Service Bus Co.

National Labor Relations Board - Board Decisions

Jun 13, 1984

270 N.L.R.B. 1177 (N.L.R.B. 1984)

SERVICE BUS CO.
Service Bus Co., Inc. and Roger Finan. Case 2-CA-
18838
13 June 1984
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN AND HUNTER
On 19 April 1983 the National Labor Relations
Board issued an order adopting, in the absence of
any exceptions, the Decision and Order of the ad-
ministrative law judge, directing, inter alia, that
Service Bus Co., Inc., the Respondent, make whole
employee Roger Finan for his losses resulting from
the Respondent's unfair labor practices.' On 8 No-
vember 1983 the Respondent and counsel for the
General Counsel entered into a stipulation wherein
the Respondent stipulated that it had "no objection
to any portion of the Board's Order." A controver-
sy arose about the amount of backpay due under
the Order and on 9 November 1983 the Regional
Director for Region 2 issued a backpay specifica-
tion and notice of hearing, alleging the amount of
backpay due employee Roger Finan. The Respond-
ent and its counsel were both duly served with
copies of the specification and on 25 January 1984
the Respondent entered into a signed settlement
stipulation with counsel for the General Counsel
which was approved by Administrative Law Judge
Edwin H. Bennett. Pursuant to the stipulation, the
Respondent agreed to pay $2980 in backpay plus
$641.98 in interest to discriminatee Roger Finan in
five installments beginning 15 February 1984 and
ending 15 June 1984. The Respondent further
agreed to "waive any rights to contest the amounts
due . .. and any and all further proceedings before
the . . . Board and any court." The Respondent
also agreed that the "failure to pay any installment
when due shall make the entire amount still unpaid
immediately due and payable at the option of the
Regional Director." The Respondent has failed to
make any payments pursuant to the stipulation. By
certified letter dated 7 March 1984 the Region no-
tified the Respondent and its counsel that the
"entire amount, including interest is now consid-
ered . . . due." Neither the Respondent nor its
counsel has responded to this letter.
On 26 March 1984 the General Counsel filed di-
rectly with the Board a Motion for Summary Judg-
ment. On 2 April 1984 the Board issued an order
transferring the proceeding to the Board and a
Notice to Show Cause why the motion should not
be granted. The Respondent has not filed a re-
' The Board's Order is unpublished.
270 NLRB No. 176
sponse. The allegations in the motion are therefore
undisputed.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on the Motion for Summary Judgment
Section 102.54(c) of the Board's Rules and Regu-
lations provides:
(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
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 ...
The Respondent did not file an answer contro-
verting any allegation of the backpay specification.
On 25 January 1984 the Respondent executed a
stipulation in which it agreed to "waive any rights
to contest the amounts due . . . and any and all
further proceedings before the . . . Board." The
Respondent also agreed to pay the amount speci-
fied in the specification plus interest to discrimina-
tee Roger Finan in installments commencing 15
February 1984. The Respondent further agreed
that the failure to pay any installment when due
would make the entire unpaid amount due immedi-
ately. The Respondent has failed to make any pay-
ment as required by the stipulation, has failed to
offer any explanation for its failure to pay, and has
failed to respond to the Notice To Show Cause.
Because the Respondent has failed to file an
answer to the specification, entered into a settle-
ment stipulation specifically waiving any rights to
contest the amount due, and has failed to offer any
explanation for its failure to comply with the terms
of the settlement stipulation, the Board deems the
Respondent to have admitted as true all allegations
of the specification and stipulation. Thus, there are
no matters in issue requiring a hearing. According-
ly, we grant the General Counsel's Motion for
Summary Judgment.2
2 In granting the General Counsel's Motion for Summary Judgment,
Chairman Dotson specifically relies on the total failure of the Respondent
to contest either the factual allegations or the legal conclusions of the
General Counsel. Thus, the Chairman regards this proceeding as being
essentially a default judgment which is without precedential value.
1177
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
The National Labor Relations Board hereby
orders that the Respondent, Service Bus Co., Inc.,
Yonkers, New York, its officers, agents, successors,
and assigns, shall make whole employee Roger
Finan by paying to him the amount of $3621.98
($2980 plus $641.98 in interest) as computed in the
specification and the 25 January 1984 stipulation
plus interest as computed in Florida Steel Corp., 231
NLRB 651 (1977), on such amount accruing from
15 June 1984 to the date of payment, minus tax and
social security withholdings required by Federal,
state, and city laws.
1178