Chicago Master Mattress and Furniture Co.

550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD James Hoomaian d/b/a Chicago Master Mattress and Furniture Company and Local 365, Central States Joint Board, Amalgamated Clothing Workers of America, AFL-CIO. Case 7-CA-8788 from the service of the specification, if any, file an answer thereto... . August 14, 1973 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND KENNEDY On April 24, 1972, the National Labor Relations Board issued a Decision and Order I in the above- entitled proceeding in which the Board, inter alta, or- dered the Respondent to make whole Henry Kelly and Harrison Sumpter for any loss of earnings they may have suffered as a result of the Respondent's discrimination against them. On October 24, 1972, the United States Court of Appeals for the Sixth Circuit entered a judgment by default enforcing the Board's Order. A controversy having arisen over the amount of backpay due under the Board's Order, as enforced by the court, the Acting Regional Director for Region 7, on March 26, 1973, issued and duly served on the Respondent a backpay specification and notice of hearing, alleging the amount of backpay due the dis- criminatees under the Board's Order and notifying the Respondent that it shall file a timely answer which must comply with the Board's Rules and Regulations. The Respondent failed to file such an answer. Thereafter, on April 26, 1973, counsel for the Gen- eral Counsel filed directly with the Board motions to transfer and continue the matter before the Board and for summary judgment. Subsequently, on May 11, 1973, the Board issued an order transferring proceed- ing to the Board and notice to show cause why the General Counsel's motion should not be granted. Re- spondent failed to file a response to 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: (a) . . . The respondent shall, within 15 days 1 196 NLRB No 99 (c) . . . If the respondent fails to file any an- swer to the specification within the time pre- scribed by this section, the Board may, either with or without taking evidence in support of the allegations of the specification and without no- tice 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 March 26, 1973, specifically states that the Respondent shall, within 15 days from the date of the specification, file with the Acting Regional Director for Region 7 an answer to the specification 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 Respon- dent shall be precluded from introducing any evi- dence controverting them. According to the Motion for Summary Judgment and an attached letter, dated April 16, 1973, counsel for the General Counsel ad- vised the Respondent's attorney of the date of is- suance of the backpay specification; that an answer had not been filed; and that unless the Respondent filed a proper answer to the specification by April 20, 1973, a Motion for Summary Judgment would be filed. The Respondent failed to file an answer to the specification which was due 15 days from March 26, 1973, and, as of April 26, 1973, the date of the filing of the Motion for Summary Judgment, the Respon- dent had filed no answer and has not indicated that it would file an answer. The Respondent also failed to file a response to the notice to show cause and, there- fore, the allegations of the Motion for Summary Judg- ment stand uncontroverted. As the Respondent has not filed an answer to the specification and has not offered any explanation for its failure to do so, in accordance with the rules set forth above, the allega- tions of the specification are deemed to be admitted as true and so found by the Board without the taking of evidence in support of the said allegations. Accordingly, on 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 of the discriminatees, Henry Kelly and Har- rison Sumpter, is as stated in the computations of the specification, and orders the payment thereof by the Respondent to the discriminatees. 205 NLRB No. 53 CHICAGO MASTER MATTRESS AND FURNITURE CO. 551 ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Rela- tions Board hereby orders that the Respondent, James Hoomaian d/b/a Chicago Master Mattress and Furniture Company, Highland Park, Michigan, its agents, successors, and assigns, shall make whole the discriminatees named below by paying them the amount set forth adjacent to their names, plus interest accrued at the rate of 6 percent per annum to be computed in the manner set forth in Isis Plumbing & Heating Co., 138 NLRB 716, until payment of all backpay due, less the tax withholding required by Federal and state laws: Henry Kelly $1797.12 Harrison Sumpter 1266.05