Southwest Janitorial and Maintenance Corp.

SOUTHWEST JANITORIAl. AND MAINTENANCE CORPORATION Southwest Janitorial and Maintenance Corporation; William A. Elliott, Sr., individually and as a director and officer of Southwest Janitorial Maintenance Corporation; William A. Elliott, Jr., individually and as a director and officer of Southwest Janitorial and Maintenance Corporation and Service Employ- ees International Union, AFL-CIO, Local 551. Cases 25 CA-5270, 25-CA-5317, 25 CA-5503, and 25-CA 5576 July 3, 1979 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMB RS PENEI.I.O AND MURPHY On September 4, 1973, and March 4, 1974, the Na- tional Labor Relations Board issued Decisions and Orders' in the above-entitled proceeding in which it ordered Respondents, inter alia, to make whole Bessie Willis, D. T. Woodard, Eugenia Haskins, Roxie Bridges, Wilma Ledell, William Wingard, Sue Harper, and the estate of Ann Beasley for any loss of pay resulting from Respondents' unfair labor prac- tices against them in violation of Section 8(a)(l), (3), (4), and (5) of the Act. On April 14, 1976, the United States Court of Appeals for the Seventh Circuit en- tered its judgment enforcing the Board's Order. A controversy having arisen over the amount of back- pay owed the discriminatees, the acting Regional Di- rector for Region 25 duly issued and served on the parties, including Respondents, the backpay specifi- cation herein which sets forth the amounts of back- pay allegedly due the discriminatees. Respondent have failed to answer the backpay specifications and its allegations, therefore, stand uncontroverted. On April 24, 1979, counsel for the General Counsel filed with the Board a motion that all allegations of the backpay specification be deemed to be admitted to be true and a Motion for Summary Judgment. Subsequently, on May 3, 1979, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted.2 Respondents have not filed a response 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: '205 NLRB 1061 (1973); and 209 N.RB 402 (1974). 2 The Board also ordered the heanng to be postponed indefinitely. Ruling on the Motion for Summary Judgment Section 102.54(c) of the National Labor Relations Board Rules and Regulations, Series 8, as amended. provides in relevant part with respect to a backpay specification: (c) Eff'ect of failure to answer or to plead specif- icalh, and in detail o the specification.- If the re- spondent fails to file any answer to the specifica- tion within the time prescribed by this section. the Board may, either with or without taking evi- dence in support of the allegations of the specifi- cation and without notice to the respondent, find the specification to be true and enter such order as may be appropriate.... The backpay specification duly served on Respon- dents stated that Respondents should file with the Re- gional Director an answer to said specification within 15 days from being served with the specification. Re- spondents did not file an answer to the backpay speci- fication; nor did they file a response to the Notice To Show Cause. No good cause to the contrary having been shown, in accordance with the rule set forth above, the Board deems Respondents to have admit- ted all allegations of the backpay specification to be true and that there are no matters in issue requiring a hearing. Accordingly, we hereby grant the General Counsel's Motion for Summary Judgment, and shall issue an appropriate Order. On the basis of the backpay specification and the entire record in this case, the Board makes the follow- ing findings: We find that Bessie Willis, Eugenia Haskins, D. T. Woodard. Roxie Bridges, Wilma Ledell. William Wingard, Sue Harper, and Ann Beasley's estate are entitled to be made whole under the Board's Order and the court's decree by payment to them of the amounts as summarized and calculated in the Gen- eral Counsel's backpay specification; namely, by pay- ments of $1,249.60 to Bessie Willis; $3,067.20 to Eu- genia Haskins; $1,249.60 to D. T. Woodard; $3,885.12 to Roxie Bridges; $1,317.76 to Wilma Ledell; $2,543.76 to William Wingard; $1,635.84 to Sue Harper; and $318.08 to the estate of Ann Beas- ley, plus interest accrued to the date of payment, mi- nus the tax withholdings required by Federal and state laws. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Rela- tions Board hereby orders that the Respondents, Southwest Janitorial and Maintenance Corporation; William A. Elliot, Sr., individually and as a director 243 NLRB No. 54 317 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and officer of Southwest Janitorial Maintenance Cor- poration; William A. Elliott, Jr., individually and as a director and officer of Southwest Janitorial and Main- tenance Corporation, Indianapolis, Indiana, their offi- cers, agents, successors, and assigns, shall pay to the employees involved in this proceeding the following amounts: Bessie Willis Eugenia Haskins D. T. Woodard Roxie Bridges Wilma Ledell William Wingard $1,249.60 3,067.20 1,249.60 3,885.12 1,317.76 2,453.76 Sue Harper Estate of Ann Beasley 1,635.84 318.08 with interest to be paid at the rate of 6 percent per annum; 3 see, generally, Isis Plumbing & Heating Co., 138 NLRB 716 (1962), less FICA and state, local, and Federal income taxes which are to be deducted. I The Board orders interest to be paid at a rate of 6 percent in backpay cases where, as here, the underlying decision and order providing for a 6- percent interest rate has been enforced by a court of appeals. Florida Steel Corporation, 234 NLRB 1089 (1978). 318