Schaumburg Hyundai, Inc.

1 NOTICE: This opinion is subject to formal revision before publication in the Board volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal er­ rors so that corrections can be included in the bound volumes. Schaumburg Hyundai, Inc. and Automobile Me­ chanics Local No. 701, International Associa­ tion of Machinists and Aerospace Workers, AFL–CIO. Case 13–CA–32334 May 22, 1997 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINS On August 24, 1995, the National Labor Relations Board issued a Decision and Order,1 inter alia, direct­ ing the Respondent, Schaumburg Hyundai, Inc., to make whole employee Peter Goff and any other em­ ployees who were adversely affected by the Respond­ ent’s unfair labor practices in violation of Section 8(a)(1), (3), and (5) of the National Labor Relations Act. By stipulation approved by the Regional Director on November 21, 1996, the Respondent waived its right under Section 10(e) and (f) of the Act to contest the propriety of the Board’s Order or the underlying findings of fact and conclusions of law, but reserved the right to contest the amount of backpay due the discriminatees under the Board’s Order. Thereafter, on February 4, 1996, the Regional Direc­ tor for Region 13 issued a compliance specification and notice of hearing alleging the amount of backpay due under the Board’s Order, and notifying the Re­ spondent that it should file a timely answer complying with the Board’s Rules and Regulations. Although properly served with a copy of the compliance speci­ fication, the Respondent failed to file an answer. By letter dated March 12, 1997, counsel for the General Counsel advised the Respondent that no an­ swer to the compliance specification had been received and that unless an appropriate answer was filed by March 27, 1997, summary judgment would be sought. The Respondent filed no answer. On April 28, 1997, the General Counsel filed with the Board a Motion to Transfer Case to the Board and for Summary Judgment, with exhibits attached. On April 29, 1997, 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 Re­ spondent again filed no response. The allegations in the motion and in the compliance specification are therefore undisputed. Ruling on the Motion for Summary Judgment Section 102.56(a) of the Board’s Rules and Regula­ tions provides that the Respondent shall file an answer within 21 days from service of a compliance specifica­ tion. Section 102.56(c) of the Board’s Rules and Regu­ lations 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, de- spite having been advised of the filing requirements, has failed to file an answer to the compliance speci­ fication. In the absence of good cause for the Respond­ ent’s failure to file an answer, we deem the allegations in the compliance specification to be admitted as true, and grant the General Counsel’s Motion for Summary Judgment. Accordingly, we conclude that the net back- pay due the discriminatees is as stated in the compli­ ance specification and we will order payment by the Respondent of those amounts to the discriminatees, plus interest accrued on those amounts to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, Schaumburg Hyundai, Inc., Chicago, Illi­ nois, its officers, agents, successors, and assigns, shall make whole the individuals named below, by paying them the amounts following their names, plus interest as prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987), minus tax withholdings required by Federal and state laws: Ron Beckman $1,537 Walter Beer 1,122 Tony Chiovar 1,666 Bill Daley 2,134 Steve Hemmer 2,172 Tom Jundt 1,641 Tom Lindberg 1,341 Mark Novak 1,894 Alan Pokorny 229 Bob Janssen 202 Ira Reisman 2,147 Kahlon Singh 69 Kevin Sweeney 1,877 Jeff Weinberg 1,811 1 318 NLRB 449 (1995). 323 NLRB No. 138 2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Peter Goff 23,570 TOTAL: $43,412 Dated, Washington, D.C. May 22, 1997 llllllllllllllllll William B. Gould IV, Chairman llllllllllllllllll Sarah M. Fox, Member llllllllllllllllll John E. Higgins, Jr., Member (SEAL) NATIONAL LABOR RELATIONS BOARD