Sameh H. Aknouk Dental Services, P.C.

372 NLRB No. 56 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. Sameh H. Aknouk Dental Services, P.C. and Local 553, International Brotherhood of Teamsters. Case 02–CA–263564 February 10, 2023 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS KAPLAN, WILCOX, AND PROUTY The General Counsel seeks a default judgment in this case on the ground that Sameh H. Aknouk Dental Ser- vices, P.C. (the Respondent) has failed to file an answer to the compliance specification. On February 2, 2021, the Board issued a Decision and Order1 finding that the Respondent violated Section 8(a)(5), (3), and (1) of the Act and directing the Respond- ent to, among other things, rescind its unlawful unilateral changes to the terms and conditions of employment of unit employees; make whole unit employees for any loss of earnings and other benefits suffered as a result of its uni- lateral reduction in employees’ hours of work; and make all contributions to the unit employees’ health insurance plan that had not been made since May 18, 2020, and make them whole for any expenses ensuing from its failure to make such contributions, including additional amounts due the plan on behalf of unit employees, with interest. On April 12, 2021, the Board denied the Respondent’s Motion for Reconsideration of the Board’s Decision and Order. Thereafter, on July 19, 2021, the United States Court of Appeals for the Second Circuit entered a judg- ment enforcing in full the Board’s Order. A controversy having arisen over the amount of back- pay due the discriminatees under the terms of the Board’s Order, on October 31, 2022, the Regional Director 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 November 21, 2022, in compliance with the Board’s Rules and Regulations. On November 9, 2022, the Regional Director issued an Order Granting an Exten- sion of Time to File an Answer to the compliance specifi- cation to November 28, 2022. On November 29, 2022, having received no answer to the compliance specification, the Regional Director issued a letter warning that if the Respondent failed to file an an- swer to the compliance specification, all of the allegations therein shall be deemed admitted and may be so found by the Board. The Regional Director further warned the 1 370 NLRB No. 78 (2021). Respondent that if its answer was not received by the close of business December 6, 2022, a motion for default judg- ment would be filed. To date, the Respondent has not filed an answer. On December 7, 2022, the General Counsel filed with the Board a Motion for Default Judgment, with attached exhibits. On December 12, 2022, 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 did not file a 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. Ruling on Motion for Default Judgment Section 102.56(a) of the Board’s Rules and Regulations provides that a respondent shall file an answer within 21 days from service of a compliance specification. Section 102.56(c) provides that if the respondent fails to file any 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 respondent, find the spec- ification to be true and enter such order as may be appro- priate. 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 absence of good cause for the Respondent’s failure to file an an- swer, we deem the allegations in the compliance specifi- cation to be admitted as true and grant the General Coun- sel’s Motion for Default Judgment. Accordingly, we con- clude that the amounts due the discriminatees is as stated in the compliance specification and we will order the Re- spondent to pay those amounts to the discriminatees, plus interest accrued to the date of payment. ORDER The National Labor Relations Board orders that the Re- spondent Sameh H. Aknouk Dental Services, P.C., Bronx and New York, New York, its officers, agents, successors, and assigns, shall make whole Danisha Roman, Veronica Centeno, Yhohanna Fernandez, Dilenia Hernandez, Ame- lia Estrada, and Patricia Reyes by paying them the amounts set forth in the compliance specification, with at- tached exhibits, with interest accrued to the date of pay- ment, as prescribed in New Horizons, 282 NLRB 1173, (1987), compounded daily as set forth in Kentucky River Medical Center, 356 NLRB 6 (2010), minus tax DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 withholdings required by Federal and State laws. Addi- tionally, the Respondent shall compensate Danisha Ro- man, Veronica Centeno, Yhohanna Fernandez, Dilenia Hernandez, Amelia Estrada, and Patricia Reyes for the ad- verse tax consequences, if any, of receiving a lump-sum backpay award, and file with the Regional Director for Re- gion 2 a report allocating the backpay award to the appro- priate calendar years for each discriminatee, as set forth in the Board’s Order and described in the compliance speci- fication. The summary of the amounts due are as follows: Backpay $118, 505 Expenses 1,196 Excess Tax Liability 1,600 Fund Contributions $110,848 __________________________________ Total $232,149 Dated, Washington, D.C. February 10. 2023 ______________________________________ Marvin E. Kaplan, Member ______________________________________ Gwynne A. Wilcox, Member ______________________________________ David M. Prouty, Member (SEAL) NATIONAL LABOR RELATIONS BOARD