Hatcher Press Inc

National Labor Relations Board - Board Decisions

Dec 29, 2010

356 NLRB No. 61 (N.L.R.B. 2010)

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 BOARD2
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