IPC Inc.

IPC, INC. IPC, Inc. and Frederick B. Gehrer. Case 3-CA- 7299 September 30, 1980 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MLMIELRS JENKINS AN) PI'INEI.I.O On September 29, 1978, the National Labor Re- lations Board issued its Decision and Order' in the above-entitled proceeding in which it ordered the Respondent, inter alia, to make whole Frederick B. Gehrer, Bruce Gray, Richard Luccro, and Larry Rethvisch for any loss of pay resulting from their unlawful termination. On November 8, 1979, the United States Court of Appeals for the Ninth Cir- cuit2 entered its judgment enforcing the Board's Order. A controversy having arisen over the amount of backpay owed the discriminatees. the Regional Director for Region 31 duly issued and served on the parties a backpay specification and notice of hearing, which sets forth the amounts of backpay allegedly due the discriminatees. The Re- spondent has failed to answer the backpay specifi- cation and its allegations, therefore, stand uncon- troverted. On July 31, 1980, counsel for the General Coun- sel filed with the Board a Motion To Transfer Case to and Continued Proceedings Before the Board and for Summary Judgment. Subsequently, on August 7, 1980, the Board issued an order transfer- ring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted.3 The Respondent has not filed a response to the Notice To Show Cause. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment Section 102.54 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, provides in relevant part with respect to a backpay specification: Effect of failure to answer to plead specifically and in detail to the specification.-If the re- spondent fails to file any answer to the specifi- ' 238 NLRB 1221 2 N.L.RR v IPC, Inc.. 6)8 F 2d 1374 ' The Board alo ordered he hearing to he po'slpond indefinitely cation within the time prescribed by this sec- tion, the Board may, either with or without taking evidence in support of the allegations of the specification and without notice to the re- spondent, find the specification to be true and enter such order as may be appropriate. The backpay specification duly served on the Respondent stated that the Respondent should file with the Regional Director an answer to said speci- fication within 15 days from being served with the specification. The Respondent did not file an answer to the backpay specification; nor did it file a response to the Notice To Show Cause. No good cause to the contrary having been shown, in ac- cordance with the rule set forth above, the Board deems the Respondent to have admitted all allega- tions of the backpay specification to be true and that there are no matters in issue requiring a hear- ing. Accordingly, we hereby grant the General Counsel's Motion for Summary Judgment, and shall issue an appropriate order. On the basis of the backpay specification and the entire record in this case, the Board makes the fol- lowing findings of fact: We find that Frederick B. Gehrer, Bruce Gray, Richard Lucero, and Larry Rethvisch are entitled to be made whole under the Board's Order and he court's decree by payment to them of the amounts as summarized and calculated in the General Coun- sel's backpay specification; namely, by payments of $2,460.42 to Frederick B. Gehrer; $2,254.24 to Bruce Gray; $2,787.20 to Richard Lucero; and $1,965.80 to Larry Rethvisch, plus interest accrued to the date of payment, minus the tax withholdings required by Federal and state laws. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the Respondent, IPC, Inc., Torrance California, its officers, agents, successors, and assigns, shall pay to the following named employees the amounts set forth opposite their names, with interest thereon to be computed in the manner prescribed by Florida Steel Corpora- tion, 231 NLRB 651 (1977),4 less FICA and state, local, and Federal income taxes which are to be deducted. Frederick B. Gehrer Bruce Gray Richard Lucero Larry Rethvisch $2,460.42 2,254.24 2,787.20 1,965.80 4 Sec. gener;ally Imis Plumrning & IHlating (I, 138 NLRB 716 (19h2) 252 NLRB No. 80 623