C & M Construction Corp.

C & M Construction Corporation and Connecticut Laborers' Funds a/w Laborers' International Union of North America, AFL-CIO. Case 34- CA-5511 October 15, 1993 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH On July 24, 1992, the National Labor Relations Board issued a Decision and Order,¹ inter alia, ordering C & M Construction Corporation to make whole its unit employees by making all contractually required fringe benefit fund contributions which were not paid on behalf of its employees in violation of the National Labor Relations Act. On April 15, 1993, the United States Court of Appeals for the Second Circuit issued its judgment enforcing in full the Board's Order. A controversy having arisen over the amount of backpay due discriminatees, on June 23, 1993, the Acting Regional Director for Region 34 issued a 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 compliance specification, the Respondent failed to file an answer. By letter dated July 15, 1993, the Regional Attorney advised the Respondent that no answer to the compliance specification had been received and that unless an appropriate answer was received by close of business July 23, 1993, summary judgment would be sought. The Respondent filed no answer. On September 15, 1993, the General Counsel filed with the Board a Motion for Summary Judgment and for issuance of Board Supplemental Decision and Order, with exhibits attached. On September 21, 1993, 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 compliance specification are therefore undisputed. 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 compliance specification. In the absence of good cause for the Respondent'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 amounts due the funds on behalf of the bargaining unit employees are as stated in the compliance specification and we will order payment by the Respondent of the amounts, plus interest. ORDER The National Labor Relations Board orders that the Respondent, C & M Construction Corporation, Hamden, Connecticut, its officers, agents, successors, and assigns, shall make whole the fringe benefit funds by paying to the Connecticut Laborers Health Fund, Connecticut Laborers Pension Fund, Connecticut Laborers Annuity Fund, Connecticut Laborers' Legal Services Fund, New England Laborers Training Fund, and New England Laborers and Employers Education Trust Fund the amounts listed in the compliance specification, with interest to be computed in the manner prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987), and make unit employees whole for any losses they may have suffered as a result of the failure to make such payments, with interest. Dated, Washington, D.C. October 15, 1993 James M. Stephens, Chairman Dennis M. Devaney, Member John Neil Raudabaugh, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 1 307 NLRB No. 227. 312 NLRB No. 158