the Respondent,
Gulf Coast Steel, Inc., Atlanta, Georgia, its offi-
cers, agents, successors, and assigns, shall make
4S4
(GLF I: (£)ASI SI II[I,. INC
whole employee Llewellyn Evans by payment to
him of $2,998, plus interest to be computed in the
manner specified in Florida Steel Corporation, 231
NLRB 651 (1977), until payment of all backpay
due, less tax withholding required by Federal and
state lavs.