Hatcher Press Inc

356 NLRB No. 61 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. Hatcher Trade Press, Inc. d/b/a Hatcher Press, Inc. and International Brotherhood of Teamsters Local 853. Case 20–CA–34695 December 29, 2010 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN LIEBMAN AND MEMBERS BECKER AND PEARCE The Acting 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 Au- gust 31, 2010, the Board issued a Decision and Order,1 that found that the Respondent, Hatcher Trade Press, Inc. d/b/a Hatcher Press, Inc., violated Section 8(a)(5) and (1) of the Act by, among other things, failing and refusing to bargain with the Union about the effects of its decision to close its San Carlos, California facility. The Board re- quired the Respondent, among other things, to pay all bargaining unit employees no less than 2-weeks’ wages, less any interim earnings, for the period commencing 5 days after the date of the Board’s Order.2 A controversy having arisen over the amount of back- pay due the employees, on September 29, 2010, the Re- gional Director issued a compliance specification and notice of hearing alleging the amount of backpay due under the Board’s Order, and notifying the Respondent that it should file a timely answer 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 letter dated October 20, 2010, the Acting Regional Attorney advised the Respondent that no answer to the compliance specification had been received and that unless an appropriate answer was filed by October 27, 2010, default judgment would be sought. The Respon- dent filed no answer. On November 3, 2010, the Acting General Counsel filed with the Board a Motion for Default Judgment, with exhibits attached. On November 5, 2010, 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 again filed no response. 1 355 NLRB No. 175. 2 The Board required the Respondent to pay backpay to employees in the two bargaining units in a manner similar to that required in Transmarine Navigation Corp., 170 NLRB 389 (1968), as clarified by Melody Toyota, 325 NLRB 846 (1998), for any loss of pay resulting from the Respondent’s unfair labor practices. 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. 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 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 Acting General Counsel’s Motion for Default Judgment. Ac- cordingly, we conclude that the net backpay due the dis- criminatees is as stated in the compliance specification and we will order the Respondent to pay those amounts, plus interest accrued to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, Hatcher Trade Press, Inc. d/b/a Hatcher Press, Inc., San Carlos, California, its officers, agents, successors, and assigns, shall make whole the individuals named in the attached Appendix A, by paying them the amounts following their names, plus interest accrued and paid in the manner prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987), minus tax withhold- ing required by Federal and State laws.3 Summarizing these amounts, the Respondent is obligated to pay the employees backpay totaling $52,100. 3 The Board has declined to apply its new policy, announced in Ken- tucky River Medical Center, 356 NLRB No. 8 (2010), of daily com- pounding of interest on backpay awards, in cases such as this, that were already in the compliance stage on the date that decision issued. Three Rivers Electrical, Inc., 356 NLRB No. 38, slip op. at 1 fn. 2 (2010). DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 Dated, Washington, D.C. December 29, 2010 ______________________________________ Wilma B. Liebman, Chairman ______________________________________ Craig Becker, Member ______________________________________ Mark Gaston Pearce, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX A NAME CLASS RATE HOURS TOTAL OWED Archie Bates Press $30.73 80 $ 2,458.40 David Burge Feed 20.94 80 1,675.20 Stephanie Bustillos JB II 16.88 80 1,350.40 Gallegos Conception JB II 16.88 80 1,350.40 Tavite Eke Press 27.94 80 2,235.20 Giles Heppert Press 30.73 80 2,458.40 Mike McAdams Press 27.94 80 2,235.20 Bert McCluskey Press 23.62 80 1,889.60 Randy Montoya JB I 27.90 80 2,232.00 Thomas Pho Prep 26.05 80 2,084.00 Marcos Pineiro Prep 26.05 80 2,084.00 Danny Robertson Press 27.94 80 2,235.20 Courtney Stancil JB II 16.88 80 1,350.40 Rodney Jackson Press 27.94 80 2,235.20 John Kohn JB I 24.13 80 1,930.40 Jose Laguna Feed 23.03 80 1,842.40 Arun Lal Feed 23.03 80 1,842.40 Mike Lemos JB I 27.00 80 2,160.00 Jeff Lockhart Press 30.73 80 2,458.40 Daniel Martinez Prep 26.05 80 2,084.00 Don Tofft Prep 26.05 80 2,084.00 Ofa Veimau Feed 20.94 80 1,675.20 Scot Walter Feed 23.03 80 1,842.40 Eric Westlund Prep 26.05 80 2,084.00 Brewster Wong Prep 28.66 80 2,292.80 Tsok Wong JB I $24.13 80 1,930.40 $52,100.00