Lea Carr Mfg. Corp.

National Labor Relations Board - Board Decisions

Feb 28, 1991

301 N.L.R.B. 1242 (N.L.R.B. 1991)

1242
301 NLRB No. 162
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 297 NLRB No. 48 (not published in Board Volumes).
Lea Carr Mfg. Corporation and Joint Board,
Cloak, Skirt and Dressmakers’ Union, a/w
International Ladies’ Garment Workers Union,
AFL–CIO. Case 1–CA–26403
February 28, 1991
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS CRACRAFT, DEVANEY, AND
RAUDABAUGH
On November 21, 1989, the National Labor Rela-
tions Board issued a Decision and Order in this pro-
ceeding1 in which it, inter alia, ordered the Respondent
make whole the benefit funds for the contractually re-
quired contributions that the Respondent unlawfully
failed to make. On April 19, 1990, the United States
Court of Appeals for the First Circuit entered a judg-
ment enforcing the Board’s Order. A controversy hav-
ing arisen over the amounts of money owed under the
terms of the Board’s Order, as enforced by the court,
the Regional Director for Region 1 on July 18, 1990,
issued a compliance specification and notice of hear-
ing. Subsequently, the Respondent timely filed an an-
swer and an amended answer to the compliance speci-
fication that admits all allegations in the compliance
specification, except that it asserts that the amount of
its debt should be reduced by $5000, which is the sum
it has paid to the Union since May 1, 1990.
On January 11, 1991, the General Counsel filed with
the Board a Motion to Transfer Proceeding to the
Board and for Summary Judgment, with exhibits at-
tached. The General Counsel contends that the Re-
spondent’s answer and amended answer raises no lit-
igable issues and urges that summary judgment be
granted as to all matters contained in the compliance
specification with credit given to the Respondent for
any interim payments. On January 16, 1991, the Board
issued an order transferring proceedings to the Board
and Notice to Show Cause why the General Counsel’s
motion should not be granted. The Respondent did not
file a response.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
On the entire record in this case, the Board makes
the following
Ruling on the Motion for Summary Judgment
The Respondent’s answer and amended answer ad-
mits that it is liable for the contributions owed to the
benefit on behalf of the employees provided that it is
credited for the sum of $5000 which it has paid. The
General Counsel requests that summary judgment be
granted as to all matters contained in the compliance
specification with credit given to the Respondent for
any interim payments made that are not reflected in the
specification. In the absence of any issue with respect
to the amount in controversy, we grant the General
Counsel’s Motion for Summary Judgment.
ORDER
The National Labor Relations Board orders that the
Respondent, Lea Carr Mfg. Corporation, Boston, Mas-
sachusetts, its officers, agents, successors, and assigns,
shall remit the benefit funds contributions to the ben-
efit funds as alleged in the compliance specification
with credit given to the Respondent for any interim
payments that are not reflected in the specification.