BG Electronics

351 NLRB No. 63 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Parrotkeat Enterprises, Inc. d/b/a BG Electronics and International Brotherhood of Electrical Work- ers, AFL–CIO, Local No. 134. Case 13–CA– 42950 November 28, 2007 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER The General Counsel seeks default judgment in this case on the ground that the Respondent has failed to file an answer to the compliance specification. On August 2, 2006, the Board issued an Order1 that, among other things, ordered the Respondent to make whole employee Bryan Stacey for any loss of earnings and other benefits, with interest, resulting from the Re- spondent’s unfair labor practices in violation of Section 8(a)(3) and (1) of the Act. On May 10, 2007, the United States Court of Appeals for the Seventh Circuit entered its judgment enforcing the Board’s Order.2 A controversy having arisen over the amount of back- pay due Bryan Stacey, on August 20, 2007, the Regional Director issued a compliance specification and notice of hearing alleging the amount due under the Board’s Or- der. The compliance specification notified the Respon- dent that it should file an answer within 21 days from the date of the specification, complying with the Board’s Rules and Regulations. Although properly served with a copy of the compliance specification, the Respondent failed to file an answer. By letters dated September 11, 2007, the Region ad- vised the Respondent that no answer to the compliance specification had been received and unless an answer was filed by September 18, 2007, a motion for default judgment would be filed. To date, the Respondent has failed to file an answer. On September 24, 2007, the General Counsel filed with the Board a Motion for Default Judgment, with ex- hibits attached. On September 27, 2007, the Board is- sued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent did not file a response. The 1 Unpublished Order adopting, in the absence of exceptions, the de- cision of Administrative Law Judge David I. Goldman issued on June 7, 2006 (JD-40-06). 2 Case No. 07-1236. allegations in the motion and in the compliance specifi- cation are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on the Motion for Default Judgment Section 102.56(a) of the Board’s Rules and Regula- tions provides that the Respondent shall file an answer within 21 days from service of a compliance specifica- tion. Section 102.56(c) provides that 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 support of the allegations of the specification and without further notice to the re- spondent, find the specification to be true and enter such order as may be appropriate. According to the uncontroverted allegations of the mo- tion for default judgment, the Respondent, despite having been advised of the filing requirements, has failed to file an answer to the compliance specification. In the ab- sence of good cause for the Respondent’s failure to file an answer, we deem the allegations in the compliance specification to be admitted as true, and grant the Gen- eral Counsel’s Motion for Default Judgment. Accord- ingly, we conclude that the net backpay due Bryan Sta- cey is as stated in the compliance specification, and we will order the Respondent to pay that amount to Bryan Stacey, plus interest accrued on that amount to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, Parrotkeat Enterprises, Inc. d/b/a BG Elec- tronics, Schaumburg, Illinois, its officers, agents, succes- sors, and assigns, shall make whole Bryan Stacey by paying him the amount following his name, plus interest accrued to the date of payment, as prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987), mi- nus tax withholdings required by Federal and State laws: Bryan Stacey $21,709.81 Dated, Washington, D.C. November 28, 2007 ______________________________________ Robert J. Battista, Chairman ______________________________________ Wilma B. Liebman, Member ______________________________________ Peter C. Schaumber, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 351 NLRB No. 63