Artcraft Upholstering Co., Inc.

462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Artcraft Upholstering Company, Inc. and its General Manager, William Cohen and United Furniture Workers of America, AFL-CIO, and General Drivers Union, Local 332, International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Party in Interest. Case 7- CA-6969 February 28, 1977 SUPPLEMENTAL DECISION AND ORDER By CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO On May 14, 1969, the National Labor Relations Board issued its Order in the above-entitled proceed- ing' in which it ordered, inter alia, that Respondent make whole certain of its employees for any loss of pay they have suffered as a result of Respondent's unlawful conduct. Thereafter, on January 28, 1970, the United States Court of Appeals for the Sixth Circuit entered its judgment enforcing in full the Board's Order.2 A controversy having arisen over the amount of backpay due under the terms of the Board's Order, as enforced by the Court, the Region- al Director for Region 7, on August 5, 1976,3 issued and duly served on the parties a backpay specifica- tion and notice of hearing alleging the amounts of backpay due the employees under the Board's Order and notifying Respondent that it shall file a timely answer which must comply with the National Labor Relations Board's Rules and Regulations, Series 8, as amended. Thereafter, on September 16, Respondent4 filed an answer to the specification in which it made a general denial of various allegations in the specifica- tion. In essence the answer stated (1) that Respondent Cohen "neither admits nor denies the allegations made by the Board but leaves said Board to its proofs" and (2) that "this matter is barred by the Statute of Limitations and Laches." On October 1, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on October 14, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. To date there has been no response to the Notice To Show Cause. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the i The Board's Order was entered pro forma in the absence of exceptions to the Administrative Law Judge's Decision and therefore was not published in Board volumes 2 Enforced sub nom N LR B v. William Cohen in an unpublished decision. 228 NLRB No. 48 National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Upon the entire record, the Board makes the following: Ruling on the Motion for Summary Judgment Section 102.54(b) of the Board's Rules and Regula- tions, provides, in pertinent part, as follows: The respondent shall specifically admit, deny, or explain each and every allegation of the specifica- tion, unless the respondent is without knowledge, in which case the respondent shall so state ... . 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 suffice. As to such matters, if the respondent disputes either the accuracy of the figures in the specifica- tion or the premises on which they are based, he shall specifically state the basis for his disagree- ment, setting forth in detail his position as to the applicable premises and furnishing the appropri- ate supporting figures. Respondent Cohen's answer to the backpay specifi- cation clearly does not conform to the above require- ments. The answer fails to admit or deny the allegations of the specification and further fails to allege lack of knowledge in conformity with the provisions of Section 102.54(b). In addition, Respon- dent Cohen failed to respond to requests by the General Counsel for further clarification of his answer. We also find Respondent Cohen's further conten- tions that the matter is barred by the statute of limitation and laches without merit. Clearly, the limitation contained in Section 10(b) of the Act has no application to this backpay proceeding. Further, it is well settled that a defense of laches does not lie against an agency of the United States Government.5 As Respondent's answer to the backpay specifica- tion does not comply with the requirements of Section 102.54 of the Board's Rules and Regulations and a defense of laches and the statute of limitations is without merit, the allegations of the backpay specification are deemed to be admitted as true and the Board finds them correct. 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 3 All dates hereinafter are 1976 unless otherwise indicated. 4 Only Respondent William Cohen filed an answer to the specification. 5 N L.R.B v. J. H Rutter-Rex Manufacturing Company, Inc., 396 U.S. 258 (1969); W. C Nabors Co., 134 NLRB 1078 (1961), modified 323 F 2d 686 (C.A 5, 1963), cert. denied 376 U S. 911. ARTCRAFT UPHOLSTERING COMPANY 463 backpay due Helen Allen, Lorean Ireland (nee Allen), Linda Johnson, Mattie Mister, Lora Jean Thomas, and Bunnie Wright is as stated in the computations of the specification, and orders that payment thereof be made by the Respondent to each named employee. payment to them of the amount set forth opposite 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. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Artcraft Upholstering Company, Inc., and its Gener al Manager, William Cohen, Flint, Michigan, their officers, agents, successors, and assigns, shall make whole each of the employees named below, by Helen Allen Lorean Ireland (nee $908.80 Allen) $908.80 Linda Johnson $908.80 Mattie Mister $979.20 Lora Jean Thomas $921.60 Bunnie Wright $921.60