Magi-Clean, Inc.

National Labor Relations Board - Board Decisions

Mar 26, 1981

255 N.L.R.B. 310 (N.L.R.B. 1981)

310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Magi-Clean, Inc. and Laborers International Union
of North America, AFL-CIO, Local Union No.
578. Case 27-CA-5265
March 26, 1981
SUPPLEMENTAL DECISION AND
ORDER
On October 31, 1978, the National Labor Rela-
tions Board issued an Order' adopting, in the ab-
sence of exceptions, the Decision of the Adminis-
trative Law Judge in Case 27-CA-5265 directing
Respondent Magi-Clean, Inc., its officers, agents,
successors, and assigns, to, inter alia, make whole
employee Myrna Terry for any loss of pay suffered
by reason of Respondent's discrimination against
her. On April 22, 1980, this Order was enforced by
the United States Court of Appeals for the Tenth
Circuit. A controversy having arisen over the
amount of backpay due under the terms of the
Order, the Regional Director for Region 27, on
July 30, 1980, issued and duly served on Respond-
ent a backpay specification and notice of hearing
alleging the amount of backpay due and notified
Respondent that it should file a timely answer com-
plying with the Board's Rules and Regulations,
Series 8, as amended.
Respondent did not file an answer to the back-
pay specification, nor did it at any time request an
extension of time within which to file an answer.
On January 15, 1981, counsel for the General
Counsel filed with the Board a Motion for Sum-
mary Judgment based upon the failure of Respond-
ent to file an answer to the backpay specification as
required by Section 102.54 and 102.54(c) of the
Board's Rules and Regulations. The Board, on Jan-
uary 21, 1981, issued an order transferring proceed-
ing to the Board and Notice to Show Cause why
the General Counsel's motion should not be grant-
ed. Respondent has not filed any response to the
Notice To Show Cause.
Upon the entire record in this proceeding, the
Board makes the following:
I Not reported in volumes of Board Decisions.
255 NLRB No. 49
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 an
answer to the specification within the time
prescribed by this- section, the Board may,
either with or without taking evidence in sup-
port 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 ....
Respondent has failed to file an answer to the
backpay specification and has made no response to
the Notice To Show Cause. Therefore, the motion
to find the backpay specification true is granted,
and the obligations of the backpay specification are
deemed to be admitted pursuant to Section
102.54(c) of the Board's Rules and Regulations.
Accordingly, we find that the allegations of the
specification are deemed to be admitted as true,
and that the net amount of backpay due the discri-
minatee is as stated in the computation in the speci-
fication. We hereby order payment thereof.
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,
Magi-Clean, Inc., Grand Junction, Colorado, its of-
ficers, agents, successors, and assigns, shall make
whole the discriminatee named below by paying
her the amount set forth adjacent to her name, plus
interest to be computed in the manner specified in
Florida Steel Corporation, 231 NLRB 651 (1977),
until payment of all backpay due, less tax withhold-
ing required by Federal and state laws.2
Myrna Terry $4,802.31
2 Member Jenkins would award interest on the backpay due based on
his dissent in Olympic Medical Corporation, 250 NLRB 146 (1980).