ITAL General Construction, Inc.

National Labor Relations Board - Board Decisions

Jun 22, 2000

331 N.L.R.B. 64 (N.L.R.B. 2000)

331 NLRB No. 64
1
NOTICE: This opinion is subject to formal revision before publication in the
Board 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.
ITAL General Construction, Inc., and its alter ego
LATI Development, Inc. and Bricklayers & Al-
lied Craftsmen, Local 11, AFL–CIO. Case 3–
CA–20225
June 22, 2000
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS LIEBMAN, HURTGEN, AND BRAME
On March 25, 1998, the National Labor Relations
Board issued a Decision and Order,1 inter alia, ordering
the Respondents, ITAL General Construction, Inc., and
its alter ego LATI Development, Inc., to apply the terms
of the Non-Association Employer Agreement to the unit
employees of LATI Development, Inc., and to make
whole those employees for loss of earnings and other
benefits resulting from the Respondents’ failure to honor
the Agreement, including contributions and payments the
Union and the contractual trust funds would have re-
ceived. On August 26, 1998, the United States Court of
Appeals for the Second Circuit entered its judgment en-
forcing in full the provisions of the Board’s Order.2
A controversy having arisen over the amount of back-
pay due employees and contributions and payments
owed the funds, on March 22, 2000, the Regional Direc-
tor for Region 3 issued a compliance specification and
notice of hearing alleging the amounts due under the
Board’s Order, and notifying the Respondents that they
should file a timely answer complying with the Board’s
Rules and Regulations. Although properly served with
copies of the compliance specification,3 the Respondents
failed to file an answer.
By letter dated April 13, 2000, the General Counsel
advised the Respondents that no answer to the compli-
ance specification had been received and that unless an
appropriate answer was filed by April 21, 2000, sum-
mary judgment would be sought. The Respondents filed
no answer.
On May 8, 2000, the General Counsel filed with the
Board a Motion for Summary Judgment, with exhibits
attached. On May 11, 2000, the Board issued an order
transferring the proceeding to the Board and a Notice to
Show Cause why the motion should not be granted. The
Respondents again filed no response. The allegations in

1 325 NLRB 503.
2 Case No. 98–4284.
3 Copies of the compliance specification served on the Respondents
by certified and regular mail were returned to the Regional Office by
the Post Office marked “refused” and “Return to sender; moved, left no
address; unable to forward.” The Respondents’ failure or refusal to
accept certified mail cannot defeat the purposes of the Act. See, e.g.,
Michigan Expediting Service, 282 NLRB 210 fn. 6 (1986).
the motion and in the compliance specification are there-
fore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on the Motion for Summary Judgment
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that the Respondents shall file an answer
within 21 days from service of a compliance specifica-
tion. Section 102.56(c) of the Board’s Rules and Regula-
tions states:

If the respondent fails to file any answer to the specifi-
cation within the time prescribed by this section, the
Board may, either with or without taking evidence in
support of the allegations of the specification and with-
out further notice to the respondent, find the specifica-
tion to be true and enter such order as may be appropri-
ate.

According to the uncontroverted allegations of the Mo-
tion for Summary Judgment, the Respondents, despite
having been advised of the filing requirements, have
failed to file an answer to the compliance specification.
In the absence of good cause for the Respondents’ failure
to file an answer, we deem the allegations in the compli-
ance specification to be admitted as true, and grant the
General Counsel’s Motion for Summary Judgment. Ac-
cordingly, we conclude that the amounts due the em-
ployees and the funds are as stated in the compliance
specification and we will order payment by the Respon-
dents of those amounts, plus interest accrued on the
amounts to the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondents, ITAL General Construction, Inc., and its
alter ego LATI Development, Inc., East Rochester, New
York, their officers, agents, successors, and assigns, shall
make whole the individuals and funds named below, by
paying them the amounts set forth below, plus interest on
the backpay owed as prescribed in New Horizons for the
Retarded, 283 NLRB 1173 (1987), and any additional
amounts accruing on the fund contributions as prescribed
in Merryweather Optical Co., 240 NLRB 1213 (1979),
minus tax withholdings required by Federal and state
laws:

Shaun Alianell $1,666.00
James Barberio 2,244.00
John Calderon Jr., 978.00
David Cummings 781.00
Leland Davis 1,372.00
Johnathan Esparza 967.00
Luis Fernandez 4,176.00
Tim Freeman 3,316.00
Luis Gonzalez 3,574.00
Patrick Goode 63.00
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
Carmelo Gulino 31.00
Giuseppe Gulino 803.00
Leonardo Gulino 2,647.00
Darren Lay 6,563.00
Robert Mateer 1,364.00
Samuel Morales 652.00
Douglas Morey 218.00
Francis Trippi 210.00
Bienvenido Valdez 852.00
Mohammed Yasin 63.00
Richard Zimmer 1,429.00

Bricklayers and Allied Craftsmen Health-Welfare
Fund: $26,179.92
Bricklayers and Allied Craftsmen Local Pension
Fund: 15,439.44
Bricklayers and Allied Craftsmen International Pen-
sion Fund: 1,678.20
Bricklayers and Allied Craftsmen Administration &
Safety Fund: 1,832.59
Bricklayers and Allied Craftsmen Annuity
Fund: 20,138.40
Bricklayers and Allied Craftsmen Training
Fund: 5,370.24

TOTAL BACKPAY AND CONTRIBUTIONS : $104,607.79

Dated, Washington, D.C. June 22, 2000

Wilma B. Liebman, Member

Peter J. Hurtgen, Member

J. Robert Brame III, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD