Professional Dry Cleaning

National Labor Relations Board - Board Decisions

Sep 28, 1998

326 N.L.R.B. 1127 (N.L.R.B. 1998)

PROFESSIONAL DRY CLEANING SERVICES 1127
Professional Dry Cleaning and Laundry Services, Inc.
and Wayne L. Carter, James W. Williams,
Timothy Drew Whitaker, and John Trevor Car-
ter. Case 4-CA-25182
September 28, 1998
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FOX, LIEBMAN, AND HURTGEN
On October 20, 1997, the National Labor Relations
Board issued an unpublished Order adopting, in the ab-
sence of exceptions, the decision of the administrative
law judge ordering the Respondent, Professional Dry
Cleaning and Laundry Services, Inc., to make whole
Wayne L. Carter, James W. Williams, Timothy Drew
Whitaker, and John Trevor Carter for their loss of earn-
ings and other benefits resulting from their discharges in
violation of Section 8(a)(1) of the National Labor Rela-
tions Act. On March 13, 1998, the Regional Director for
Region 4 approved a stipulation entered into by the Re-
spondent in which the Respondent waived its right under
Section 10(e) and (f) of the Act to contest either the pro-
priety of the Board’s Order or the findings of fact and
conclusions of law underlying the Board’s Order.
A controversy having arisen over the amount of back-
pay due the discriminatees, on July 16, 1998, the Re-
gional Director for Region 4 issued a compliance specifi-
cation 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 Regulations. Although properly
served with a copy of the compliance specification, the
Respondent failed to file an answer.
By letter dated August 13, 1998, the counsel for the
Acting General Counsel advised the Respondent that no
answer to the compliance specification had been received
and that unless an appropriate answer was filed by Au-
gust 18, 1998, summary judgment would be sought. The
Respondent filed no answer.
On August 31, 1998, the Acting General Counsel filed
with the Board a Motion for Summary Judgment, with
exhibits attached. On September 3, 1998, the Board is-
sued an order transferring the proceeding to the Board
and a Notice to Show Cause why the motion should not
be granted. The Respondent again filed no response.
The allegations in the motion and in the compliance
specification 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 the 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 hav-
ing been advised of the filing requirements, has failed to
file an answer to the compliance specification. In the
absence of good cause for the Respondent’s failure to file
an answer, we deem the allegations in the compliance
specification to be admitted as true, and grant the Acting
General Counsel’s Motion for Summary Judgment. Ac-
cordingly, we conclude that the net backpay due the dis-
criminatees is as stated in the compliance specification
and we will order payment by the Respondent of the
amounts to the discriminatees, plus interest accrued on
said amounts to the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondent, Professional Dry Cleaning and Laundry
Services, Inc., Williamstown, New Jersey, its officers,
agents, successors, and assigns, shall make whole the
individuals named below, by paying them the amounts
following their names, 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:

Wayne L. Carter $10,026.60
James W. Williams 10,529.95
Timothy Drew Whitaker 14,994.91
John Trevor Carter 7,995.02
TOTAL: 43,546.48

326 NLRB No. 101