Thomas Janitorial Service, Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1987

285 N.L.R.B. 76 (N.L.R.B. 1987)

76 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Thomas Janitorial Service, Inc. and Service Employ-
ees International Union, Local 87. Case 20-
CA-20035
30 July 1987
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND BABSON
On 29 October 1986 the National Labor Rela-
tions Board issued its Order (not included in bound
volumes) in,the above-entitled proceeding, direct-
ing Thomas Janitorial Service, Inc., inter alia, to
make whole employees Irma Adams, Robert Lee,
and Rafael Roman Sr., for any loss of earnings
they may have suffered by reason of its discrimina-
tion against them. A controversy having arisen
over the amount of backpay due under the Board's
Order, the-Regional Director for Region 20 on 26
February= 1987 issued a backpay specification and
notice of hearing, alleging the amount of backpay
due the discriminatees and notifying the Respond-
ent that it should file a timely answer. The Re-
spondent failed to file an answer.
On 19 May _1987 counsel for the General Coun-
sel filed a Motion for Summary Judgment. On 21
May 1987 the Board issued an order transferring
the proceeding to the Board and a Notice to Show
Cause why. the General Counsel's motion should
not be granted. The Respondent filed no response.
The allegations in the motion are therefore undis-
puted.
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 Board's Rules and Regula-
tions provides that if an answer is not filed within
21 days from the service of the specification the
Board may find the specification to be true. The
backpay specification issued on 26 February 1987
specifically states that the Respondent shall file an
answer within 21 days from the date of the specifi-
cation, and that if the answer fails to deny the
specification's allegations in the manner required
under the Board's Rules and Regulations, and the
failure to do so is not adequately explained, the al-
legations shall be deemed to be true.
The backpay specification and notice of hearing
issued by the Regional Director on 26 February
1987 was mailed to the Respondent by regular mail
on the same date. No answer having been received,
the Regional Attorney notified the Respondent on
7- April 1987, by certified mail, that if an answer
was not received by 14 April 1987 a Motion for
Summary Judgment would be filed. The time for
Respondent to file an answer was extended to 20
April 1987 by letter of 14 April 1987. On 21 April
1987, the Regional Director issued an order re-
scheduling hearing from 29 April to 17 June 1987.
On the same date the Regional Attorney served the
Respondent, by certified mail, with the order re-
scheduling hearing and the original backpay speci-
fication and notice of hearing, noting in an accom-
panying letter that the 26 February 1987 backpay
specification and notice of hearing may not have
been properly served. The 21 April 1987 letter fur-
ther notified the Respondent that an answer to the
backpay specification and notice of hearing must be
filed within 21 days from the date of that letter by
which the Board was then serving the backpay
specification and notice of hearing and the order
rescheduling hearing. No answer has been filed.
Absent any explanation for the Respondent's fail-
ure to file a timely answer, we grant the General
Counsel's Motion for Summary Judgment.
Accordingly, the Board concludes that the net
backpay, due the discriminatees is as stated in the
computations of the backpay specification, and
orders the Respondent to pay those amounts.
ORDER
The National Labor Relations Board orders that
the Respondent , Thomas Janitorial Service, Inc.,
Oakland , California, its -officers , agents, successors,
and assigns , make whole the discriminatees named
below by payment to them of the amounts follow-
ing their names, plus interest to be computed in the
manner prescribed -in New Horizons for the Retard-
ed,' and accrued to the date of payment , minus tax
withholdings required by law.
Irma Adams $ 418.84
Robert Lee 12,170.73
Rafael Roman Sr. 9,938.25
1 283 NLRB 1173 (1987) Interest on and after 1 January 1987 will 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 shall be computed in accord-
ance with Florida Steel Corp., 231 NLRB 651 (1977)
285 NLRB No. 15