Troy's Restaurant

TROY'S RESTAURANT Troy Haney and Hugh Haney , a Partnership, d/b/a Troy's Restaurant and Cindy Nealy Rippy. Case 25-CA-15126 13 February 1985 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS HUNTER AND DENNIS On 2 August 1983 the National Labor Relations Board issued its unpublished Order in the above- entitled proceeding, directing Troy Haney and Hugh Haney, a Partnership , d/b/a Troy's Restau- rant, among other actions, to make whole employ- ee Cindy Nealy' for any loss of pay she may have suffered by reason of its discrimination against her. The United States Court of Appeals for the Sev- enth Circuit enforced the Board 's Order 22 March 1984.2 A controversy having arisen over the amount of backpay due under the Board's Order, the Regional Director for Region 25 on 4 October 1984 issued a backpay specification and notice of hearing, alleging the amount of backpay due and notifying the Respondent that it should file a timely answer. The Respondent failed to file an answer. On 13 November 1984 counsel for the General Counsel filed a Motion for Summary Judgment. On 20 November 1984 the Board issued an order trans- ferring the proceeding to the Board and a Notice to Show Cause why the General Counsel 's motion should not be granted . The Respondent filed no re- sponse . The allegations in the motion are therefore undisputed. 1 Cindy Nealy changed her name to Cindy Nealy Rippy after the Board issued its Order 2 No 83-3220 (Mar 22, 1984) 45 On the entire record the Board makes the fol- lowing Ruling on the Motion for Summary Judgment Section 102.54 of the Board's Rules and Regula- tions provides that if an answer is not filed within 15 days from the service of the specification the Board may find the specification to be true. The backpay specification states that the Re- spondent shall file an answer within 15 days from the date of the specification, and that if the answer falls to deny the specification's allegations in the manner required under the Board's Rules and Reg- ulations, and the failure to do so is not adequately explained, the allegations shall be deemed to be true. Absent any explanation for the Respondent's fail- ure to file a timely answer, we grant the General Counsel's Motion for Summary Judgment. Accordingly, the Board concludes that the net backpay due the discriminatee, Cindy Nealy Rippy, is as stated in the computations of the backpay specification, and orders the Respondent to pay her that amount. ORDER The National Labor Relations Board orders that the Respondent, Troy Haney and Hugh Haney, a Partnership, d/b/a Troy's Restaurant, Indianapolis, Indiana, its officers, agents, successors, and assigns, make whole Cindy Nealy Rippy, by paying her $2,481.19, plus interest computed in the manner prescribed in Florida Steel Corp., 231 NLRB 651 (1977),3 and accrued to the date of payment, minus tax withholdings required by law. 3 See generally Isis Plumbing Co, 138 NLRB 716 (1962) 274 NLRB No. 9