J.F. Barrett & Sons, Inc.

Mays Corporation d/b/a Tri-County Commercial Laundry and District 1199, the Health Care and Social Service Union, Service Employees International Union, AFL-CIO and Judy Bush. Cases 9-CA-29385 and 9-CA-29438 October 31, 1994 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS STEPHENS AND DEVANEY On December 7, 1992, the National Labor Relations Board issued a Decision and Order,¹ inter alia, ordering Mays Corporation d/b/a Tri-County Commercial Laundry, the Respondent, to make whole its unit employees for losses attributable ot its failure to adhere to the terms of the 1989-1992 collective-bargaining agreement in violation of the National Labor Relations Act. On July 8, 1993, the United States Court of Appeals entered its judgment enforcing the Board's Order. A controversy having arisen over the amount of backpay due, on May 2, 1994, the Acting Regional Director for Region 9 issued an amended compliance specification and notice of hearing alleging the amount due under the Board's Order and notifying the Respondent that it should file a timely answer complying with the Board's Rules and Regulations. Although properly served with a copy of the amended compliance specification, the Respondent failed to file an answer. By letter dated August 17, 1994, the Region advised the Respondent that no answer to the amended compliance specification had been received and that unless an appropriate answer was filed by close of business August 29, 1994, summary judgment would be sought. The Respondent filed no answer. On September 13, 1994, the General Counsel filed with the Board a Motion for Summary Judgment and memorandum in support, with exhibits attached. On September 15, 1994, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent again filed no response. The allegations in the motion and in the amended compliance specification are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on the Motion for Summary Judgment Section 102.56(a) of the Board's Rules and Regulations provides that the Respondent shall file an answer within 21 days from service of a compliance specification. Section 102.56(c) of the Board's Rules and Regulations states: 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 further notice to the respondent, find the specification to be true and enter such order as may be appropriate. According to the uncontroverted allegations of the Motion for Summary Judgment, the Respondent, despite having been advised of the filing requirements, has failed to file an answer to the amended compliance specification. In the absence of good cause, being shown for the Respondent's failure to file an answer, we deem the allegations in the amended compliance specification to be admitted as true, and grant the General Counsel's Motion for Summary Judgment. Accordingly, we conclude that the net backpay due the employees and the Union is as stated in the amended compliance specification, and we will order payment by the Respondent of those amounts, plus interest accrued on the amounts to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, Mays Corporation d/b/a Tri-County Commercial Laundry, Louisa, Kentucky, its officers, agents, successors, and assigns, shall make whole the individuals named below, by paying them the amounts following their names, plus interest and minus tax withholdings required by Federal and state laws: 1 309 NLRB 735. 315 NLRB No. 49 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD BACKPAY UNION FEES Ruby York $237.72 $66.00 Curtis Boggs 336.40 52.00 Roy Spillman 46.22 -0- Cora Little 137.49 10.00 John Cornett 83.70 -0- Debbie Jackson 189.46 88.00 Jamie Skaggs 48.79 50.00 Mike Clay 8.04 30.00 Cindy Hounshell 51.76 40.00 Robert Fleming 96.32 50.00 Alonzo Sentus 40.87 -0- - Brian Mills 136.91 -0- - Angie Adams 50.97 -0- - Carlos Hayes 178.18 -0- - Denise Seng 27.77 -0- - Esta Shaulis 58.48 -0- - Randall Blankenship 91.89 -0- - Patty Moore 21.88 -0- BACKPAY UNION FEES George Sanders 14.30 - 0 - Wayne Robertson 18.50 -0- - Dated, Washington, D.C. October 31, 1994 William B. Gould IV, Chairman James M. Stephens, Member Dennis M. Devaney, Member (SEAL) NATIONAL LABOR RELATIONS BOARD