IPC Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1980

252 N.L.R.B. 623 (N.L.R.B. 1980)

IPC, INC.
IPC, Inc. and Frederick B. Gehrer. Case 3-CA-
7299
September 30, 1980
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MLMIELRS
JENKINS AN) PI'INEI.I.O
On September 29, 1978, the National Labor Re-
lations Board issued its Decision and Order' in the
above-entitled proceeding in which it ordered the
Respondent, inter alia, to make whole Frederick B.
Gehrer, Bruce Gray, Richard Luccro, and Larry
Rethvisch for any loss of pay resulting from their
unlawful termination. On November 8, 1979, the
United States Court of Appeals for the Ninth Cir-
cuit2 entered its judgment enforcing the Board's
Order. A controversy having arisen over the
amount of backpay owed the discriminatees. the
Regional Director for Region 31 duly issued and
served on the parties a backpay specification and
notice of hearing, which sets forth the amounts of
backpay allegedly due the discriminatees. The Re-
spondent has failed to answer the backpay specifi-
cation and its allegations, therefore, stand uncon-
troverted.
On July 31, 1980, counsel for the General Coun-
sel filed with the Board a Motion To Transfer Case
to and Continued Proceedings Before the Board
and for Summary Judgment. Subsequently, on
August 7, 1980, the Board issued an order transfer-
ring the proceeding to the Board and a Notice To
Show Cause why the General Counsel's Motion
for Summary Judgment should not be granted.3
The Respondent has 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 National Labor Relations
Board Rules and Regulations, Series 8, as amended,
provides in relevant part with respect to a backpay
specification:
Effect of failure to answer to plead specifically
and in detail to the specification.-If the re-
spondent fails to file any answer to the specifi-
' 238 NLRB 1221
2 N.L.RR v IPC, Inc.. 6)8 F 2d 1374
' The Board alo ordered he hearing to he po'slpond indefinitely
cation within the time prescribed by this sec-
tion, the Board may, either with or without
taking evidence in support of the allegations of
the specification and without notice to the re-
spondent, find the specification to be true and
enter such order as may be appropriate.
The backpay specification duly served on the
Respondent stated that the Respondent should file
with the Regional Director an answer to said speci-
fication within 15 days from being served with the
specification. The Respondent did not file an
answer to the backpay specification; nor did it file
a response to the Notice To Show Cause. No good
cause to the contrary having been shown, in ac-
cordance with the rule set forth above, the Board
deems the Respondent to have admitted all allega-
tions of the backpay specification to be true and
that there are no matters in issue requiring a hear-
ing. Accordingly, we hereby grant the General
Counsel's Motion for Summary Judgment, and
shall issue an appropriate order.
On the basis of the backpay specification and the
entire record in this case, the Board makes the fol-
lowing findings of fact:
We find that Frederick B. Gehrer, Bruce Gray,
Richard Lucero, and Larry Rethvisch are entitled
to be made whole under the Board's Order and he
court's decree by payment to them of the amounts
as summarized and calculated in the General Coun-
sel's backpay specification; namely, by payments of
$2,460.42 to Frederick B. Gehrer; $2,254.24 to
Bruce Gray; $2,787.20 to Richard Lucero; and
$1,965.80 to Larry Rethvisch, plus interest accrued
to the date of payment, minus the tax withholdings
required by Federal and state laws.
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,
IPC, Inc., Torrance California, its officers, agents,
successors, and assigns, shall pay to the following
named employees the amounts set forth opposite
their names, with interest thereon to be computed
in the manner prescribed by Florida Steel Corpora-
tion, 231 NLRB 651 (1977),4 less FICA and state,
local, and Federal income taxes which are to be
deducted.
Frederick B. Gehrer
Bruce Gray
Richard Lucero
Larry Rethvisch
$2,460.42
2,254.24
2,787.20
1,965.80
4 Sec. gener;ally Imis Plumrning & IHlating (I, 138 NLRB 716 (19h2)
252 NLRB No. 80
623