Jacques Syl Knitwear, Inc. Biquette, Inc.

JACQUES SYL KNITWEAR, INC. Jacques Syl Knitwear, Inc.; Biquette, Inc. and Local 162, International Ladies' Garment Workers' Union, AFL-CIO. Cases 22-CA-8588, 22-CA- 8655, 22-CA-8698, 22-CA-8713, and 22-CA- 8897 January 31, 1983 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS JENKINS AND HUNTER On February 29, 1980, the National Labor Rela- tions Board issued a Decision and Order' in the above-entitled proceeding in which the Board, inter alia, ordered the Respondent to make whole cer- tain employees for any loss of pay suffered by reason of the Respondent's discrimination against them. On September 21, 1981, the United States Court of Appeals for the Third Circuit entered its judgment enforcing the Board's Order. A contro- versy having arisen over the amount of backpay due under the Board's Order, as enforced by the court, the Regional Director for Region 22, on Oc- tober 18, 1982, issued a backpay specification and notice of hearing, alleging the amounts of backpay due the discriminatees under the Board's Order and notifying the Respondent that it should file a timely answer complying with the Board's Rules and Regulations. The Respondent failed to file such an answer. Thereafter, on December 13, 1982, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment, with exhibits at- tached. Subsequently, on December 20, 1982, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's motion should not be grant- ed. 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 Summary Judgment Section 102.54 of the Board's Rules and Regula- tions, Series 8, as amended, 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 ... The backpay specification, issued and served on the Respondent on or about October 18, 1982, spe- cifically states that the Respondent shall, within 15 days from the date of the specification, file with the Regional Director for Region 22 an answer to the specification and that, if the answer fails to deny the allegations of the specification in the manner required under the Board's Rules and Reg- ulations and the failure to do so is not adequately explained, such allegations shall be deemed to be admitted to be true and the Respondent shall be precluded from introducing any evidence contro- verting them. As the Respondent has not filed an answer to the specification, has not offered any ex- planation for its failure to do so, and has also failed to file a response to the Notice To Show Cause, the allegations of the specification and of the Motion for Summary Judgment stand uncontro- verted. Therefore, 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 without the taking of evidence in sup- port of said allegations. Accordingly, the Board concludes that the net backpay due the discriminatees, Candida Aquilero, Marta Amador, Cleofe Astralaga, Rosa Bacallao, Estella Ballesteros, Carmen Barcenas, Lourdes Be- cerril, Rosa Bonilla, Alicia Campoverde, Graciella Cepeda, Madeline Collazo, Maria Colon, Eumelia Cruz, Aleida Diaz, Candelaria Fernandez, Piedad Gallo, Amanda Gonzalez, Trinidad Guillermo, Edelmira Hernandez, Rosa Martinez, Antonia Mezick, Aida Molina, Marina Penton, Gilda Per- eira, Odina Pineiro, Mary Porta, Maria Ramirez, Miriam Reyes, Gloria Rico, Migdalia Sanchez, Pas- qualina Santillo, Susan Torres, Luisa Valle, Gloria Vargas, Nelsy Vasquez, and Beatriz Villalobos, is as stated in the computations of the specification, 247 NLRB 1525. 266 NLRB No. 23 73 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and orders the payment thereof by the Respondent to the discriminatees. 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, Jacques Syl Knitwear, Inc.; Biquette, Inc., West New York, New Jersey, its officers, agents, succes- sors, and assigns, shall make whole the discrimina- tees named below, by payment to them of the amounts following their names, plus interest there- on to be computed in the manner prescribed in Florida Steel Corporation, 231 NLRB 651 (1977), 3 until payment of all backpay due is made, less tax withholdings required by Federal and state laws: Candida Aquilero Marta Amador Cleofe Astralaga $3,257.30 1,951.71 4134.00 I In its original Decision and Order in this proceeding, the Board ap- plying Abilities and Goodwill. Inc., 241 NLRB 27 (1979), ordered backpay for certain discharged strikers from the date of their discharge. Chairman Miller and Member Hunter, in finding the Respondent liable for backpay for the discharged strikers in the amounts set forth in the backpay specifi- cation, note that they did not participate in the Board's original Decision and Order and they join in this Supplemental Decision solely for institu- tional reasons. Accordingly, they find it unnecessary to pass on the Board's holding in Abilities and Goodwill ' See, generally, Isis Plumbing & Heating Co, 138 NLRB 716 (1962). 4 In Appendix F (total net backpay) attached to the General Counsel's Motion for Summary Judgment, the net backpay due discriminatee As- trolaga is erroneously listed as $106.80. It is clear based on the General Counsel's Appendix E-I (vacation pay) that the net backpay due Astra- Iags is $134. Rosa Bacallao Estella Ballesteros Carmen Barcenas Lourdes Becerril Rosa Bonilla Alicia Campoverde Graciella Cepeda Madeline Collazo Maria Colon Eumelia Cruz Aleida Diaz Candelaria Fernandez Piedad Gallo Amanda Gonzalez Trinidad Guillermo Edelmira Hernandez Rosa Martinez Antonia Mezick Marina Penton Aida Molina Gilda Pereira Odina Pineiro Mary Porta Maria Ramirez Miriam Reyes Gloria Rico Migdalia Sanchez Pasqualina Santillo Susan Torres Luisa Valle Gloria Vargas Nelsy Vasquez Beatriz Villalobos 4,294.17 19,631.84 143.00 7,729.26 5,471.06 140.00 9,337.00 2,983.95 17,972.22 1,840.18 11,473.78 11,078.14 2,940.36 2,808.71 15,729.21 9,580.12 6,852.42 21,421.70 7,106.27 6,419.63 130.00 15,892.95 4,645.73 19,524.02 17,718.04 15,747.06 3,442.65 16,425.22 440.42 4,048.32 10,721.88 10,760.10 0.00 74