Kasper Disposal Service

KASPER DISPOSAL SERVICE Kasper Disposal Service and Teamsters Local 945, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of Amer- ica, AFL-CIO Case 22-CA-14371 January 11, 1989 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND CRACRAFT On September 30, 1987, the National Labor Re lations Board issued a Decision and Order in this proceeding,' in which it ordered the Respondent, inter alia, to make whole Sandra LePoidevin for any loss of earnings and other benefits resulting from the Respondent's unfair labor practices in vio lation of Section 8(a)(1) and (3) of the Act A con troversy having arisen over the amount of backpay due under the terms of the Board's Order, the Re- gional Director for Region 22 issued and duly served on the Respondent a backpay specification and notice of hearing, alleging the amount of back pay due The Respondent failed to file in answer On April 13, 1988, the General Counsel filed with the Board a Motion for Summary Judgment based on the Respondent's failure to file an answer On August 31, 1988, the Board issued an order de- nying the General Counsel's Motion for Summary Judgment,2 allowing the Respondent 14 additional days to file an answer, and providing that the Gen eral Counsel could renew its motion "should the Respondent fail to file a timely, proper answer " Thereafter, on September 20, 1988, the General Counsel filed with the Board a renewed Motion for Summary Judgment based on the Respondent's fail ure to file an answer 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, giving the Respond- ent until October 6, 1988, to file a response On October 20, 1988, the Respondent filed its opposi tion to the General Counsel's motion, alleging that it filed an answer on September 15, 1988, and that the Respondent's attorney simply could not have humanely [sic] propounded the Answer any earlier 1 286 NLRB 14 (1987) 2 290 NLRB 1031 Member Johansen who dissented from the denial of the General Counsels previous Motion for Summary Judgment in this case agrees with his colleagues that even with the extension of time granted in the prior decision the Respondent has failed to file a timely answer and the General Counsels renewed Motion for Summary Judg ment should be granted 265 in September ' On October 26, 1988, the General Counsel filed a motion to reject the Respondent's answer as untimely, and on November 2, 1988, the General Counsel filed a brief in support of its motion, noting that the answer was not filed until September 20, 1988, and that the Respondent had never requested an extension of time for filing its answer The National Labor Relations Board has delegat ed its authority in this proceeding to a three member panel On the entire record in this case, the Board makes the following Ruling on the Motion for Summary Judgment In its Order denying the General Counsel's Motion for Summary Judgment, which issued on August 31, 1988, the Board gave the Respondent 14 days from the date of the Order in which to file its answer Thus, the Respondent's answer was to have been filed in the Regional Office on or before September 14, 1988 See Section 102 111 of the Board's Rules and Regulations Even if we were to accept the Respondent's response to the Board s Notice to Show Cause, which was filed 2 weeks after the date set in the Board's notice, the Re spondent admittedly filed its answer to the backpay specification no earlier than September 15, 1988 In the absence of good cause being shown by the Re- spondent for the failure to file a timely answer and in light of our prior grant of a 2-week extension of time to file an answer, we find the Respondent's answer to be untimely and grant the General Counsel's motion to reject the Respondent's answer Since we have rejected the Respondent's answer, in accordance with the Board s Rules and Regula- tions, the allegations of the backpay specification are deemed to be admitted as true, and we further grant the General Counsel's Motion for Summary Judgment Accordingly, the Board concludes that the net backpay due the discriminatee is as stated in the computations of the specification, and orders the payment thereof by the Respondent to the discri minatee ORDER The National Labor Relations Board orders that the Respondent, Kasper Disposal Service, Annan dale, New Jersey, its officers, agents, successors, 292 NLRB No 41 266 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD and assigns, shall make whole the discriminatee, ed,3 and accrued to the date of payment , minus tax Sandra LePoidevin , by payment to her in the withholdings required by Federal and state laws amount of $ 15,768 51 , plus interest computed in the manner prescribed in New Horizons for the Retard- 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 3 283 NLRB 1173 (1987) Interest on and after January 1 1987 shall be amendment to 26 U S C § 6621) shall be computed in accordance with computed at the short term Federal rate for the underpayment of taxes Florida Steel Corp 231 NLRB 651 (1977)