Country Lane Construction

COUNTRY LANE CONSTRUCTION, INC. 349 NLRB No. 116 1325 Country Lane Construction, Inc. and Local 1234, Michigan Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America. Case 7–CA–44949 May 31, 2007 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS LIEBMAN, SCHAUMBER, AND WALSH The General Counsel seeks summary judgment in this case pursuant to the terms of a settlement agreement. On August 27, 2003, the National Labor Relations Board issued a Decision and Order1 directing the Re- spondent, Country Lane Construction, Inc., to take make whole discriminatee Jeff Blair for any loss of earnings and other benefits suffered as a result of the Respon- dent’s refusal to hire him in violation of Section 8(a)(3) and (1) of the Act. On April 23, 2004, the United States Court of Appeals for the Sixth Circuit enforced in full the Board’s decision.2 A controversy having arisen concerning the amount of backpay due discriminatee Jeff Blair under the terms of the Board’s Order, on December 13, 2006, the Regional Director issued a compliance specification and notice of hearing alleging the amount due under the Board’s Order and notifying the Respondent that it must file a timely answer complying with the Board’s Rules and Regula- tions. On January 16, 2007, the Respondent entered into a settlement agreement, which was approved on January 17, 2007, by the Acting Regional Director. The settle- ment agreement required the Respondent to make em- ployee Jeff Blair whole by payment to him of backpay by no later than January 31, 2007. The settlement agreement contained the following clause concerning noncompliance by the Respondent with the agreed-upon terms: NONCOMPLIANCE WITH SETTLEMENT AGREEMENT— The Charged Party agrees that in case of non- compliance with any of the terms of this Settlement Agreement by the Charged Party and after 15 days no- tice from the Regional Director of the National Labor Relations Board of such noncompliance without rem- edy by Charged Party, the Regional Director shall reis- sue the compliance specification and notice of hearing 1 339 NLRB 1321. Member Schaumber dissented in the underlying decision and would have denied the General Counsel’s Motion for Default Summary Judgment without prejudice to its renewal before an administrative law judge. He agrees, however, that it would be inap- propriate to reopen the underlying decision at this stage of the case. Accordingly, he agrees that the issues resolved by the Board’s original Order in this case are res judicata. 2 95 Fed.Appx. 817. thereon. Thereafter, the General Counsel may file a motion for summary judgment with the Board on the allegations of the compliance specification concerning the allegations therein. The Charged Party understands and agrees that the allegations of the aforementioned compliance specification may be deemed to be true by the Board, that it will not contest the validity of any such allegations, and the Board may enter findings, conclusions of law, and an order on the allegations of the aforementioned compliance specification. On re- ceipt of said motion for summary judgment, the Board shall issue an Order requiring the Charged Party to show cause why said Motion of the General Counsel should not be granted. The only issue that may be raised in response to the Board’s Order to Show Cause is whether the Charged Party defaulted upon the terms of this settlement agreement. The Board may then, without necessity of trial or any other proceeding, find all allegations of the compliance specification to be true and make findings of fact and conclusions of law con- sistent with those allegations adverse to the Charged Party, on all issues raised by the pleadings. The parties further agree that the Board Order and a U.S. Court of Appeals Judgment may be entered hereon ex parte. By letter dated January 18, 2007, the Respondent was sent a conformed copy of the settlement agreement and advised to take the steps necessary to comply with it. By letter dated February 27, 2007, the Regional Director reminded the Respondent of its obligation to pay the backpay owing under the terms of the settlement agree- ment and warned that its failure to do so may result in the filing of a Motion for Summary Judgment. The Respondent has not submitted any of the backpay required under the terms of the settlement agreement. On May 2, 2007, the Regional Director reissued the compliance specification pursuant to the noncompliance provisions of the settlement agreement. Subsequently, on May 8, 2007, the General Counsel filed a Motion for Summary Judgment with the Board. On May 9, 2007, 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 filed no response. The allegations in the motion are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Summary Judgment According to the uncontroverted allegations in the Mo- tion for Summary Judgment, the Respondent has failed to comply with the terms of the settlement agreement by failing to remit the agreed-upon backpay amount due DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1326 discriminatee Jeff Blair. Consequently, pursuant to the noncompliance provisions of the settlement agreement set forth above, we find that the allegations of the com- pliance specification are true.3 Accordingly, we grant the General Counsel’s Motion for Summary Judgment. On the entire record, the Board concludes that the net backpay due discriminatee Jeff Blair is as stated in the compliance specification, and we will order the Respon- dent to pay him that amount, plus interest accrued to the date of payment. 3 See U-Bee, Ltd., 315 NLRB 667 (1994). ORDER The National Labor Relations Board orders that the Respondent, Country Lane Construction, Inc., Goshen, Indiana, its officers, agents, successors, and assigns, shall make whole Jeff Blair by paying him $13,090, plus in- terest to be computed in the manner set forth in New Ho- rizons for the Retarded, 283 NLRB 1173 (1987), and minus tax withholdings required by Federal and State laws.