Felsa Knitting Mills, Inc.

664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Felsa Knitting Mills, Inc. andLocal 107, International Ladies' Garment Workers' Union, AFL-CIO. Case 29-CA-3380 May 1, 1975 - SUPPLEMENTAL DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND PENELLO On January 18, 1974, the National Labor Relations Board issued a Decision and Order in the above-cap- tioned proceeding' adopting the recommended Order of the Administrative Law Judge requiring Felsa Knit- ting Mills, Inc., herein called the Respondent, inter alia, to make Ignacio Manrique and Ruben Belevan whole for any loss of pay they may have suffered by reason of the discrimination against them. A contro- versy having arisen over -the amount of backpay due under the Board's Order, the Regional Director for Region 29, on December 4, 1974, issued and duly served on the Respondent a backpay specification and notice of hearing, alleging the amount of backpay due under the Board's Order and notifying the Respondent that it shall file a timely answer pursuant to Section 102.54 of the Board's Rules and Regulations. The Re- spondent failed to file an answer. Thereafter, on January 20, 1975, counsel for the General Counsel filed directly with the Board a motion for judgment on the pleadings and for issuance of a Board order based on the failure of Respondent to file an answer. Subsequently, on February 3, 1975, the Board issued an order transferring proceeding to the Board and notice to show cause why counsel for the General Counsel's motion should not be granted. The 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 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: 1 208 NLRB 504. According to counsel for the General Counsel, the Respondent stipulated that it has no objection to the Board's Order and that it will comply with all of its provisions Ruling-on the Motion for Summary Judgment Section 102.54 of the Board's Rules and Regulations 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 on December 4, 1974, and served on the Respondent by registered mail, 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 Re- gion 29 and that, to the extent an -answer is not filed, the allegations of the specification shall be deemed to be admitted by the Respondent to be true and it may be so found by the Board. According to the counsel for the General Counsel's motion, on or about December 21, 1974, Respondent's counsel informed counsel for the General Counsel that the Respondent did not intend to appear at the hearing or oppose the specification. The time to answer the specification expired on December 19, 1974, and as of January 17, 1975, the date of the General Counsel's motion, the Respondent had not filed an answer nor applied for an extension of time to file an answer. Re- spondent also failed to file a response to the notice to show cause and, therefore, the allegations of the Gen- eral Counsel's motion stands uncontroverted. As the Respondent has not filed an answer to the specification nor 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. Accordingly, the Board finds, on the basis of the allegations of the backpay specification, which are ac- cepted as true, the facts as set forth therein; concludes that the net backpay due each of the discriminatees, Ignacio Manrique and Ruben Belevan, is as stated in the computations of the specification; and hereinafter orders that payment thereof be made by the Respond- ent to each discriminatee named below. 217 NLRB No. 102 FELSA KNITTING MILLS, INC. 665 ORDER plus interest accured at the rate of 6 percent per annum to be computed in the manner specified in Isis Plumb- Pursuant to Section 10(c) of the National Labor Re- ing & Heating Co., 138 NLRB 746 (1963), until pay- lations Act, as amended, the National Labor Relations ment of all backpay due, less tax withholding required Board hereby orders that the Respondent, Felsa Knit- by Federal and state laws: ting Mills, Inc., Farmingdale, New York, its officers, agents, successors, and assigns, shall make whole each Ignacio Manrique $5885.28 of the discriminatees named below by payment to each of them the amount set forth adjacent to their names , Ruben Belevan $168.00