B And R Coal Co., Inc.

B & R COAL CO. B and R Coal Co., Inc . and District 30, United Mine Workers of America. Case 9-CA-23286 June 30, 1988 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND CRACRAFT On December 16, 1986, the National Labor Rela- tions Board issued its Decision and Order 1 in which it directed, inter alia, that the Respondent make whole unit employees for any losses they may have suffered as a result of the Respondent's unfair labor practices in violation of Section 8(a)(1) and (5) of the National Labor Relations Act. On May 14, 1987, the United States Court of Appeals for the Sixth Circuit issued its judgment enforcing, among other things, the backpay provisions of the Board's Order.2 A controversy having arisen over the amount of backpay due under the Order, the Regional Director for Region 9, on January 5, 1988, issued a backpay specification and notice of hearing and on February 23, 1988, issued an amended backpay specification and an order re- scheduling hearing setting forth allegations with re- spect to the amounts of backpay due. The Re- spondent was duly served with copies of each specification. The Respondent has not filed an answer to either specification and the allegations in the backpay specification, as amended, therefore stand uncontroverted. On April 7, 1988, the General Counsel filed di- rectly with the Board a motion to transfer proceed- ing to the Board and Motion for Summary Judg- ment with exhibits attached. Subsequently, on April 8, 1988, the Board issued an order transfer- ring proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted, which were served by certified mail on the Re- spondent. The Respondent has failed to file a re- sponse to the Notice To Show Cause. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. On the entire record in this proceeding, the Board makes the following Ruling on the Motion for Summary Judgment Section 102.54 of the Board's Rules and Regula- tions provides in relevant part with respect to a backpay specification: ' 282 NLRB No 68 2 Unpublished 729 (a) . . . The respondent shall, within 21 days from the service of the specification, if any, file an answer thereto ... . (c) . . . If the respondent fails to file an answer to the specification within the time prescribed by this section, the Board may, either with or without taking evidence in sup- port of the allegations of the specification and without notice to the respondent, find the specification to be true and enter such order as may be appropriate . . . . The amended backpay specification specifically states that, pursuant to Section 102.54 of the Board's Rules and Regulations, the Respondent shall file an answer with the Regional Director and to the extent that such answer fails to deny allega- tions of the specification in the manner required under the Board's Rules and Regulations, and the failure to do so is not adequately explained, such allegations shall be deemed to be admitted to be true and the Respondent shall be precluded from introducing any evidence controverting them. Ac- cording to the uncontroverted allegation of the Motion for Summary Judgment, counsel for the General Counsel informed the Respondent, by letter dated March 22, 1988, of the requirement to file an answer to the specification and of the Gen- eral Counsel's intention to move for summary judg- ment in the above-styled case if no answer was filed. The letter was sent to the Respondent on the same date by certified mail. To date, Respondent has not filed an answer to the amended backpay specification, nor a response to the Notice To Show Cause. Because the Respondent has not filed an answer to the amended backpay specification or offered any explanation for its failure to do so, in accord- ance with the rules set forth above the Board deems the Respondent to have admitted all allega- tions of the specification to be true and that there are no matters in issue requiring a hearing. Accord- ingly, we grant the General Counsel's Motion for Summary Judgment.3 ORDER The National Labor Relations Board orders that the Respondent, B and R Coal Co., Inc., Weeks- bury, Kentucky, its officers, agents, successors, and assigns, make whole the discriminatees named below, by payment to them of the amounts follow- ing their names plus interest accrued to the date of payment to be computed in the manner prescribed 3 The amended backpay specification contained several mathematical errors that have been corrected in this Supplemental Decision and Order 289 NLRB No. 92 730 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD in New Horizons for the Retarded,4 until payment of all backpay due is made, less tax withholdings re- quired by Federal and state laws: George Branham $7,348.24 Hayden Burke 6,285.28 4 283 NLRB 1173 (1987). Interest will be computed at the "short-term Federal rate" for the underpayment of taxes as set out in the 1986 amend- ment to 26 U.S.C. § 6621. Dean Counts 6,285.28 Terry Johnson 13,046.59 Jesse Little 6,764.33 Jerry Johnson 4,648.12 Fon Martin 5,076.96 Claude Moore 6,285.28 Vincent Blevins 6,051.20 Jerry Hurt 6,285.28