Open Door Retail Group, Inc.

358 NLRB No. 123 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. Open Door Retail Group, Inc. and Vanda Jordan. Case 16–CA–028083 September 10, 2012 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS GRIFFIN AND BLOCK 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 February 23, 2012, the National Labor Relations Board issued a Decision and Order,1 that, among other things, ordered the Respondent to make whole discrimi- natee Vanda Jordan for any loss of earnings and other benefits resulting from her unlawful termination in viola- tion of Section 8(a)(1) of the Act. A controversy having arisen over the amount of back- pay due the discriminatee, on May 31, 2012, the Re- gional Director issued a compliance specification and notice of hearing alleging the amount due under the Board’s Order and notifying the Respondent that it must 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 June 22, 2012, the Region advised the Respondent that no answer to the compliance specifica- tion had been received and that unless an appropriate answer was filed by June 29, 2012, default judgment would be sought. To date, the Respondent has not filed an answer. On July 10, 2012, the Acting General Counsel filed with the Board a motion for default judgment, with ex- hibits attached. On July 13, 2012, the Board issued an order transferring the proceeding to the Board and a No- tice to Show Cause why the motion should not be granted. On August 16, 2012, the Board issued a Re- vised Notice to Show Cause, noting that the original no- tice was not served on the Respondent at all of its known addresses. 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. 1 358 NLRB No. 9. 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 due Vanda Jordan is as stated in the compliance specifica- tion, and we will order the Respondent to pay those amounts to Vanda Jordan, plus interest to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, Open Door Retail Group, Inc., Kemah, Texas, its officers, agents, successors, and assigns, shall make whole Vanda Jordan, by paying her in the amount of $14,431, plus additional net backpay which accrues to the date the Respondent makes her a valid offer of rein- statement, 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), and minus tax withholdings required by Federal and State laws. Total Backpay Due $14,431 Dated, Washington, D.C. September 10, 2012 Mark Gaston Pearce, Chairman Richard F. Griffin, Jr., Member Sharon Block Member 2 (SEAL) NATIONAL LABOR RELATIONS BOARD