Kratzer Specialty Bread Co.

KRATZER SPECIALTY BREAD CO 511 Kratzer Specialty Bread Company and Bakery and Confectionery Workers International Union of America, Local 401, AFL-CIO. Case 27-CA-3160 March 20, 1973 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND PENELLO On November 1, 1971, the National Labor Rela- tions Board issued an Order adopting the Decision of an Administrative Law Judge i directing the Respon- dent, inter alia, to offer reinstatement to and make whole Clifford Hendrickson, William Hendrickson, and Raymond Lamb for loss of pay suffered by reason of Respondent's discrimination against them. On June 27, 1972, the United States Court of Appeals for the Tenth Circuit entered a judgment enforcing in full the backpay provisions of the Board's Order. A controversy having arisen over the amount of backpay due under the terms of the Board's Order, as enforced by the court, the Regional Director for Region 27, on October 20, 1972, issued a backpay specification and notice of hearing setting forth certain allegations with respect to the amount of backpay due said discriminatees. The Respondent failed to file an answer to the specification. On November 30, 1972, counsel for the General Counsel filed directly with the Board in Washington, D.C., a Motion for Summary Judgment. The Board, on December 14, 1972, issued an Order Transferring Proceeding to the Board and Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respondent failed to file 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 National Labor Relations Board has delegated its authority 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 provides, in pertinent part, as follows: (a) . . . The respondent shall, within 15 days from the service of the specification, if any, file an answer thereto ... . (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 support 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 the Respondent on October 20, 1972, specifically states that the Respondent shall, within 15 days from the date of the specification, file an answer to the specification with the Regional Director for Region 27 and that, if the answer fails to deny the allegations of the specification 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 to be true and the Respondent shall be precluded from introducing any evidence controverting them. According to the Motion for Summary Judgment, on November 10, 1972, after the time prescribed for filing an answer had expired, counsel for the General Counsel telephoned Respondent's attorney and followed the telephone call with a confirmatory letter in which he outlined the consequences of Respondent's failure to answer and advised of his intention to seek summary judgment. As of the date of the Motion for Summary Judgment, the Respondent had not filed an answer to the specification nor had it requested an extension of time to file. Respondent also failed to file a response to the Notice To Show Cause. The allegations of the Motion for Summary Judgment are, therefore, uncontroverted. Since Respondent has not filed an answer to the specification and has not offered any explanation for his failure to do so, the allegations of the Specification, in accordance with the rules set forth above, are deemed to be admitted as true and are so found by the Board. Accordingly, on the basis of the allegations of the specification which are accepted as true, the Board finds the facts as set forth therein, concludes that the net backpay due each discriminatee is as stated in the computations of the specification, and hereinafter orders the payment thereof by the Respondent to each discriminatee. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Kratzer Specialty Bread Company, Salt Lake City, Utah, its officers, agents, successors, and assigns, shall make whole each of the discriminatees named below by paying them the amounts set forth adjacent I The title of "Trial Examiner" was changed to "Administrative Law Judge" effective August 19, 1972 202 NLRB No. 70 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to their names plus interest accrued at the rate of 6 withholdings required by Federal and state laws: percent per annum to be computed in the manner Clifford Hendrickson $3,382.22 prescribed in Isis Plumbing & Heating Co., 138 William Hendrickson $1,082.81 NLRB 716, until all backpay due is paid, less the tax Raymond Lamb $115.42