Numark Security, Inc.

National Labor Relations Board - Board Decisions

Jan 29, 2003

338 N.L.R.B. 98 (N.L.R.B. 2003)

NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the E x­
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.
Numark Security, Inc. and International Guards Un­
ion of America. Cases 9–CA–37419, 9–CA–
37557, 9–CA–37566, 9–CA–37641, 9–CA–37714,
9–CA–37800, 9–CA–38070, 9–CA–38250, 9–CA–
38314, and 9–CA–38354
January 29, 2003
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS WALSH
AND ACOSTA
The General Counsel seeks summary judgment in this
case on the ground that the Respondent has failed to file
an answer to the compliance specification.
On August 7, 2001, the Board issued an Order1 that,
among other things, directed the Respondent to make
whole Ernie Dunn for any loss of earnings and other
benefits resulting from the Respondent’s discharge of
him in violation of the Act. On December 4, 2001, the
United States Court of Appeals for the Seventh Circuit
issued an unpublished judgment enforcing the Board’s
Order.2
A controversy having arisen over the amount of back-
pay due Dunn, on September 16, 2002, the Regional Di­
rector issued a compliance specification and notice of
hearing alleging the amount due under the Board's Order,
and notifying the Respondent that it should file a timely
answer complying with the Board's Rules and Regula­
tions. Although properly served with a copy of the com­
pliance specification, the Respondent failed to file an
answer.
On October 24, 2002, the General Counsel filed with
the Board a Motion for Summary Judgment, with exhib­
its attached. On October 25, 2002, the Board issued an
order transferring the proceeding to the Board and a No-
1 Unpublished Order adopting, in the absence of exceptions, the de­
cision of Administrative Law Judge Arthur J. Amchan issued on June
22, 2001.
2 01-3605.
tice to Show Cause why the motion should not be
granted.3 The Respondent did not file a response. The
allegations in the motion and in the compliance specifi­
cation are therefore 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 a respondent 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 Respondent, despite
having been advised of the filing requirements, has failed
to file an answer to the compliance specification. In ad­
dition, by letter dated October 9, 2002, counsel for the
General Counsel advised the Respondent that no answer
to the compliance specification had been received and
that unless an appropriate answer was filed by October
17, 2002, a Motion for Summary Judgment would be
filed. The Respondent did not respond to this letter. In
the absence of good cause for the Respondent's 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 net backpay due Ernie
Dunn is as stated in the compliance specification and we
will order payment by the Respondent of that amount to
Dunn, plus interest accrued to the date of payment.
3 On October 28, 2002, the Board issued an Order Correcting the
Notice to Show Cause.
338 NLRB No. 98
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
ORDER
The National Labor Relations Board orders that the
Respondent, Numark Security, Inc., Gary, Indiana, its
officers, agents, successors, and assigns, shall make
whole Ernie Dunn by paying him the amount following
his name, plus interest as set forth in New Horizons for
the Retarded, 283 NLRB 1173 (1987), and minus tax
withholdings required by Federal and State laws:
Ernie Dunn $27,054
Dated, Washington, D.C., January 29, 2003
Robert J. Battista, Chairman
Dennis P. Walsh, Member
R. Alexander Acosta, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD