BaySys Technologies LLC

358 NLRB No. 14 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. BaySys Technologies, LLC and Dontray L. Tull. Case 05–CA–036314 February 29, 2012 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS HAYES AND GRIFFIN The Acting 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 August 2, 2011, the Board issued a Decision and Order1 that, among other things, ordered the Respondent, BaySys Technologies, LLC, to make whole Dontray L. Tull for any loss of earnings and other benefits, that he may have suffered as a result of his unlawful discharge in violation of Section 8(a)(1) of the Act. On December 1, 2011, the United States Court of Appeals for the Fourth Circuit entered judgment enforcing in full the Board’s Order. On December 9, 2011, the Fourth Circuit entered a corrected judgment also enforcing in full the Board’s Order.2 A controversy having arisen over the amount of back- pay and 401(k) matching contributions due Dontray L. Tull, on December 9, 2011, the Regional Director issued a compliance specification and notice of hearing alleging the amount due under the Board’s Order, and notifying the Respondent that it should file a timely answer 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 January 3, 2012, the Region advised the Respondent that no answer to the compliance specifica- tion had been received and that unless an answer was filed by January 10, 2012, a motion for default judgment would be filed. To date, the Respondent has not filed an answer. On January 11, 2012, the Acting General Counsel filed with the Board a Motion for Default Judgment, with ex- hibits attached. On the same date, the Board issued an order transferring the proceeding to the Board and a No- tice to Show Cause why the motion should not be 1 357 NLRB No. 28. 2 No. 11-2071. The compliance specification mistakenly states that the United States Court of Appeals for the District of Columbia, rather than the Fourth Circuit, enforced the Board’s Order. In addition, the compliance specification, dated the same day as the Fourth Circuit’s corrected judgment, does not mention the corrected judgment. We correct these errors. granted. The Respondent again filed no response. The 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 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 we grant the Acting General Counsel’s Motion for Default Judgment. Accordingly, we conclude that the net backpay and 401(k) matching contributions due Dontray L. Tull are as stated in the compliance specification, and we will order the Respondent to pay those amounts, plus additional backpay that may accrue in the absence of a valid offer of reinstatement, plus interest accrued to the date of pay- ment, and plus the Respondent’s share of FICA contribu- tions. ORDER The National Labor Relations Board orders that the Respondent, BaySys Technologies, LLC, Accomac, Vir- ginia, its officers, agents, successors, and assigns, shall make whole Dontray L. Tull by paying $49,320 in back- pay and $2466 in 401(k) matching contributions, plus additional backpay that may accrue in the absence of a valid offer of reinstatement, plus interest accrued to the date of payment, as prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987), compounded daily as prescribed in Kentucky River Medical Center, 356 NLRB No. 8 (2010), enf. denied on other grounds sub nom. Jackson Hospital Corp. v. NLRB, 647 F.3d 1137 (D.C. Cir. 2011), plus the Respondent’s share of FICA contri- butions, and minus tax withholdings required by Federal and State laws. Total Amount Due: $51,786 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 Dated, Washington, D.C. February 29, 2012 ______________________________________ Mark Gaston Pearce, Chairman ______________________________________ Brian E. Hayes, Member ______________________________________ Richard F. Griffin, Jr., Member (SEAL) NATIONAL LABOR RELATIONS BOARD