Dox Automotive Supply

496 305 NLRB No. 50 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1 The name of the Charging Party has been changed to reflect the new official name of the International Union. 2 The Board’s Order was not included in bound volumes. 3 In response to the compliance specification, counsel for the Re- spondent’s trustee sent a letter dated June 26, 1991, to the Regional Office, which asserted that no portion of the Board’s retroactive wage award to the debtor’s employees is a ‘‘wage priority’’ under § 507 (a)(3) of the Bankruptcy Code. Counsel for the Respondent’s trustee further contended that the Board could not bind the Bank- ruptcy Court on the issue of the priority of the claim. Thereafter, by certified and regular mail dated July 25, 1991, the Regional Office again notified the Respondent and the Respondent’s trustee of the obligation to file an answer and advised that unless an answer was filed by August 8, 1991, a Motion for Default Judgment would be filed. Dox Automotive Supply, Inc., and its Trustee in Bankruptcy, Sheila Solomon and Local 299, International Brotherhood of Teamsters, AFL– CIO.1 Case 7–CA–30466 October 25, 1991 DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATT On March 19, 1991, the National Labor Relations Board issued an Order in this proceeding,2 in which it ordered the Respondent, Dox Automotive Supply, Inc., to make its employees whole for the losses they suf- fered as a result of the Respondent’s unfair labor prac- tices. A controversy having arisen over the amounts due under the Board’s Order, the Acting Regional Di- rector for Region 7, on June 25, 1991, issued and caused to be served on the Respondent and its Trustee in Bankruptcy a compliance specification and notice of hearing alleging the amounts due under the terms of 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 compliance specification, the Respondent has failed to file an answer.3 On August 26, 1991, the General Counsel filed with the Board Motions to Transfer Case to the Board and for Default Summary Judgment, with Exhibits at- tached. On August 29, 1991, 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 did not file a response. The allega- tions in the motion are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. On the entire record, the Board makes the following Ruling on Motion for Default Summary Judgment Section 102.56 of the Board’s Rules and Regulations provides that if an answer is not filed within 21 days from the service of the compliance specification, the Board may find the allegations of the specification to be true and enter an appropriate order. According to the uncontroverted allegations in the Motion for De- fault Summary Judgment, the Respondent, despite hav- ing been advised of the filing requirements, has failed to file a timely and proper answer to the compliance specification. In the absence of good cause for the Re- spondent’s failure to file an answer, we deem the alle- gations in the compliance specification to be admitted as true, and we grant the General Counsel’s Motion for Default Summary Judgment. Accordingly, we conclude that the net backpay due the discriminatees is as stated in the compliance specification and we will order pay- ment of that amount by the Respondent to the discriminatees. ORDER The National Labor Relations Board orders that the Respondent, Dox Automotive Supply, Inc., and its Trustee in Bankruptcy, Sheila Solomon, Detroit, Michigan, its officers, agents, successors, and assigns, shall make whole the discriminatees named below, by paying them the amounts following their names, with interest to be computed in the manner prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987), minus tax withholdings required by Federal and state laws: Gilda Bake $124 Walter Carver 124 Marie Cavender 124 Clara Cucinella 124 Karen Faucher 124 Jill Harris 124 Kathy Hotzclaw 124 Sanford Korby 124 Edward Korczynski 124 Ronald Krekyger 124 Tom Mac 124 Frederick McClendon 124 Dorothy Paterson 124 Evelyn Patterson 124 Homer Robinson 124 Angels Salveta 124 Paul Simoneau 124 Psalms Smith 124 Ron Sullivan 124 Shirley Tapia 124 Willis Taylor 124 Vanness Walker 124 Tony Watts 124