Kratzer Specialty Bread Co.

National Labor Relations Board - Board Decisions

Mar 20, 1973

202 N.L.R.B. 511 (N.L.R.B. 1973)

KRATZER SPECIALTY BREAD CO 511
Kratzer Specialty Bread Company and Bakery and
Confectionery Workers International Union of
America, Local 401, AFL-CIO. Case 27-CA-3160
March 20, 1973
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND PENELLO
On November 1, 1971, the National Labor Rela-
tions Board issued an Order adopting the Decision of
an Administrative Law Judge i directing the Respon-
dent, inter alia, to offer reinstatement to and make
whole Clifford Hendrickson, William Hendrickson,
and Raymond Lamb for loss of pay suffered by
reason of Respondent's discrimination against them.
On June 27, 1972, the United States Court of
Appeals for the Tenth Circuit entered a judgment
enforcing in full the backpay provisions of the
Board's Order. A controversy having arisen over the
amount of backpay due under the terms of the
Board's Order, as enforced by the court, the
Regional Director for Region 27, on October 20,
1972, issued a backpay specification and notice of
hearing setting forth certain allegations with respect
to the amount of backpay due said discriminatees.
The Respondent failed to file an answer to the
specification.
On November 30, 1972, counsel for the General
Counsel filed directly with the Board in Washington,
D.C., a Motion for Summary Judgment. The Board,
on December 14, 1972, issued an Order Transferring
Proceeding to the Board and Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent failed
to 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
National Labor Relations Board has delegated its
authority 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 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 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 . . . .
The backpay specification, issued and served on
the Respondent on October 20, 1972, specifically
states that the Respondent shall, within 15 days from
the date of the specification, file an answer to the
specification with the Regional Director for Region
27 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 the
Respondent shall be precluded from introducing any
evidence controverting them. According to the
Motion for Summary Judgment, on November 10,
1972, after the time prescribed for filing an answer
had expired, counsel for the General Counsel
telephoned Respondent's attorney and followed the
telephone call with a confirmatory letter in which he
outlined the consequences of Respondent's failure to
answer and advised of his intention to seek summary
judgment. As of the date of the Motion for Summary
Judgment, the Respondent had not filed an answer
to the specification nor had it requested an extension
of time to file. Respondent also failed to file a
response to the Notice To Show Cause. The
allegations of the Motion for Summary Judgment
are, therefore, uncontroverted. Since Respondent has
not filed an answer to the specification and has not
offered any explanation for his failure to do so, the
allegations of the Specification, in accordance with
the rules set forth above, are deemed to be admitted
as true and are so found by the Board.
Accordingly, on the basis of the allegations of the
specification which are accepted as true, the Board
finds the facts as set forth therein, concludes that the
net backpay due each discriminatee is as stated in the
computations of the specification, and hereinafter
orders the payment thereof by the Respondent to
each discriminatee.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Kratzer Specialty Bread Company, Salt Lake City,
Utah, its officers, agents, successors, and assigns,
shall make whole each of the discriminatees named
below by paying them the amounts set forth adjacent
I The title of "Trial Examiner" was changed to "Administrative Law
Judge" effective August 19, 1972
202 NLRB No. 70
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to their names plus interest accrued at the rate of 6 withholdings required by Federal and state laws:
percent per annum to be computed in the manner Clifford Hendrickson $3,382.22
prescribed in Isis Plumbing & Heating Co., 138 William Hendrickson $1,082.81
NLRB 716, until all backpay due is paid, less the tax Raymond Lamb $115.42