Carrizo Manufacturing Co., Inc.

CARRIZO MANUFACTURING CO., INC. 251 Salant Corporation, d/b/a Carrizo Manufacturing Co., Inc. and Obreros Unidos Independientes. Cases 23-CA-4938-1 and 23-CA-4938-2 (a) . . . The respondent shall, within 15 days from the service of the specification, if any, file an answer thereto; . .. . June 28, 1976 SUPPLEMENTAL DECISION AND ORDER By MEMBERS JENKINS, PENELLO, AND WALTHER On October 22, 1974, the National Labor Rela- tions Board issued a Decision and Order' adopting the recommended Order of an Administrative Law Judge, as modified, directing the Respondent, inter alia, to make whole Pedro Patlan, Rebecca Patlan, and Carlos D. Juarez, Jr., for any loss of pay they may have suffered by reason of Respondent's dis- crimination against them. On January 15, 1975, the Board issued an Order 2 denying Respondent's Mo- tion for Reconsideration of its earlier Decision and Order. On September 4, 1975, the United States Court of Appeals for the Second Circuit handed down its decision enforcing the backpay provisions of the Board's Order.3 A controversy having arisen over the amount of backpay due under the terms of the Board's Order, the Regional Director for Region 23, on April 1, 1976, issued a backpay specification and notice of hearing setting forth certain allegations with respect to the amounts of backpay due the dis- criminatees. The Respondent failed to file an answer to the specification. On April 26, 1976, counsel for the General Coun- sel filed a Motion for Default Judgment directly with the Board. The Board, on May 4, 1976, issued an order transferring the proceeding to the Board and a Notice to Show Cause why 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: Ruling on the Motion for Default Judgment Section 102.54 of the Board's Rules and Regula- tions, Series 8, as amended, provides, in pertinent part, as follows: 1214 NLRB 171 2 216 NLRB 170 526 F 2d 585 (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 allega- tions 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 April 1, 1976, and served on Respondent by registered mail, states that Respondent shall, within 15 days from the date of the specification, file an answer to the specifica- tion with the Regional Director for Region 23, and that, to the extent the answer fails to deny 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 true and Respondent shall be pre- cluded from introducing any evidence controverting them. According to the uncontroverted Motion for De- fault Judgment, filed April 26, 1976, counsel for the General Counsel's telephone messages left for Respondent's attorney who was served with a copy of the specification on April 5, 1976, were not an- swered or returned, and Respondent has failed to file an answer to the specification although the time within which to file an answer has expired. Further, as noted above, Respondent has failed to file a re- sponse to the Notice To Show Cause. As Respondent has not filed an answer, or offered a satisfactory ex- planation for its failure to do so, the allegations of the specification are, in accordance with the rule set forth above, found to be true. Accordingly, on the basis of the allegations of the specification which are accepted as true, the Board concludes that the net backpay due each discrimina- tee is as stated in the computations of the specifica- tion, and hereinafter orders that payment thereof be made by Respondent to the discriminatees named below. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the Respondent, Sa- lant Corporation, d/b/a Carrizo Manufacturing Co., Inc., Carrizo Springs, Texas, its officers, agents, suc- cessors, and assigns, shall make whole each of the 225 NLRB No. 47 252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD discriminatees named below by payment to each of pay due is paid, less the tax withholding required by them the amount set forth adjacent to his or her Federal and state laws: name, plus interest accrued at the rate of 6 percent per annum in the manner prescribed in Isis Plumbing & Heating Co., 138 NLRB 716 (1962), until all back- Pedro Patlan $2,961 Carlos D. Juarez, Jr. 3,157 Rebecca Patlan 2,878