Troy's Restaurant

National Labor Relations Board - Board Decisions

Feb 13, 1985

274 N.L.R.B. 45 (N.L.R.B. 1985)

TROY'S RESTAURANT
Troy Haney and Hugh Haney , a Partnership, d/b/a
Troy's Restaurant and Cindy Nealy Rippy.
Case 25-CA-15126
13 February 1985
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 2 August 1983 the National Labor Relations
Board issued its unpublished Order in the above-
entitled proceeding , directing Troy Haney and
Hugh Haney, a Partnership , d/b/a Troy' s Restau-
rant , among other actions, to make whole employ-
ee Cindy Nealy' for any loss of pay she may have
suffered by reason of its discrimination against her.
The United States Court of Appeals for the Sev-
enth Circuit enforced the Board 's Order 22 March
1984.2 A controversy having arisen over the
amount of backpay due under the Board 's Order,
the Regional Director for Region 25 on 4 October
1984 issued a backpay specification and notice of
hearing , alleging the amount of backpay due and
notifying the Respondent that it should file a
timely answer. The Respondent failed to file an
answer.
On 13 November 1984 counsel for the General
Counsel filed a Motion for Summary Judgment. On
20 November 1984 the Board issued an order trans-
ferring 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 re-
sponse . The allegations in the motion are therefore
undisputed.
1 Cindy Nealy changed her name to Cindy Nealy Rippy after the
Board issued its Order
2 No 83-3220 (Mar 22, 1984)
45
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
15 days from the service of the specification the
Board may find the specification to be true.
The backpay specification states that the Re-
spondent shall file an answer within 15 days from
the date of the specification, and that if the answer
falls to deny the specification's allegations in the
manner required under the Board's Rules and Reg-
ulations, and the failure to do so is not adequately
explained, the allegations shall be deemed to be
true.
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 discriminatee, Cindy Nealy Rippy,
is as stated in the computations of the backpay
specification, and orders the Respondent to pay her
that amount.
ORDER
The National Labor Relations Board orders that
the Respondent, Troy Haney and Hugh Haney, a
Partnership, d/b/a Troy's Restaurant, Indianapolis,
Indiana, its officers, agents, successors, and assigns,
make whole Cindy Nealy Rippy, by paying her
$2,481.19, plus interest computed in the manner
prescribed in Florida Steel Corp., 231 NLRB 651
(1977),3 and accrued to the date of payment, minus
tax withholdings required by law.
3 See generally Isis Plumbing Co, 138 NLRB 716 (1962)
274 NLRB No. 9