Wayne & Co. Installers

National Labor Relations Board - Board Decisions

Aug 26, 1983

267 N.L.R.B. 904 (N.L.R.B. 1983)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Wayne & Co. Installers and Patrick N. Rinne. Case
19-CA-13527
26 August 1983
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JENKINS AND ZIMMERMAN
On 22 April 1983 the Acting Regional Director
for Region 19 issued a backpay specification and
notice of hearing in this proceeding in which he
concluded that Patrick N. Rinne, previously found
by the Board to have been unlawfully discharged,'
was entitled to backpay of $761.2 Thereafter, the
General Counsel filed with the Board in Washing-
ton, D.C., a "Motion for Summary Judgment, Sup-
porting Affidavit, and Certification of Nonfiling of
Answer," with attachments. The General Counsel
submits that, although requested to do so, Re-
spondent has failed to file an answer to the back-
pay specification in compliance with Section 102.54
of the Board's Rules and Regulations. He, there-
fore, moved that Respondent be deemed to have
admitted all the allegations of the backpay specifi-
cation, and that the Board find the said allegations
true and correct, and order Respondent to make
the discriminatee whole in the amount of backpay
set forth in the specification.
On 2 June 1983 the Board issued its order trans-
ferring the proceeding to the Board and its Notice
To Show Cause why the General Counsel's motion
with respect to the backpay matter should not be
granted. No response was filed to the Notice To
Show Cause.
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, Series 8, as amended, provides, in pertinent
part, as follows:
I On 10 August 1982 the Board issued an Order adopting, in the ab-
sence of exceptions, the Administrative Law Judge's Decision, and,
thereafter, on 26 January 1983 the United States Court of Appeals for the
Ninth Circuit entered its judgment enforcing the Board's Order.
2 We note that the backpay specification contains an error in the com-
putation of backpay, and that the correct amount of backpay due Rinne
is $731 rather than $761 as shown therein.
(a). . . The respondent shall, within 15 days
from the service of the specification, if any,
file an answer thereto ....
(b) . . . The respondent shall specifically
admit, deny, or explain each and every allega-
tion of the specification, unless the respondent
is without knowledge, in which case the re-
spondent shall so state, such statement operat-
ing as a denial.... When a respondent in-
tends to deny only a part of an allegation, the
respondent shall specify so much of it as is
true and shall deny only the remainder. As to
all matters within the knowledge of the re-
spondent, including but not limited to the vari-
ous factors entering into the computation of
gross backpay, a general denial shall not suf-
fice. ....
(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 ...
The backpay specification, issued and served on
Respondent Wayne & Co. Installers on or about 22
April 1983 specifically states that Respondent shall,
within 15 days from the date of the specification,
file with the Regional Director for Region 19 an
answer to the specification. It further states that, if
the answer fails to deny the allegations of the spec-
ification 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 as true, and Respondent
shall be precluded from introducing any evidence
controverting them.
Respondent has failed to respond to the Notice
To Show Cause and, therefore, the allegations of
the specification stand uncontroverted. As Re-
spondent has not filed an answer to the specifica-
tion or offered any explanation for its failure to do
so, the allegation of the specification with respect
to its liability, in accordance with the rules set
forth above, are deemed to be admitted as true and
are so found by the Board, without taking evidence
in support of said allegations.
267 NLRB No. 144
904
WAYNE & CO. INSTALLERS
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,
Wayne & Co. Installers, Milwaukie, Oregon, and
Burbank, Washington, its officers, agents, succes-
sors, and assigns, shall make Patrick N. Rinne
whole by payment to him of the amount of $731
specified as net backpay, less any tax withholding
required by law, plus interest in accordance with
Florida Steel Corp., 231 NLRB 651 (1977).
905