Share Co.

National Labor Relations Board - Board Decisions

Jan 12, 1979

239 N.L.R.B. 1272 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Share Company and Rickey L. Robinson. Case 17-
CA-7024
January 12, 1979
SUPPLEMENTAL DECISION AND ORDER
By CHAIRMAN FANNING AND MEMBERS PENELLO
AND TRUESDALE
On October 12, 1976, the National Labor Rela-
tions Board issued an Order in this proceeding
adopting, in the absence of exceptions, the Decision
of the Administrative Law Judge ' directing Respon-
dent Share Company, its officers, agents, successors,
and assigns, to, inter alia, make Rickey L. Robinson
whole, with interest to be computed in the customary
manner, for losses he may have suffered as the result
of Respondent's unfair labor practices in violation of
Section 8(a)(3) and (1) of the Act.2 On September 14,
1977, the United States Court of Appeals for the
Tenth Circuit entered its judgment enforcing all
provisions of the Board's Order, including those per-
taining to Rickey L. Robinson. A controversy having
arisen over the amount of the backpay due under the
terms of the Board's Order, as enforced by the court,
the Regional Director for Region 17, on August 29,
1978, issued and served on the parties a backpay
specification and notice of hearing, alleging the
amount of backpay due and notifying Respondent
that it was required to file a timely answer in accor-
dance with Section 102.54 of the Board's Rules and
Regulations, Series 8, as amended. Respondent failed
to file such an answer.
Thereafter, on October 16, 1978, the General
Counsel, by counsel, filed with the Board in Wash-
ington, D.C., a Motion for Summary Judgment and
for issuance of Board Order, with exhibits attached.
The General Counsel submits, in effect, that Respon-
dent has failed to file an answer to the backpay spec-
ification as required by Section 102.54 of the Rules
and Regulations. The General Counsel, therefore, re-
quests: (1) that the Board deem all matters alleged in
the backpay specification to be admitted to be true
without the taking of evidence supporting such alle-
gations, including, but not limited to, various facts
concerning the computation of gross backpay; and
(2) that the motion for summary judgment be grant-
ed and that an order be entered finding the backpay
specification to be true, and that Respondent be re-
I The Administrative Law Judge's Decision. JD 553 76. issued August
31 1976.
The Board's Order was not published in bound volumes.
N.L. R.B v. Share Company. No. 77 1702 (Judgment enforcing an Order
of the National Labor Relations Board).
quired to make whole the discriminatee by paying
him the amount specified, plus interest accrued to
the time of payment as specified, minus tax with-
holdings required by Federal and state laws. Subse-
quently, on October 30, 1978, the Board issued an
order transferring proceeding to the Board and a No-
tice To Show Cause why the General Counsel's mo-
tion should not be granted. Respondent failed to file
a response to the Notice To Show Cause and there-
fore the allegations in the motion for summary judg-
ment 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 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 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
notice to the respondent, find the specification
to be true and enter such order as may be appro-
priate.
The backpay specification, issued and served on
Respondent on or about August 30, 1978, specifically
states that Respondent shall, within 15 days from the
date of the specification, file with the Regional Di-
rector for Region 17 an answer to the specification
and that, if 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.
According to the Motion for Summary Judgment,
the Regional Director notified Respondent's counsel
that the time for filing an answer had expired and
Respondent's counsel indicated that he would not
file an answer. Further, Respondent's counsel was
granted an extension of time until the close of busi-
ness on October 6, 1978, to file an answer; however
Respondent's counsel has not done so. As of October
16, 1978, the date of the Motion for Summary Judg-
1272
SHARE COMPANY
ment, Respondent had filed no answer and to date
has not indicated that it would file an answer. Re-
spondent also failed to file a response to the Notice
To Show Cause and, therefore, the allegations of the
Motion for Summary Judgment stand uncontrovert-
ed. As Respondent 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 admitted as true and are so found by
the Board without the taking of evidence in support
of the said allegations.
Accordingly, on the basis of the allegations of the
specification, which are accepted as true, the Board
finds the facts as set forth therein, and concludes that
the net backpay due the discriminatee Rickey L.
Robinson is as stated in the computations of the
specification, and orders the payment thereof by Re-
spondent to the discriminatee.
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,
Share Company, its officers, agents, successors, and
assigns, shall make whole the discriminatee Rickey
L. Robinson by payment to him the amount of
$2,616.48, plus interest, to be computed in the man-
ner set forth in Isis Plumbing & Heating Co., 138
NLRB 716 (1962). as enforced by the courts herein,
until payment of all backpay due is made, less with-
holdings required by Federal and state laws.
1273