Hallstrom Development Co.

National Labor Relations Board - Board Decisions

Jun 28, 1974

212 N.L.R.B. 380 (N.L.R.B. 1974)

380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Hallstrom Development Co.; John M. Gnan d/b/a
Gnan Plumbing & Heating ; and William R . Marley
d/b/a Marley Trenching and International Union of
Operating Engineers , Local 66, AFL-CIO. Case 6-
CA-6162
this section, the Board may, either with or with-
out taking evidence in support 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. . . .
June 28, 1974
DECISION AND ORDER
By MEMBERS FANNING, KENNEDY. AND PENELLO
On February 16, 1973, in the absence of exception,
the National Labor Relations Board issued an Order
adopting the Decision of the Administrative Law
Judge directing the Respondents, their officers,
agents, successors, and assigns, to, inter alia, make
whole Daryl C. Ferguson, Jr., for his losses resulting
from the Respondents' unfair labor practices in viola-
tion of Section 8(a)(3) and (1) of the Act. On Septem-
ber 26, 1973, the United States Court of Appeals for
the Third Circuit entered its Judgment enforcing in
full the Board's Order. A controversy having arisen
over the amounts of backpay due the discriminatee
named above, the Regional Director for Region 6
issued a Backpay Specification and Notice of Hear-
ing, setting forth allegations with respect to the
amounts of backpay due said discriminatee. The Re-
spondents failed to file an answer to the specification.
On May 1, 1974, the General Counsel, by counsel,
filed directly with the Board in Washington, D.C., a
Motion for Summary Judgment and for issuance of a
Board Order. On May 17, 1974, the Board issued an
order transferring the proceeding before it, and a No-
tice To Show Cause why the General Counsel's mo-
tion should not be granted. Respondents have not
filed 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:
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:
(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
The backpay specification, issued and served on
Respondents on April 15, 1974, by registered mail,
specifically stated that the Respondents shall, within
15 days from the date of the specification, file an
answer thereto with the Regional Director for Region
6 and that, if the answer fails to deny the allegations
thereof 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-
dents shall be precluded from introducing any evi-
dence controverting them. According to allegations of
the Motion for Summary Judgment, which stand un-
controverted, there has been no answer filed within
the 15-day period, or to date. Respondents have not
applied for an extension of time to answer nor have
they indicated that they would file an answer. The
Respondents have not filed a response to the Notice
To Show Cause.
Since the Respondents have not filed an answer to
the specification and have not offered an explanation
for their failure to do so, in accordance with the rules
set forth above, the allegations of the specification are
deemed admitted and are found to be true by the
Board without taking evidence in support of said alle-
gations.
Accordingly, on the basis of the allegations of the
specification herein found to be true, the Board finds
the facts as set forth therein, and concludes that the
net backpay due the discriminatee, Daryl C. Fergu-
son, Jr., is as stated in the computations of the spec-
ification, and orders the payment thereof jointly and
severally by the Respondents to the discriminatee and
the Union's insurance and pension funds.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondents,
Hallstrom Development Co.; John M. Gnan d/b/a
Gnan Plumbing & Heating; and William R. Marley
d/b/a Marley Trenching, DuBois, Pennsylvania,
their officers, agents, successors, and assigns, jointly
and severally shall make whole the discriminatee
named below, by payment to him of the amount fol-
lowing his name, and by payment into the Interna-
tional Union of Operating Engineers, Local 66,
212 NLRB No. 48
HALLSTROM DEVELOPMENT CO. 381
AFL-CIO, insurance fund and miscellaneous pension all backpay due, less , the tax withholdings required by
fund the amounts following their names , plus interest Federal and state laws : 1) Daryl C . Ferguson, Jr.,
accrued at the rate of 6 percent per annum to be $1,187.88; 2) International Union of Operating Engi-
computed in the manner set forth in Isis Plumbing & neers, Loal 66, AFL-CIO : insurance fund, $40; mis-
Heating Co., 138 NLRB 716 (1962), until payment of cellaneous pension fund, $32.