WUSS Radio

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Atlantic Business and Community Development Cor- poration, d/b/a WUSS Radio and American Federation of Television and Radio Artists, Philadelphia Local. Case 4-CA-8416 January 26, 1981 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND TRUESDALE On November 9, 1978, the National Labor Rela- tions Board issued an order' adopting, in the ab- sence of exceptions, the Decision of the Adminis- trative Law Judge in Case 4-CA-8416 directing Respondent Atlantic Business and Community De- velopment Corporation, d/b/a WUSS Radio, its of- ficers, agents, successors, and assigns, to, inter alia, make employee Ansel V. Bartley whole for any loss of pay suffered by reason of Respondent's dis- crimination against him. On April 23, 1980, the Board's Order was enforced by the United States Court of Appeals for the Third Circuit. A contro- versy having arisen over the amount of backpay due under the terms of the Order, the Acting Re- gional Director for Region 4, on August 26, 1980, issued and duly served on Respondent a backpay specification and notice of hearing alleging the amount of backpay due, and notified Respondent that it should file a timely answer complying with the Board's Rules and Regulations, Series 8, as amended. Respondent did not file an answer to the backpay specification. On November 5, 1980, coun- sel for the General Counsel filed with the Board a Motion for Summary Judgment based upon the failure of Respondent to file an answer to the back- pay specification as required by Section 102.54(a) of the Board's Rules and Regulations. The Board, on November 18, 1980, 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. Respondent has not filed any 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. i Not reported in volurmes of I3Board Decision.l Upon the entire record in this proceeding, the Board makes the following: 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 sup- port 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.... Respondent has failed to file an answer to the backpay specification and has made no response to the Notice To Show Cause. Therefore, the motion to find the backpay specification true is granted and the obligations of the backpay specification are deemed to be admitted pursuant to Section 102.54(c) of the Board's Rules and Regulations. Accordingly, we find that the allegations of the specification are deemed to be admitted as true, and that the net amount of backpay due is as stated in the computation in the specification. We shall order payment thereof. 2 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, Atlantic Business and Community Development Corporation, d/b/a WUSS Radio, Atlantic City, New Jersy, its officers, agents, successors, and as- signs, shall make whole discriminatee Ansel V. Bartley by paying to him the amount of $2,863, plus interest to be computed in the manner speci- fied in Florida Steel Corporation, 231 NLRB 651 (1977), until payment of all backpay due, less tax withholdings required by Federal and state laws. We herebhy correct an apparent inadvertent error in par 4 of the hackpay specification, to shlio the amount oif net backpay due artley in Ihe amnount of $58 for the first quarter of 1976 to, be read as due for the fourlh quarter of 176 254 NLRB No. 96 804