Sally Lyn Fashions

National Labor Relations Board - Board Decisions

Nov 21, 1979

246 N.L.R.B. 542 (N.L.R.B. 1979)

DECISIONS OF NATIONAL ABOR RELATIONS BOARD
Sally Lyn Fashions, Inc., and Hamlin Sportswear,
Inc., and Mr. Michael, Inc., and Salvatore Farrugia
and International Ladies' Garment Workers' Union,
Local 109. Case 4-CA-8789
November 21, 1979
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND PENEI.I.O
On March 31, 1978, the National Labor Relations
Board issued its Order' in the above-captioned pro-
ceeding adopting, in the absence of exceptions, the
findings and conclusions in the Decision of the Ad-
ministrative Law Judge and directing that Respon-
dent Sally Lyn Fashions, Inc. (Sally Lyn), inter alia,
make whole Loretta Yurgousky and Annabelle Eskra
for their losses resulting from Sally Lyn's unfair labor
practices in violation of Section 8(a)(1) and (3) of the
National Labor Relations Act, as amended. On Janu-
ary 25, 1979, the United States Court of Appeals for
the Third Circuit issued its judgment enforcing an
order of the National Labor Relations Board in
which the above-mentioned Board Order was en-
forced in full. A controversy having arisen over the
amounts of backpay due under the terms of the Or-
der, the Regional Director for Region 4 issued a
backpay specification and notice of hearing comput-
ing the net backpay due and owing to discriminatees
Loretta Yurgousky and Annabelle Eskra. The specifi-
cation also alleges that, at all times material herein,
Sally Lyn and Hamlin Sportswear, Inc. (Hamlin),
constituted a single employer or have been alter egos
of Salvatore Farrugia (Farrugia), an individual, and
further that at all times since January 1, 1979, Mr.
Michael, Inc. (Mr. Michael), constitutes a successor
to Sally Lyn, Hamlin, and Farrugia. The specification
also informed Respondents Sally Lyn, Hamlin, Far-
rugia, and Mr. Michael (also collectively Respondent)
that an answer was required to be filed within 15 days
from the service of the specification pursuant to Sec-
tion 102.54(a) of the Board's Rules and Regulations.
Respondents failed to file answers to the specification.
Thereafter, on July 31, 1979, the General Counsel
filed with the Board in Washington, D.C., a Motion
for Summary Judgment and for the issuance of a
Supplemental Decision and Order. Subsequently, on
August 8, 1979, the Board issued an order transfer-
ring the proceeding to the Board and a Notice To
Show Cause why the General Counsel's Motion for
Summary Judgment should not be granted. Respon-
dent has not filed a response to Notice To Show
I Not reported in bound volumes of Board Decisions.
Cause and therefore the allegations of the Motion for
Summary Judgment stand uncontroverted.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority 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, Series 8, as amended, provides in pertinent
part:
(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 an-
swer to the specification within the time pre-
scribed by this section, the Board may, either
with or without taking evidence in support of the
allegations of the specification and without no-
tice to the respondent, find the specification to be
true and enter such order as may be appropriate.
The backpay specification issued on May 2, 1979,
was served on Hamlin and Mr. Michael on May 9,
1979, and on Sally Lyn and Farrugia on June 14,
1979, by certified mail and states that Respondent
shall, within 15 days from the date of the specifica-
tion, file an answer to the specification with the Re-
gional Director for Region 4 and that, to the extent
that 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 Respondent
shall be precluded from introducing any evidence
controverting them.
As of July 26, 1979, Respondent has neither filed
answers nor responses to the Notice To Show Cause,
in the case of Hamlin and Mr. Michael whose date
for doing so expired on or about May 22, 1979, and
for Sally Lyn and Farrugia on or about June 27,
1979, and thus the allegations of the Motion for Sum-
mary Judgment stand uncontroverted. As Respon-
dent has not filed an answer to the specification and
has not offered any explanation for its failure to do
so, in accordance with the rules set forth above, the
allegations of the specification are deemed to be ad-
mitted and true and are so found by the Board with-
out the taking of evidence in support of the said alle-
gations.
246 NLRB No. 87
542
SALLY LYN FASHIONS
Accordingly, the Board concludes that the net
backpay of the discriminatees, Loretta Yurgousky
and Annabelle Eskra, is as stated in the computations
of the specification, and orders the payment thereof
by Respondent to the discriminatees.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondents, Sally
Lyn Fashions, Inc., Hamlin Sportswear, Inc., Mr. Mi-
chael, Inc., and Salvatore Farrugia, jointly and sever-
ally, and their officers, agents, successors, and assigns,
shall make whole the discriminatees named below, by
payment to them of the amount following their
names, plus interest thereon to be computed in the
manner prescribed in Florida Steel Corporation, 231
NLRB 651 (1977).2 until payment of all backpay due
is made, less tax withholdings required by Federal
and state laws:
Loretta Yurgovsky
Annabella Eskra
$8,739.44
6,973.533
2See, generally, Isis Plumbhing & Heating Co. 138 NL.RB 716 (1962).
Determination of Respondents' liability to Annabelle Eskra for perilds
after January I. 1979, is specifically resered.
543