Pickle Bill's Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pickle Bill's, Inc. and Hotel, Motel, Restaurant Employees and Bartenders Union Local No. 10, AFL-CIO. Case 8-CA-9453 September 29, 1977 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO On June 7, 1976, the National Labor Relations Board, in the absence of exceptions, issued an Order in the above-captioned proceeding in which it directed, inter alia, the Respondent to make whole Linda Clingan and Irene Minko for their losses resulting from the Respondent's unfair labor prac- tices in violation of Section 8(a)(1) and (4) of the Act. On December 23, 1976, the United States Court of Appeals for the Sixth Circuit entered its judgment enforcing in full the Board's Order. A controversy having arisen over the amount of backpay due under the terms of the Board's Order as enforced by the court, the Regional Director for Region 8 on April 27, 1977, issued and duly served on the Respondent by registered mail a backpay specification and notice of hearing setting forth the amount due the discrimi- natees under the Board's Order and notifying the Respondent that it must file a timely answer pursuant to the Board's Rules and Regulations, Series 8, as amended. The Respondent failed to file an answer. On June 30, 1977, counsel for the General Counsel filed with the Board in Washington, D.C., a Motion for Summary Judgment based on Respon- dent's failure to file an answer in compliance with Section 102.54 of the Board's Rules and Regulations. The Board, on July 21, 1977, issued an order transferring this proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respondent did not 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: 1 224 NLRB 413 (1976), Chairman Fanning concurring in part and dissenting in part. Ruling on the Motion for Summary Judgment Section 102.54 of the Board's Rules and Regula- tions 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. Numerous, though unsuccessful, attempts were made to contact the Respondent. Since the Respon- dent has not filed an answer to the specification nor offered any explanation for failing to do so, in accordance with the rules set forth above, the allegations of the specification are deemed to be admitted as true and are so found by the Board. Accordingly, the Board finds on the basis of the allegations of the backpay specification, which are accepted as true, the facts as set forth therein, and concludes that the net backpay due the discrimina- tees, Linda Clingan and Irene Minko, is as stated in the computation of the specification, and hereinafter orders that payment be made by the Respondent to each and every discriminatee named below. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Pickle Bill's, Inc., Cleveland, Ohio, its officers, agents, successors, assigns, trustees in bankruptcy, court appointed receivers, and any other like official, shall make whole each of the discriminatees named below by payment to each of them the amount set forth adjacent to their names, plus interest accrued at the rate to be computed in the manner set forth in F. W. Woolworth Company, 90 NLRB 289 (1950), Isis Plumbing & Heating Co., 138 NLRB 716 (1962), until payment of all backpay due, less tax withholdings required by Federal and state Law: Linda Clingan Irene Minko $4,317.85 2,691.04 232 NLRB No. 104 630