Stage Employees Iatse Local 41 (Theater Of Stars)

National Labor Relations Board - Board Decisions

Feb 29, 1988

287 N.L.R.B. 1363 (N.L.R.B. 1988)

STAGE EMPLOYEES IATSE LOCAL 41 (THEATER OF STARS) 1363
International Alliance of Theatrical Stage Employees
and Moving Picture Machine Operators of the
United States and Canada, Local #41 (Theater
of the Stars; Andrew-Bartlett and Associates,
Inc.) and Hilary Henkin . Case 10-CB-4351
29 February 1988
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND BABSON
On 21 January 1986 the National Labor Rela-
tions Board issued a Decision and Order' directing
the Respondent, inter alia, to make whole Hilary
Henkin, with interest, for any loss of earnings and
other benefits suffered by her due to the Respond-
ent's unfair labor practices in violation of Section
8(b)(1)(A) and (2) of the Act. On 20 May 1987 the
United States Court of Appeals for the Eleventh
Circuit entered its judgment2 enforcing in full the
Board's Order.
On 21 October 1987 the Acting Regional Direc-
tor for Region 10 issued a backpay specification
and notice of hearing alleging, inter alia, that a
controversy had arisen over the amount of backpay
due Hilary Henkin under the Board's Order and
notifying the Respondent that it should file an
answer in compliance with the Board's Rules and
Regulations. Although copies of the specification
were duly served on the parties by certified mail,
the Respondent's copy of the specification was re-
turned to the Regional Office as unclaimed. By
letter dated 20 November 1987 counsel for the
General Counsel notified the Respondent that no
answer to the specification had been received by
the Regional Office and that the time for filing an
answer was extended to 27 November 1987. On 2
December 1987 counsel for the General Counsel
personally left a copy of the specification at the
Respondent's place of business, sent the Respond-
ent a letter by regular mail enclosing another copy
of the specification and extending the time for
filing an answer until 15 days from receipt of the
letter. On 2 and 8 December 1987 counsel for the
General Counsel notified the Respondent by tele-
phone of the requirement to file an answer to the
specification by 17 December 1987 and of counsel
for the General Counsel's intention to file a motion
for summary judgment if the Respondent's answer
was not filed by that date. The Respondent has
failed to file an answer.
On 28 December 1987 the General Counsel filed
with the Board a Motion for Summary Judgment,
1 278 NLRB 89.
2 Unpublished.
287 NLRB No. 149
with exhibits attached. On 6 January 1988 the
Board issued a Notice to Show Cause why the
General Counsel's motion should not be granted.
The Respondent has failed to file a response.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
On the entire record, the Board makes the fol-
lowing
Ruling on the Motion for Summary Judgment
Section 102.54 of the National Labor Relations
Board's Rules and Regulations, in pertinent part,
states:
(a) . . . The respondent shall, within 21 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 . . . .
According to the uncontroverted allegations of
the Motion for Summary Judgment, the Respond-
ent, despite having been advised of the filing re-
quirements, has failed to file an answer to the back-
pay specification. We therefore deem the allega-
tions in the backpay specification to be admitted as
true, and grant the General Counsel's Motion for
Summary Judgment.
ORDER
The National Labor Relations Board orders that
the Respondent, International Alliance of Theatri-
cal Stage Employees and Moving Picture Machine
Operators of the United States and Canada, Local
#41, Atlanta, Georgia, its officers, agents, and rep-
resentatives, shall pay the amount set forth below.
Make whole Hilary Henkin by payment to her of
the amount of $10,496.01, plus interest computed in
the manner prescribed in New Horizons for the Re-
tarded3 and accrued to the date of payment, minus
tax withholdings required by Federal and state
laws.
8 In accordance with our decision in New Horizons for the Retarded,
283 NLRB 1173 (1987), interest on and after 1 January 1987 shall be
computed at the "short -term Federal rate" for the underpayment of taxes
as set out in the 1986 amendment to 26 U.S.C. § 6621. Interest on
amounts accrued prior to 1 January 1987 (the effective date of the 1986
amendment to 26 U.S.C. § 6621 ) shall be computed in accordance with
Florida Steel Corp., 231 NLRB 651 (1977).