John Pomaville Plumbing

350 NLRB No. 95 John Pomaville d/b/a John Pomaville Plumbing and Local 333, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL– CIO. Case 7–CA–47830 September 14, 2007 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER 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 July 22, 2005, the Board issued a Decision and Or- der,1 that, among other things, ordered the Respondent to make whole employee Alfred Walters for any loss of earnings and other benefits, with interest, resulting from the Respondent’s unfair labor practices in violation of Section 8(a)(3) and (1) of the Act. On February 14, 2006, the United States Court of Appeals for the Sixth Circuit entered its judgment enforcing the Board’s Or- der.2 A controversy having arisen over the amount of back- pay due Alfred Walters, on June 26, 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 by July 17, 2007, com- plying with the Board’s Rules and Regulations. Al- though properly served with a copy of the compliance specification, the Respondent failed to file an answer. By letter dated July 19, 2007, the Region advised the Respondent that no answer to the compliance specifica- tion had been received and that unless an answer was filed by July 26, 2007, a motion for default judgment would be filed. To date, the Respondent has not filed an answer. On August 13, 2007, the General Counsel filed with the Board a Motion for Default Judgment and brief in support, with exhibits attached. On August 16, 2007, the Board issued an order transferring the proceeding to the 1 344 NLRB No. 138 (2005). 2 No. 05-2284. Board and a Notice to Show Cause why the motion should not be granted. The Respondent did not file a response. The allegations in the motion and in the com- pliance specification 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 a 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 in 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 hav- ing been advised of the filing requirements, has failed to file an answer to the compliance specification. In the absence 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 Alfred Wal- ters is as stated in the compliance specification and we will order the Respondent to pay that amount to Alfred Walters, plus interest accrued on that amount to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, John Pomaville d/b/a John Pomaville Plumbing, Lansing, Michigan, its officers, agents, suc- cessors, and assigns, shall make whole Alfred Walters by paying him the amount following his name, plus interest as set forth in New Horizons for the Retarded, 283 NLRB 1173 (1987), and minus all tax withholdings re- quired by Federal and State laws: Alfred Walters $12,238.09