Carbide Tools, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Carbide Tools, Incorporated and Joe Staniszewski, James A. Chadwick, Gary R. Neidenbach,'Daniel J. Friedi, Bernard Friedl, and Roy Trivett. Cases 8-CA-7006, -2, -3, 8-CA-7149, 8-CA-7160, and 8-CA-7224 December 7, 1977 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS JENKINS, PENELLO, AND MURPHY On August 7, 1973, the National Labor Relations Board issued its Decision and Order' in the above- entitled proceeding in which it ordered, inter alia, that Respondent make whole James A. Chadwick, Willie Chislom, Jr., Mark Frederick, Douglas Ed- ward Freed, Bernard Friedl, Jr., Daniel J. Friedl, Joseph Holz, Gary R. Neidenbach, Stanley Piszczek, Michael Shamatta, Joe Staniszewski, Roy Trivett, and Michael Yakubics for any loss of pay they may have suffered as a result of Respondent's discrimina- tion against them. Thereafter, on April 22, 1974, the United States Court of Appeals for the Sixth Circuit entered its judgment enforcing the Board's Order.2 A controversy having arisen as to the amounts of backpay due under the terms of the Board's Order, as enforced by the court, the Regional Director for Region 8, on March 30, 1977, issued and duly served on Respondent, by registered mail, a backpay specification and notice of hearing alleging the amounts of backpay due the discriminatees under the Board's Order and notifying Respondent that it shall file a timely answer which must comply with the Board's Rules and Regulations. Thereafter, on April 15, 1977, Respondent filed its answer to the specifica- tion in the form of a letter dated April 14, 1977, generally denying the allegations in the specification. On June 3, 1977, counsel for the General Counsel filed directly with the Board a motion for judgment on the pleadings in accordance with the specifica- tion, herein called Motion for Summary Judgment. Subsequently, on June 16, 1977, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause on or before June 30, 1977, 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: 1 205 NLRB 318. 233 NLRB No. 147 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 from the service of the specification, if any, file an answer thereto .... (b) . . . The respondent shall specifically admit, deny, or explain each and every allegation of the specification, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. Denials shall fairly meet the substance of the allegations of the specification denied .... As to all matters within the knowledge of the respondent, including but not limited to the various factors entering into the computation of gross backpay, a general denial shall not suff- ice. ... (c) ... If the respondent files an answer to the specification but fails to deny any allegation of the specification in the manner required by subsection (b) of this section, and the failure so to deny is not adequately explained, such allegation shall be deemed to be admitted to be true, and may be so found by the Board without the taking of evidence supporting such allegation, and the respondent shall be precluded from introducing any evidence controverting said allegation. The backpay specification duly issued, served, and received by Respondent states that an answer shall be filed within 15 days after service of the specifica- tion and that, to the extent that the answer denies, without adequate explanations, the allegations of the specification in the manner required by the Board's Rules and Regulations, such allegations shall be deemed to be admitted to be true and Respondent precluded from introducing any evidence controvert- ing them. According to the Motion for Summary Judgment, by letter dated April 14, 1977, received in Region 8 on April 15, 1977, Respondent filed an answer stating that it "is not in agreement of any employee backpay," and asserted financial inability to pay anything. Respondent's answer merely contains a general denial of the allegations of the backpay specification and does not specifically deny the allegations as required by Section 102.54(b) of the Board's Rules and Regulations. The failure so to deny is not adequately explained. Accordingly, as the answer fails to comply with the provisions of Section 2 492 F.2d 795. 1002 CARBIDE TOOLS, INCORPORATED 102.54(b) and (c) of the Board's Rules and Regula- tions, pursuant to such provisions the allegations of the specification are deemed to be admitted to be true and are so found by the Board without taking evidence in support of said allegations. 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 the net backpay due each of the discriminatees, James A. Chadwick, Willie Chislom, Jr., Mark Frederick, Douglas Edward Freed, Bernard Friedl, Jr., Daniel J. Friedl, Joseph Holz, Gary R. Neidenbach, Stanley Piszczek, Michael Shamatta, Joe Staniszewski, Roy Trivett, and Michael Yakubics, is as stated in the computations of the specification, and orders that payment thereof be made by 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, Carbide Tools, Incorporated, Parma, Ohio, its officers, agents, successors, and assigns, shall make whole each of the discriminatees, James A. Chad- wick, Willie Chislom, Jr., Mark Frederick, Douglas Edward Freed, Bernard Friedl, Jr., Daniel J. Friedl, Joseph Holz, Gary R. Neidenbach, Stanley Piszczek, Michael Shamatta, Joe Staniszewski, Roy Trivett, and Michael Yakubics, the employees named below, by payment to them of the amounts set forth adjacent to their names, plus interest accrued at the rate of 6 percent per annum to be computed in the manner specified in Isis Plumbing & Heating Co., 138 NLRB 716 (1962), until payment of all backpay due, less tax withholdings required by Federal and state laws: James A. Chadwick Willie Chislom, Jr. Mark Frederick Douglas Edward Freed Bernard Friedl, Jr. Daniel J. Friedl Joseph Holz Gary R. Neidenbach Stanley Piszczek Michael Shamatta Joe Staniszewski Roy Trivett Michael Yakubics $4,762.76 1,648.47 7,281.20 0 1,588.00 3,971.45 4,483.55 1,074.36 502.23 1,629.88 4,819.64 657.17 1,436.15 1003