Steven L. Weaver Construction, Inc.

National Labor Relations Board - Board Decisions

Jan 17, 1989

292 N.L.R.B. 330 (N.L.R.B. 1989)

330 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Steven L. Weaver Construction, Inc. and Operating
Engineers , Local No. 3. Case 27-CA-9648
January 17, 1989
DECISION AND ORDER
By CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND CRACRAFT
On April 28, 1987, the National Labor Relations
Board issued an Order,' inter alia, ordering the Re-
spondent to make certain employees whole for any
loss of earnings and other benefits suffered by
reason of the Respondent's discrimination against
them. On December 7, 1987, the United States
Court of Appeals for the Tenth Circuit entered its
judgment enforcing the Board's Order.2
On August 15, 1988, the Regional Director for
Region 27 issued a backpay specification and notice
of hearing alleging the amounts of backpay due the
discriminatees under the Board's Order, and notify-
ing the Respondent that it should file a timely
answer complying with the Board's Rules and Reg-
ulations. Although properly served with a copy of
the backpay specification, the Respondent has
failed to file an answer.
On October 11, 1988, the General Counsel filed
with the Board a Motion for Summary Judgment,
with exhibits attached. Subsequently, on October
13, 1988, the Board issued an order transferring the
proceeding to the Board and a Notice to Show
Cause why the General Counsel's Motion for Sum-
mary Judgment should not be granted. The Re-
spondent did not file a response. 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.
On the entire record, the Board makes the fol-
lowing
Ruling on the Motion for Summary Judgment
Section 102.563 of the Board's Rules and Regula-
tions provides that if an answer is not filed within
' The Board's Order was not included in bound volumes.
2 No. 87-2636, unpublished.
3 Formerly Sec. 102.54. The Board amended its rules governing pro-
ceedings concerning compliance with Agency orders effective November
21 days from the service of the backpay specifica-
tion, the Board may find the allegations of the
specification to be true and enter an appropriate
order.4 According to the uncontroverted allega-
tions in the Motion for Summary Judgment, the
Respondent, despite having been advised of the
filing requirements, has failed to file an answer to
the backpay specification. In the absence of good
cause for the Respondent's failure to file an answer,
we deem the allegations in the backpay specifica-
tion to be admitted as true, and we grant the Gen-
eral Counsel's Motion for Summary Judgment. Ac-
cordingly, we conclude that the net backpay due
the discriminatees is as stated in the backpay speci-
fication and we will order payment by the Re-
spondent to the discriminatees.
ORDER
The National Labor Relations Board orders that
the Respondent, Steven L. Weaver Construction,
Inc., Ogden, Utah, its officers, agents, successors,
and assigns, shall make whole the discriminatees
named below, by paying them the amounts follow-
ing their names, plus interest accrued to the date of
payment as prescribed in New Horizons for the Re-
tarded,5 minus tax withholdings required by Feder-
al and state laws:
John Hansen $13,110
Lanny Nelson 4,453
Monte Bailey 8,220
13, 1988. The substance of former Secs. 102.54 and 102.55 has been incor-
porated into Sec. 102.56 as revised; and former Sec. 102.56, with some
modification, has become the new Sec. 102.57, while the substance of
former Sec. 102.57 has become par. (c) of the new Sec. 102.55, in the
revised rules.
4 We note that the Regional Director erroneously informed the Re-
spondent that it had to file an answer within 15 days. In light of the Re-
spondent's failure to file an answer or a response to the Notice to Show
Cause, we find that the Regional Director' s misstatement in no way prej-
udiced the Respondent.
5 283 NLRB 1173 (1987 ). Interest on and after January 1, 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 January 1, 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).
292 NLRB No. 43