Bramble's Graphic Center, Inc.

BRAMBLE'S GRAPHIC CENTER, INC. 665 Bramble's Graphic Center, Inc. and Fred P. Rous- (a) The respondent shall, within 15 days seau. Case 7-CA-15118 from the service of the specification, if any, file an answer thereto .... December 11, 1981 DECISION AND ORDER (c) If the respondent fails to file any answer BY CHAIRMAN VAN DE WATER AND to the specification within the time prescribed MEMBERS JENKINS AND HUNTER by this section, the Board may, either with or On May 1, 1979, the National Labor Relations without taking evidence in support of the alle- Board issued an Order' wherein it ordered Re- gations of the specification and without notice spondent to offer reinstatement to, and make to the respondent, find the specification to be whole, Fred Rousseau for loss of pay suffered by true and enter such order as may be appropri- reason of Respondent's discrimination against him. ate. . On July 9, 1980, the United States Court of Ap- The backpay specification and notice of hearing, peals for the Sixth Circuit entered a judgment 2 duly served on Respondent by certified mail on or summarily enforcing the Board's Order. A contro- about October 29, 1980, specifically states that, if versy having arisen over the amount of backpay an answer to the backpay specification is not filed due the discriminatee under the terms of the within 15 days from the date of service thereof, Board's Order, the Regional Director for Region 7, "such allegations shall be deemed to be admitted to on October 29, 1980, issued a backpay specification be true and Respondent shall be precluded from in- and notice of hearing alleging the amount of back- troducing any evidence controverting them." Fur- ther, by letter dated January 23, 1981, Respond- pay due. Respondent failed to file an answer to the th e r , b y le tte r d a te d J a n u a r y 2 3, 19 8 1, Respond- specification dn fietoflannsrtoe. ent's attorney of record was notified that an answer O Auut2 18 cuspeciseffGication. to the backpay specification had not been filed, On August 27, 1981, counsel for the General that the time for filing had been extended until Counsel filed directly with the Board a Motion for February 5, 1981, and that summary judgment Summary Judgment. Subsequently, on September would be sought unless an answer was filed. Re- 2, 1981, the Board issued an order transferring the spondent has not filed an answer to the backpay proceeding to the Board and a Notice To Show specification or to the Notice To Show Cause and, Cause why the General Counsel's Motion for Sum- in accordance with the rule set forth above, the al- mary Judgment should not be granted. Respondent legations in the backpay specification are deemed failed to file a response to the Notice To Show to be admitted and are found to be true. Accord- Cause and, accordingly, the allegations in the ingly, we grant the General Counsel's Motion for Motion for Summary Judgment stand uncontro- Summary Judgment. verted. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- Pursuant to Section 10(c) of the National Labor tional Labor Relations Board has delegated its au- Relations Act, as amended, the National Labor Re- thority in this proceeding to a three-member panel. lations Board hereby orders that the Respondent, Upon the entire record in this proceeding, the Bramble's Graphic Center, Inc., Detroit, Michigan, Board makes the following: its officers, agents, successors, and assigns, shall make whole discriminatee Fred P. Rousseau by Ruling on the Motion for Summary Judgment payment to him of $3,550.90, plus interest to be computed in the manner specified in Florida Steel Section 102.54 of the National Labor Relations Corporation, 231 NLRB 651 (1977), 3 until payment Board Rules and Regulations, Series 8, as amended, of all backpay due, less tax withholding required provides, in pertinent part, as follows: by Federal and state laws. ' In accordance with his dissent in Olympic Medical Corporation, 250 ' The Order is not included in the volumes of Board Decisions. NLRB 146 (1980), Member Jenkins would award interest on the backpay ' N.LR.B. v. Bramble's Graphic Center. Inc., Case 80-1217. due based on the formula set forth therein. 259 NLRB No. 90 BRAMBLE'S GRAPHIC CENTER, INC. 665 Bramble's Graphic Center, Inc. and Fred P. Rous- (a) The respondent shall, within 15 days seau. Case 7-CA-15118 from the service of the specification, if any, file an answer thereto .... December 11, 1981 DECISION AND ORDER (c) If the respondent fails to file any answer BY CHAIRMAN VAN DE WATER AND to the specification within the time prescribed MEMBERS JENKINS AND HUNTER by this section, the Board may, either with or On May 1, 1979, the National Labor Relations without taking evidence in support of the alle- Board issued an Order' wherein it ordered Re- gations of the specification and without notice spondent to offer reinstatement to, and make to t h e respondent, find the specification to be whole, Fred Rousseau for loss of pay suffered by tr u e a n d e n te r su c h o r d e r a s m a y b e appropri- reason of Respondent's discrimination against him. a te . . . . On July 9, 1980, the United States Court of Ap- The backpay specification and notice of hearing, peals for the Sixth Circuit entered a judgment 2 duly served on Respondent by certified mail on or summarily enforcing the Board's Order. A contro- about October 29, 1980, specifically states that, if versy having arisen over the amount of backpay an answer to the backpay specification is not filed due the discriminatee under the terms of the w ith in 1 5 d ays f r o m th e d ate of ser v ic e thereof, Board's Order, the Regional Director for Region 7, "su c h allegations shall be deemed to be admitted to on October 29, 1980, issued a backpay specification b e t ru e a n d Respondent shall be precluded from in- and notice of hearing alleging the amount of back- tr o d ucin g any ev id ence c o ntr o v ert ing th em ." F u r - pay due. Respondent failed to file an answer to the th er , by l etter dated J anuar y 23 , 19 81, Rpond- specification. ent's attorney of record was notified that an answer speciAication.r to the backpay specification had not been filed, On August 27, 1981, counsel for the General that the time for filing had been extended until Counsel filed directly with the Board a Motion for February 5, 1981, and that summary judgment Summary Judgment. Subsequently, on September would be sought unless an answer was filed. Re- 2, 1981, the Board issued an order transferring the spondent has not filed an answer to the backpay proceeding to the Board and a Notice To Show specification or to the Notice To Show Cause and, Cause why the General Counsel's Motion for Sum- in accordance with the rule set forth above, the al- mary Judgment should not be granted. Respondent legations in the backpay specification are deemed failed to file a response to the Notice To Show to be admitted and are found to be true. Accord- Cause and, accordingly, the allegations in the ingly, we grant the General Counsel's Motion for Motion for Summary Judgment stand uncontro- Summary Judgment. verted.ORDER Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- Pursuant to Section 10(c) of the National Labor tional Labor Relations Board has delegated its au- Relations Act, as amended, the National Labor Re- thority in this proceeding to a three-member panel. lations Board hereby orders that the Respondent, Upon the entire record in this proceeding, the Bramble's Graphic Center, Inc., Detroit, Michigan, Board makes the following: its officers, agents, successors, and assigns, shall make whole discriminatee Fred P. Rousseau by Ruling on the Motion for Summary Judgment payment to him of $3,550.90, plus interest to be computed in the manner specified in Florida Steel Section 102.54 of the National Labor Relations Corporation, 231 NLRB 651 (1977), 3 until payment Board Rules and Regulations, Series 8, as amended, of all backpay due, less tax withholding required provides, in pertinent part, as follows: by Federal and state laws. ' In accordance with his dissent in Olympic Medical Corporation, 250 L The Order is not included in the volumes of Board Decisions. NLRB 146 (1980), Member Jenkins would award interest on the backpay 1N.LR.B. v. Bramble's Graphic Center. Inc., Caw 80-1217. due based on the formula set forth therein. 259 NLRB No. 90 BRAMBLE'S GRAPHIC CENTER, INC. 665 Bramble's Graphic Center, Inc. and Fred P. Rous- (a) The respondent shall, within 15 days seau. Case 7-CA-15118 from the service of the specification, if any, file an answer thereto .... December 11, 1981 DECISION AND ORDER (c) If the respondent fails to file any answer BY CHAIRMAN VAN DE WATER AND to the specification within the time prescribed MEMBERS JENKINS AND HUNTER by this section, the Board may, either with or On May 1, 1979, the National Labor Relations without taking evidence in support of the alle- Board issued an Order' wherein it ordered Re- gations of the specification and without notice spondent to offer reinstatement to, and make to the respondent, find the specification to be whole, Fred Rousseau for loss of pay suffered by tr u e a n d e n te r su c h o r d e r a s m a y b e appropri- reason of Respondent's discrimination against him. a te . . . . On July 9, 1980, the United States Court of Ap- The backpay specification and notice of hearing, peals for the Sixth Circuit entered a judgment 2 duly served on Respondent by certified mail on or summarily enforcing the Board's Order. A contro- about October 29, 1980, specifically states that, if versy having arisen over the amount of backpay an answer to the backpay specification is not filed due the discriminatee under the terms of the w i th in 15 d ays f r om th e d ate of ser v i c e thereof, Board's Order, the Regional Director for Region 7, " suc h allegations shall be deemed to be admitted to on October 29, 1980, issued a backpay specification be t ru e and Respondent shall be precluded from in- and notice of hearing alleging the amount of back- tr o d ucin g any ev id ence c o ntr o v ert ing th em ." F u r - pay due. Respondent failed to file an answer to the th er , by l etter dated J anuar y 23 , 19 81, Rpond- specification. ent's attorney of record was notified that an answer speciAication.r to the backpay specification had not been filed, On August 27, 1981, counsel for the General that the time for filing had been extended until Counsel filed directly with the Board a Motion for February 5, 1981, and that summary judgment Summary Judgment. Subsequently, on September would be sought unless an answer was filed. Re- 2, 1981, the Board issued an order transferring the spondent has not filed an answer to the backpay proceeding to the Board and a Notice To Show specification or to the Notice To Show Cause and, Cause why the General Counsel's Motion for Sum- in accordance with the rule set forth above, the al- mary Judgment should not be granted. Respondent legations in the backpay specification are deemed failed to file a response to the Notice To Show to be admitted and are found to be true. Accord- Cause and, accordingly, the allegations in the ingly, we grant the General Counsel's Motion for Motion for Summary Judgment stand uncontro- Summary Judgment. verted.ORDER Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- Pursuant to Section 10(c) of the National Labor tional Labor Relations Board has delegated its au- Relations Act, as amended, the National Labor Re- thority in this proceeding to a three-member panel. lations Board hereby orders that the Respondent, Upon the entire record in this proceeding, the Bramble's Graphic Center, Inc., Detroit, Michigan, Board makes the following: its officers, agents, successors, and assigns, shall make whole discriminatee Fred P. Rousseau by Ruling on the Motion for Summary Judgment payment to him of $3,550.90, plus interest to be computed in the manner specified in Florida Steel Section 102.54 of the National Labor Relations Corporation, 231 NLRB 651 (1977), 3 until payment Board Rules and Regulations, Series 8, as amended, of all backpay due, less tax withholding required provides, in pertinent part, as follows: by Federal and state laws. ' In accordance with his dissent in Olympic Medical Corporation, 250 L The Order is not included in the volumes of Board Decisions. NLRB 146 (1980), Member Jenkins would award interest on the backpay 1N.LR.B. v. Bramble's Graphic Center. Inc., Caw 80-1217. due based on the formula set forth therein. 259 NLRB No. 90 BRAMBLE'S GRAPHIC CENTER, INC. 665 Bramble's Graphic Center, Inc. and Fred P. Rous- (a) The respondent shall, within 15 days seau. Case 7-CA-15118 from the service of the specification, if any, file an answer thereto .... December 11, 1981 DECISION AND ORDER (c) If the respondent fails to file any answer BY CHAIRMAN VAN DE WATER AND to the specification within the time prescribed MEMBERS JENKINS AND HUNTER by this section, the Board may, either with or On May 1, 1979, the National Labor Relations without taking evidence in support of the alle- Board issued an Order' wherein it ordered Re- gations of the specification and without notice spondent to offer reinstatement to, and make to the respondent, find the specification to be whole, Fred Rousseau for loss of pay suffered by tr u e a n d e n te r su c h o r d e r a s m a y b e appropri- reason of Respondent's discrimination against him. a te . . . . On July 9, 1980, the United States Court of Ap- The backpay specification and notice of hearing, peals for the Sixth Circuit entered a judgment 2 duly served on Respondent by certified mail on or summarily enforcing the Board's Order. A contro- about October 29, 1980, specifically states that, if versy having arisen over the amount of backpay an answer to the backpay specification is not filed due the discriminatee under the terms of the w i th in 15 d ays f r om th e d ate of ser v i c e thereof, Board's Order, the Regional Director for Region 7, " suc h allegations shall be deemed to be admitted to on October 29, 1980, issued a backpay specification be t ru e and Respondent shall be precluded from in- and notice of hearing alleging the amount of back- tr o d ucin g any ev id ence c o ntr o v ert ing th em ." F u r - pay due. Respondent failed to file an answer to the th er , by l etter dated J anuar y 23 , 19 81, Rpond- specification. ent's attorney of record was notified that an answer speciAication.r to the backpay specification had not been filed, On August 27, 1981, counsel for the General that the time for filing had been extended until Counsel filed directly with the Board a Motion for February 5, 1981, and that summary judgment Summary Judgment. Subsequently, on September would be sought unless an answer was filed. Re- 2, 1981, the Board issued an order transferring the spondent has not filed an answer to the backpay proceeding to the Board and a Notice To Show specification or to the Notice To Show Cause and, Cause why the General Counsel's Motion for Sum- in accordance with the rule set forth above, the al- mary Judgment should not be granted. Respondent legations in the backpay specification are deemed failed to file a response to the Notice To Show to be admitted and are found to be true. Accord- Cause and, accordingly, the allegations in the ingly, we grant the General Counsel's Motion for Motion for Summary Judgment stand uncontro- Summary Judgment. verted.ORDER Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- Pursuant to Section 10(c) of the National Labor tional Labor Relations Board has delegated its au- Relations Act, as amended, the National Labor Re- thority in this proceeding to a three-member panel. lations Board hereby orders that the Respondent, Upon the entire record in this proceeding, the Bramble's Graphic Center, Inc., Detroit, Michigan, Board makes the following: its officers, agents, successors, and assigns, shall make whole discriminatee Fred P. Rousseau by Ruling on the Motion for Summary Judgment payment to him of $3,550.90, plus interest to be computed in the manner specified in Florida Steel Section 102.54 of the National Labor Relations Corporation, 231 NLRB 651 (1977), 3 until payment Board Rules and Regulations, Series 8, as amended, of all backpay due, less tax withholding required provides, in pertinent part, as follows: by Federal and state laws. ' In accordance with his dissent in Olympic Medical Corporation, 250 L The Order is not included in the volumes of Board Decisions. NLRB 146 (1980), Member Jenkins would award interest on the backpay 1N.LR.B. v. Bramble's Graphic Center. Inc., Caw 80-1217. due based on the formula set forth therein. 259 NLRB No. 90 BRAMBLE'S GRAPHIC CENTER, INC. 665 Bramble's Graphic Center, Inc. and Fred P. Rous- (a) The respondent shall, within 15 days seau. Case 7-CA-15118 from the service of the specification, if any, file an answer thereto .... December 11, 1981 DECISION AND ORDER (c) If the respondent fails to file any answer BY CHAIRMAN VAN DE WATER AND to the specification within the time prescribed MEMBERS JENKINS AND HUNTER by this section, the Board may, either with or On May 1, 1979, the National Labor Relations without taking evidence in support of the alle- Board issued an Order' wherein it ordered Re- gations of the specification and without notice spondent to offer reinstatement to, and make to the respondent, find the specification to be whole, Fred Rousseau for loss of pay suffered by tr u e a n d e n te r su c h o r d e r a s m a y b e appropri- reason of Respondent's discrimination against him. a te . . . . On July 9, 1980, the United States Court of Ap- The backpay specification and notice of hearing, peals for the Sixth Circuit entered a judgment 2 duly served on Respondent by certified mail on or summarily enforcing the Board's Order. A contro- about October 29, 1980, specifically states that, if versy having arisen over the amount of backpay an answer to the backpay specification is not filed due the discriminatee under the terms of the w ith in 1 5 d ays f r o m the date of service thereof, Board's Order, the Regional Director for Region 7, "su c h allegations shall be deemed to be admitted to on October 29, 1980, issued a backpay specification b e t ru e a n d Respondent shall be precluded from in- and notice of hearing alleging the amount of back- tr o d ucin g any ev id ence c o ntr o v ert ing th em ." F u r - pay due. Respondent failed to file an answer to the th er , by l etter dated J anuar y 23 , 19 81, Rpond- specification. ent's attorney of record was notified that an answer speciAication.r to the backpay specification had not been filed, On August 27, 1981, counsel for the General that the time for filing had been extended until Counsel filed directly with the Board a Motion for February 5, 1981, and that summary judgment Summary Judgment. Subsequently, on September would be sought unless an answer was filed. Re- 2, 1981, the Board issued an order transferring the spondent has not filed an answer to the backpay proceeding to the Board and a Notice To Show specification or to the Notice To Show Cause and, Cause why the General Counsel's Motion for Sum- in accordance with the rule set forth above, the al- mary Judgment should not be granted. Respondent legations in the backpay specification are deemed failed to file a response to the Notice To Show to be admitted and are found to be true. Accord- Cause and, accordingly, the allegations in the ingly, we grant the General Counsel's Motion for Motion for Summary Judgment stand uncontro- Summary Judgment. verted.ORDER Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- Pursuant to Section 10(c) of the National Labor tional Labor Relations Board has delegated its au- Relations Act, as amended, the National Labor Re- thority in this proceeding to a three-member panel. lations Board hereby orders that the Respondent, Upon the entire record in this proceeding, the Bramble's Graphic Center, Inc., Detroit, Michigan, Board makes the following: its officers, agents, successors, and assigns, shall make whole discriminatee Fred P. Rousseau by Ruling on the Motion for Summary Judgment payment to him of $3,550.90, plus interest to be computed in the manner specified in Florida Steel Section 102.54 of the National Labor Relations Corporation, 231 NLRB 651 (1977), 3 until payment Board Rules and Regulations, Series 8, as amended, of all backpay due, less tax withholding required provides, in pertinent part, as follows: by Federal and state laws. ' In accordance with his dissent in Olympic Medical Corporation, 250 L The Order is not included in the volumes of Board Decisions. NLRB 146 (1980), Member Jenkins would award interest on the backpay 1N.LR.B. v. Bramble's Graphic Center. Inc., Caw 80-1217. due based on the formula set forth therein. 259 NLRB No. 90 BRAMBLE'S GRAPHIC CENTER, INC. 665 Bramble's Graphic Center, Inc. and Fred P. Rous- (a) The respondent shall, within 15 days seau. Case 7-CA-15118 from the service of the specification, if any, file an answer thereto .... December 11, 1981 DECISION AND ORDER (c) If the respondent fails to file any answer BY CHAIRMAN VAN DE WATER AND to the specification within the time prescribed MEMBERS JENKINS AND HUNTER by this section, the Board may, either with or On May 1, 1979, the National Labor Relations without taking evidence in support of the alle- Board issued an Order' wherein it ordered Re- gations of the specification and without notice spondent to offer reinstatement to, and make to the respondent, find the specification to be whole, Fred Rousseau for loss of pay suffered by tr u e a n d e n te r su c h o r d e r a s m a y b e appropri- reason of Respondent's discrimination against him. a te . . . . On July 9, 1980, the United States Court of Ap- The backpay specification and notice of hearing, peals for the Sixth Circuit entered a judgment 2 duly served on Respondent by certified mail on or summarily enforcing the Board's Order. A contro- about October 29, 1980, specifically states that, if versy having arisen over the amount of backpay an answer to the backpay specification is not filed due the discriminatee under the terms of the w ith in 1 5 d ays f r o m the date of service thereof, Board's Order, the Regional Director for Region 7, "su c h allegations shall be deemed to be admitted to on October 29, 1980, issued a backpay specification b e t ru e a n d Respondent shall be precluded from in- and notice of hearing alleging the amount of back- tr o d ucin g any ev id ence c o ntr o v ert ing th em ." F u r - pay due. Respondent failed to file an answer to the th er , by l etter dated J anuar y 23 , 19 81, Rpond- specification. ent's attorney of record was notified that an answer speciAication.r to the backpay specification had not been filed, On August 27, 1981, counsel for the General that the time for filing had been extended until Counsel filed directly with the Board a Motion for February 5, 1981, and that summary judgment Summary Judgment. Subsequently, on September would be sought unless an answer was filed. Re- 2, 1981, the Board issued an order transferring the spondent has not filed an answer to the backpay proceeding to the Board and a Notice To Show specification or to the Notice To Show Cause and, Cause why the General Counsel's Motion for Sum- in accordance with the rule set forth above, the al- mary Judgment should not be granted. Respondent legations in the backpay specification are deemed failed to file a response to the Notice To Show to be admitted and are found to be true. Accord- Cause and, accordingly, the allegations in the ingly, we grant the General Counsel's Motion for Motion for Summary Judgment stand uncontro- Summary Judgment. verted.ORDER Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- Pursuant to Section 10(c) of the National Labor tional Labor Relations Board has delegated its au- Relations Act, as amended, the National Labor Re- thority in this proceeding to a three-member panel. lations Board hereby orders that the Respondent, Upon the entire record in this proceeding, the Bramble's Graphic Center, Inc., Detroit, Michigan, Board makes the following: its officers, agents, successors, and assigns, shall make whole discriminatee Fred P. Rousseau by Ruling on the Motion for Summary Judgment payment to him of $3,550.90, plus interest to be computed in the manner specified in Florida Steel Section 102.54 of the National Labor Relations Corporation, 231 NLRB 651 (1977), 3 until payment Board Rules and Regulations, Series 8, as amended, of all backpay due, less tax withholding required provides, in pertinent part, as follows: by Federal and state laws. ' In accordance with his dissent in Olympic Medical Corporation, 250 L The Order is not included in the volumes of Board Decisions. NLRB 146 (1980), Member Jenkins would award interest on the backpay 1N.LR.B. v. Bramble's Graphic Center. Inc., Caw 80-1217. due based on the formula set forth therein. 259 NLRB No. 90