Reliable Carpet Co.

RELIABLE CARPET CQMPANY Francis Kositz d/b/a Reliable Carpet Company and Warren Heikkila. Case 7-CA-10280 January 30, 1975 SUPPLEMENTAL DECISION AND ORDER BY ACTING CHAIRMAN FANNING AND MEMBERS KENNEDY AND PENELLO On November 26, 1973, the National Labor Relations Board issued a Decision and Order in the above-entitled proceeding,' in which it granted the General Counsel's Motion for Summary Judgment and ordered , inter alia, that the Respondent make whole discriminatee Warren Heikkila for any loss of pay he may have suffered as a result of Respondent's discrimination against him. On June 28, 1974, the United States Court of Appeals for the Sixth Circuit entered its judgment enforcing in full the Board Order. A controversy having arisen over the amount of backpay due under the terms of the Board Order, as enforced by the court, the Regional Director for Region 7, on September 9, 1974, issued and duly served on the Respondent a backpay specification and notice of hearing setting forth certain allegations with respect to the amount of backpay due said discriminatee and notifying Respondent that it shall file an answer in accordance with Section 102.54 of the Board's Rules and Regulations. The Respondent failed to file an answer to the specification. On October 18, 1974, counsel for the General Counsel filed directly with the Board in Washington, D.C., Motions for Transfer and Continuance of Case Before the Board and for Summary Judgment. On October 29, 1974, the Board 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. Re- spondent 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 Motion for Summary Judgment Section 102.54 of the Board's Rules and Regula- tions provides, in pertinent part, as follows: ' 207 NLRB 544. 359 (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 which was issued on September 9, 1974, and served on Respondent on September 10, 1974, specifically stated 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 7, and that if the answer fails to deny allegations of the specification in the manner required under the Board's Rules and Regulations, and failure to do so is not adequately explained, such allegations shall be deemed to be admitted true and the Respondent shall be precluded from introducing any evidence controverting them. According to the General Counsel's Motion for Summary Judgment and an attached letter, dated October 11, 1974, which was duly served on the Respondent, the Regional Director advised the Respondent of the date of issuance of the backpay specification; that an answer had not been filed; that unless the Respondent filed an answer by October 16, 1974, a Motion for Summary Judgment would be filed; and that the Board could issue an order consistent with the terms of the backpay specifica- tion. According to the Regional Director's affidavits also attached to the Motion for Summary Judgment, the Respondent had not filed an answer as of October 18, 1974. As no response has been filed to the Notice To Show Cause, the allegations of the General Counsel's Motion for Summary Judgment stand uncontroverted. Accordingly, the Board finds that the allegations of the specification 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 the discriminatee is as stated in the computations of the specification, and orders the payment thereof by the Respondent to and on behalf of the discriminatee. 216 NLRB No. 61 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Francis Kositz d/b/a Reliable Carpet Company, Wyandotte, Michigan, its agents, successors, and assigns, shall make whole the discriminatee named below by paying him the amount set forth adjacent to his name, and by payment into the Detroit Resilient Floor Decorators Local Union No. 2265, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, vacation fund, pension fund, and insurance fund the amounts set forth adjacent to their names, plus interest on all aforementioned amounts 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 (1962), until payment of all backpay due, less the tax withholdings required by Federal and state laws: Warren Heikkila $3,197.16 Detroit Resilient Floor Decorators Local 2265 Insurance Fund 219.12 Vacation Fund $255.77 Pension Fund $191.83