Hill'S Painting & Decorating Co.

20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Hampton Hill d/b/a Hill's Painting & Decorating Co. and L. C. Robinson, Jr. and Jessie Adams. Cases 14-CA-15677-1, 14-CA-16427, and 14- CA-15677-2 9 April 1985 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS HUNTER AND DENNIS On 16 September 1983 the National Labor Rela- tions Board entered its Decision and Order 1 in the above-entitled proceeding, directing Hampton Hill d/b/a Hill's Painting & Decorating Co., among other actions, to make whole employees L. C. Robinson Jr., Jessie Adams, Stanley Jackson, Jeff Robinson, and Tom Turner for any loss of pay they may have suffered by reason of its discrimina- tion against them. The United States Court of Ap- peals for the Eighth Circuit enforced the Board's Order 25 October 1983.2 A controversy having arisen over whether the Respondent fulfilled its ob- ligation to offer reinstatement to L. C. Robinson Jr., and the amount of backpay due him under the Board's Order, the Regional Director for Region 14 on 22 January 1985 issued a backpay specifica- tion 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 14 February 1985 the General Counsel filed a Motion for Summary Judgment. On 22 February 1985 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. On the entire record, the Board makes the fol- lowing Ruling on the Motion for Summary Judgment 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 General Counsel, by letter dated 8 February 1985, notified the Respondent that if an answer was not received by 12 February 1985, a motion to deem all matters to 'be admitted to be true 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 discriminatee, L. C. Robinson Jr., is as stated in the computations of the backpay specification, and orders the Respondent to , pay this amount to the discriminatee.4 ORDER The National Labor Relations Board orders that the Respondent, Hampton Hill d/b/a Hill's Paint- ing & Decorating Co., St. Louis, Missouri, its offi- cers, agents, successors, and assigns, shall make whole the employee named below by paying him the amount set forth adjacent to his name, plus in- terest computed in the manner prescribed in Flori- da Steel Corp., 231 NLRB 651 (1977),5 and accrued to the date of payment, minus tax withholdings re- quired by law. L. C. Robinson Jr. $8,077.67 IT IS FURTHER ORDERED that the backpay amount due L. C., Robinson Jr. is only for the period 27 September 1983 through 31 December 1984, and that backpay amounts may accumulate until the Respondent, offers reinstatement to L. C. Robinson Jr.: 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. i Not published in the Board's bound volumes Member Hunter did not participate in this Decision and Order 2 No 83-2326 (Oct 25, 1983) 3 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 4 The backpay amount due is only, for the period 27 September 1983 through 31 December 1984 Backpay amounts may accumulate until the Respondent offers reinstatement to L C Robinson Jr See generally Isis'Plumbing Co, 138 NLRB 716 (1962) 275 NLRB No. 5