Linko Plumbing & Heating, Inc.

National Labor Relations Board - Board Decisions

Aug 22, 2001

335 N.L.R.B. 5 (N.L.R.B. 2001)

1
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.
Linko Plumbing and Heating, Inc. and Michael J.
Castanaro. Case 4–CA–24652
August 22, 2001
DECISION AND ORDER
BY MEMBERS LIEBMAN, TRUESDALE, AND WALSH
On January 8, 1997, the National Labor Relations
Board issued an unpublished Order, inter alia, directing
George Linko, Inc., whose correct name is Linko Plumb­
ing and Heating, Inc., the Respondent,1 to make Michael
J. Castanaro whole for the loss of earnings and other
benefits resulting from his unlawful discharge in viola ­
tion of the National Labor Relations Act. On June 10,
1997, the United States Court of Appeals for the Third
Circuit entered its judgment enforcing in full the Board’s
Order.2
A controversy having arisen over the amount of back-
pay due Michael J. Castanaro, on May 24, 2001, the Re­
gional Director for Region 4 issued a compliance specifi­
cation and notice of hearing, which was subsequently
amended on June 7, 2001, alleging the amount 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 and the amended
compliance specification, the Respondent failed to file an
answer.
By letter dated June 29, 2001, counsel for the Ge neral
Counsel advised the Respondent that no answer to the
compliance specification and the amended compliance
specification had been received and that unless an appro­
priate answer was filed by July 6, 2001, summary judg­
ment would be sought. The Respondent filed no answer.
On July 10, 2001, the General Counsel filed with the
Board a Motion for Summary Judgment, with exhibits
attached. On July 11, 2001, the Board issued 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. The allegations in
the motion and in the amended compliance specification
are therefore undisputed.
1 Although the underlying case referred to the Respondent as
“George Linko, Inc.,” the General Counsel indicates in the compliance
specification, the amended compliance specification, and the Motion
for Summary Judgment that the correct name of the Respondent is
“Linko Plumbing and Heating, Inc.”
2 No. 97-3263.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on the Motion for Summary Judgment
Section 102.56(a) of the Board’s Rules and Regula­
tions provides that the Respondent shall file an answer
within 21 days from service of a compliance specifica­
tion. Section 102.56(c) of the Board’s Rules and Regula­
tions states:
If the respondent fails to file any answer to the specifi­
cation 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 with-
out further notice to the respondent, find the specifica­
tion to be true and enter such order as may be appropri­
ate.
According to the uncontroverted allegations of the Mo­
tion for Summary Judgment, the Respondent, despite
having been advised of the filing requirements, has failed
to file an answer to the amended compliance specifica­
tion. In the absence of good cause for the Respondent’s
failure to file an answer, we deem the allegations in the
amended compliance specification to be admitted as true,
and grant the General Counsel’s Motion for Summary
Judgment. Accordingly, we conclude that the net back-
pay due the discriminatee is as stated in the amended
compliance specification, and we will order payment by
the Respondent of the amount to Michael J. Castanaro,
plus interest accrued on that amount to the date of pay­
ment.
ORDER
The National Labor Relations Board orders that the
Respondent, Linko Plumbing and Heating, Inc., Scran­
ton, Pennsylvania, its officers, agents, successors, and
assigns, shall make whole Michael J. Castanaro, by pay­
ing him the amount set forth below, plus interest on the
backpay as prescribed in New Horizons for the Retarded ,
283 NLRB 1173 (1987), minus tax withholdings required
by Federal and State laws:
Michael J. Castanaro $51,933.29
Dated, Washington, D.C. August 22, 2001
Wilma B. Liebman, Member
John C. Truesdale, Member
Dennis P. Walsh, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
335 NLRB No. 5