Synergy International

351 NLRB No. 76 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. Synergy International and Nancy Nowakowski. Case 5–CA–33009 December 20, 2007 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS SCHAUMBER, KIRSANOW, AND WALSH The General Counsel seeks a default judgment in this case on the ground that the Respondent has failed to file an answer to the compliance specification. On September 29, 2006, the Board issued a Decision and Order1 that, among other things, ordered the Re- spondent to make whole employee Nancy Nowakowski for any loss of earnings and other benefits suffered as a result of her unlawful discharge in violation of Section 8(a)(1) of the Act. On May 15, 2007, the United States Court of Appeals for the Fourth Circuit entered its judg- ment enforcing in full the Board’s Order. A controversy having arisen over the amount of back- pay due the discriminatee under the Board’s Order, on August 16, 2007, the Regional Director for Region 5 issued a compliance specification and notice of hearing alleging the amount due under the Board’s Order. The compliance specification notified the Respondent that it should file an answer by September 6, 2007, complying with the Board’s Rules and Regulations. Although prop- erly served with a copy of the compliance specification, the Respondent failed to file an answer. By letter dated October 2, 2007, the Region advised the Respondent that no answer to the compliance specifi- cation had been received and that unless an answer was filed by October 16, 2007, a motion for default judgment would be filed. To date, the Respondent has failed to file an answer. On October 26, 2007, the General Counsel filed with the Board a Motion for Default Judgment, with exhibits attached. On October 31, 2007, the Board issued an or- der transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent again filed no response. The allegations in the motion and in the compliance specification are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 1 348 NLRB No. 34. 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) of the Board’s Rules and Regula- tions provides that if the respondent fails to file any an- swer 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 respondent, 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 jdgment, 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 the discrimi- natee is as stated in the compliance specification and we will order the Respondent to pay that amount to Nancy Nowakowski, plus interest accrued on the amount to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, Synergy International, Joppa, Maryland, its officers, agents, successors, and assigns, shall make Nancy Nowakowski whole by paying her the amount following her name, plus interest accrued to the date of payment, as prescribed in New Horizons for the Re- tarded, 283 NLRB 1173 (1987), minus tax withholdings required by Federal and State laws: Nancy Nowakowski $11,044 Dated, Washington, D.C. December 20, 2007 Peter C. Schaumber, Member Peter N. Kirsanow, Member Dennis P. Walsh, Member (SEAL) NATIONAL LABOR RELATIONS BOARD