Schmidt-Tiago Construction Co.

146 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Schmidt-Tiago Construction Company and Interna- tional Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of America, Local Union No 13 1 Cases 27-CA-7424, 27-CA- 7367-7, and 27-CA-8348 December 30, 1988 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND CRACRAFT On September 30, 1987 , the National Labor Re lations Board issued its Decision and Order in this case directing Schmidt Tiago Construction Compa ny (the Respondent) to make whole unit employees represented by International Brotherhood of Team sters, Chauffeurs, Warehousemen and Helpers of America, Local Union No 13, AFL-CIO (the Union), by paying on their behalf contributions to various fringe benefit funds, and by making them whole for any losses or expenses they may have in- curred as a result of the Respondent's unfair labor practices 2 On April 19, 1988, the United States Court of Appeals for the Tenth Circuit, based on the Respondent's failure to file an answer, granted the Board's motion for judgment by default, and ordered that the Order of the Board be enforced 3 On August 29, 1988, the Regional Director for Region 27 issued a backpay specification and notice of hearing setting forth specifically and in detail the backpay computations for the fringe benefit contributions involved in this proceeding and noti- fying the Respondent that a timely answer must be filed, which must comply with the Board s Rules and Regulations The Respondent failed to file an answer to the backpay specification On November 10, 1988, the General Counsel filed with the Board a Motion for Summary Judg ment with exhibits attached On November 16, 1988, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the General Counsel's Motion for Sum- mary Judgment should not be granted The Re- spondent did not file a 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 On the entire record in this proceeding, the Board makes the following Ruling on the Motion for Summary Judgment Section 102 56 of the Board's Rules and Regula- tions4 provides that if an answer is not filed within 21 days from the service of the backpay specifica- tion, the Board may find the allegations of the specification to be true and enter an appropriate order 5 The undisputed allegations in the Motion for Summary Judgment disclose that the Respond- ent, after being duly served with the specification, has failed to file an answer to the backpay specifi cation In view of the Respondent's failure to file an answer to the backpay specification in accordance with the provisions of Section 102 56 of the Na- tional Labor Relations Board Rules and Regula- tions, and in the absence of good cause being shown for that failure, we find the allegations of the specification to be true and grant the General Counsel's Motion for Summary Judgment Accordingly, we find that the backpay amounts due the pension trust fund and the vacation fund are as stated in the computations of the specifica- tion, and we shall order that payment thereof be made to those funds by the Respondent ORDER The National Labor Relations Board orders that the Respondent, Schmidt-Tiago Construction Com- pany, Colorado Springs, Colorado, its officers, agents, successors, and assigns, shall make whole the fringe benefit funds named below by payment of the amounts specified, plus additional interest and liquidated damages to be accrued until pay ment is made of all such amounts due as provided in our original Order i On November 1 1987 the Teamsters International Union was read mitted to the AFL-CIO Accordingly the caption has been amended to reflect that change 2 286 NLRB 342 2 The court s judgment was not published 4 Formerly Sec 102 54 The Board amended its rules governing pro ceedings concerning compliance with Agency orders effective November 13 1988 The substance of former Secs 102 54 and 102 55 has been incor porated into Sec 102 56 as revised and former Sec 102 56 with some modification has become the new Sec 102 57 while the substance of former Sec 102 57 has become par (c) of the new Sec 102 55 in the revised rules 5 We note that the Regional Director erroneously informed the Re spondent that it had to file an answer within 15 days In light of the Re spondent s failure to file an answer or a response to the Notice to Show Cause we find the Regional Directors misstatement in no way preju diced the Respondent 292 NLRB No 30 SCHMIDT TIAGO CONSTRUCTION 147 Fund Interest Through 7/31/88 Damages Through 7/31/88 Total Pension Trust Fund $222 936 55 $ 12761421 $12761421 $478 164 96 Vacation Fund 127 392 31 72 922 41 12 739 23 213 053 95