C J & S Coal Co , Inc

C J & S COAL CO 207 C J & S Coal Cot Inc and United Mine Workers of America District 30 Cases 9-CA-23473 and 9-CA-23977 September 30 1988 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND CRACRAFT On July 31 1987 the National Labor Relations Board issued its Decision and Order' directing the Respondent to inter alia make whole all unit em ployees for loss of wages and other benefits they suffered as a result of the Respondents unfair labor practices in violation of Section 8(a)(5) and (1) of the Act On April 19 1988 the United States Court of Appeals for the Sixth Circuit entered its judgment enforcing in full the Board s Order 2 On July 12, 1988, the Regional Director for Region 9 issued a backpay specification alleging the backpay due under the Board's Order Although properly served with the backpay specification, the Re spondent has failed to file an answer On August 22 1988 the General Counsel filed a Motion to Transfer Proceeding and Motion for Summary Judgment On August 25 1988, the Deputy Executive Secretary issued an order trans fernng the proceeding to the Board and a Notice to Show Cause why the Motion for Summary Judgment should not be granted The Respondent filed no response The allegations in the motion are, therefore undisputed The National Labor Relations Board has delegat ed its authority in this proceeding to a three member panel Ruling on Motion for Summary Judgment Section 102 54 of the Board s Rules and Regula tions provides that if an answer is not filed within 21 days from service of the backpay specification the Board may find the backpay specification to be true The backpay specification states that the Re spondent shall file an answer within 21 days from 1 285 NLRB No 7 (1987) (unpublished) 2 845 F 2d 326 the date of the specification and that if the answer falls to deny the specifications allegations in the manner required under the Board s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 ad mitted to be true Further, the undisputed allegations in the Motion for Summary Judgment disclose that counsel for the General Counsel by letter dated August 3 1988 notified the Respondent that unless an answer was received by August 12 1988 a Motion for Summary Judgment would be filed The Respond ent filed no response Thus, the allegations of the backpay specifications are undenied Accordingly, the allegations of the backpay specification are ac cepted as true, and we grant the General Counsel s Motion for Summary Judgment ORDER The National Labor Relations Board orders that the Respondent, C J & S Coal Company Inc Price Kentucky, its officers, agents successors and assigns, shall make whole the following discri minatees by paying them the amounts set forth op posite their names, plus interest accrued to the date of payment minus the tax withholding required by law Interest shall be computed in accordance with New Horizons for the Retarded Tommy Caudill $1 165 00 Fairon Johnson 934 35 Barry Little 555 52 Frank Mullins Jr 502 23 Doley Hall 552 74 Mike Johnson 507 01 Don Yates 584 85 Denzel Sexton 578 83 Glen Hurst 361 16 Keith Meade 597 22 Harvey Sizemore 1 094 78 Total $7,433 69 s 283 NLRB 1173 ( 1987) Interest on and after January 1 1987 shall be computed at the short term Federal rate for the underpayment of taxes as set out in the 1986 amendment to 26 US C § 6621 Interest on amounts accrued prior to January 1 1987 (the effective date of the 1986 amendment to 26 U S C § 6621) shall be computed in accordance with Flonda Steel Corp 231 NLRB 651 (1977' L 291 NLRB No 29