Buehler Lumber Co.

BUEHLER LUMBER CO Buehler Lumber Company and Local 502, Interna- tional Union of Electronic, Electrical, Techni- cal, Salaried and Machine Workers, AFL-CIO. Case 6-CA-16734 21 February 1985 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS HUNTER AND DENNIS On 30 April 1984 the National Labor Relations Board entered its Decision and Order' in the above-entitled proceeding directing Buehler Lumber Company, among other actions, to make whole employees Dwayne A. Carlson, Ronald C. Edgar, Robert Gorton, Rodney D. Himes, and Darryl L. Oknefski for any loss of pay they may have suffered by reason of its discrimination against them. The United States Court of Appeals for the Third Circuit enforced the Board's Order 23 August 1984.2 A controversy having arisen over the amount of backpay due under the Board's Order, the Regional Director for Region 6 on 16 November 1984 issued a backpay specification and notice of hearing alleging the amounts of backpay due and notifying the Respondent that it should file a timely answer. The Respondent failed to file an answer. On 24 December 1984 the General Counsel filed a Motion for Summary Judgment. On 28 Decem- ber 1984 the Board issued an order transferring 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 response. The allegations in the motion are therefore undis- puted. 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. ' 270 NLRB No 41 (1984) (not reported in Board volumes) 2 No 84-3437 (Aug 23, 1984) 199 The backpay specification states that the Re- spondent shall file an answer within 15 days from the date of the service of the specification, and that if the answer fails to deny the specification's allega- tions in the manner required under the Board's Rules and Regulations, and the failure to do so is not adequately explained, the allegations shall be deemed to be true. Further, the undisputed allega- tions in the Motion for Summary Judgment dis- close that the Regional attorney, by letter dated 11 December 1984, notified the Respondent that if an answer was not received immediately, a Motion for Summary Judgment would be filed. Absent any explanation for the Respondent's fail- ure to file a timely answer, we grant the General Counsel's Motion for Summary Judgment.3 Accordingly, the Board concludes that the net backpay due the discriminatees, Dwayne A. Carl- son, Ronald C. Edgar, Robert Gorton, Rodney D. Himes, and Darryl L. Oknefski, is as stated in the computations of the backpay specification, and orders the Respondent to pay those amounts to the discriminatees. ORDER The National Labor Relations Board orders that the Respondent, Buehler Lumber Company, Ridg- way, Pennsylvania, its officers, agents, successors, and assigns, make whole each employee named below by paying them the amounts set forth adja- cent to their names, plus interest computed in the manner prescribed in Florida Steel Corp., 231 NLRB 651 (1977),4 and accrued to the date of pay- ment, minus tax withholdings required by law. Dwayne A. Carlson $866.25 Ronald C. Edgar 925.08 Robert Gorton 227.50 Rodney D. Himes 866.25 Darryl L. Oknefski 997.50 a In granting the General Counsel's Motion for Summary Judgment, Chairman Dotson specifically relies on the total failure of the Respondent to respond to the allegations of the General Counsel's backpay specifica- tion Thus, the Chairman regards this proceeding as being essentially a default judgment which is without precedential value 4See generally Isis Plumbing Co, 138 NLRB 716 (1962) 274 NLRB No. 30