Artcraft Upholstering Co., Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1977

228 N.L.R.B. 462 (N.L.R.B. 1977)

462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Artcraft Upholstering Company , Inc. and its General
Manager, William Cohen and United Furniture
Workers of America, AFL-CIO, and General
Drivers Union, Local 332, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, Party in Interest . Case 7-
CA-6969
February 28, 1977
SUPPLEMENTAL DECISION AND
ORDER
By CHAIRMAN MURPHY AND MEMBERS
FANNING AND PENELLO
On May 14, 1969, the National Labor Relations
Board issued its Order in the above-entitled proceed-
ing' in which it ordered, inter alia, that Respondent
make whole certain of its employees for any loss of
pay they have suffered as a result of Respondent's
unlawful conduct. Thereafter, on January 28, 1970,
the United States Court of Appeals for the Sixth
Circuit entered its judgment enforcing in full the
Board's Order.2 A controversy having arisen over the
amount of backpay due under the terms of the
Board's Order, as enforced by the Court, the Region-
al Director for Region 7, on August 5, 1976,3 issued
and duly served on the parties a backpay specifica-
tion and notice of hearing alleging the amounts of
backpay due the employees under the Board's Order
and notifying Respondent that it shall file a timely
answer which must comply with the National Labor
Relations Board's Rules and Regulations, Series 8, as
amended. Thereafter, on September 16, Respondent4
filed an answer to the specification in which it made a
general denial of various allegations in the specifica-
tion. In essence the answer stated (1) that Respondent
Cohen "neither admits nor denies the allegations
made by the Board but leaves said Board to its
proofs" and (2) that "this matter is barred by the
Statute of Limitations and Laches."
On October 1, counsel for the General Counsel
filed directly with the Board a Motion for Summary
Judgment. Subsequently, on October 14, the Board
issued an order transferring the proceeding to the
Board and a Notice To Show Cause why the General
Counsel's Motion for Summary Judgment should not
be granted. To date there has been no response to the
Notice To Show Cause.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
i The Board's Order was entered pro forma in the absence of exceptions to
the Administrative Law Judge's Decision and therefore was not published in
Board volumes
2 Enforced sub nom N LR B v. William Cohen in an unpublished
decision.
228 NLRB No. 48
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record, the Board makes the
following:
Ruling on the Motion for Summary Judgment
Section 102.54(b) of the Board's Rules and Regula-
tions, provides, in pertinent part, as follows:
The respondent shall specifically admit, deny, or
explain each and every allegation of the specifica-
tion, unless the respondent is without knowledge,
in which case the respondent shall so state ... .
As to all matters within the knowledge of the
respondent, including but not limited to the
various factors entering into the computation of
gross backpay, a general denial shall not suffice.
As to such matters, if the respondent disputes
either the accuracy of the figures in the specifica-
tion or the premises on which they are based, he
shall specifically state the basis for his disagree-
ment, setting forth in detail his position as to the
applicable premises and furnishing the appropri-
ate supporting figures.
Respondent Cohen's answer to the backpay specifi-
cation clearly does not conform to the above require-
ments. The answer fails to admit or deny the
allegations of the specification and further fails to
allege lack of knowledge in conformity with the
provisions of Section 102.54(b). In addition, Respon-
dent Cohen failed to respond to requests by the
General Counsel for further clarification of his
answer.
We also find Respondent Cohen's further conten-
tions that the matter is barred by the statute of
limitation and laches without merit. Clearly, the
limitation contained in Section 10(b) of the Act has
no application to this backpay proceeding. Further, it
is well settled that a defense of laches does not lie
against an agency of the United States Government.5
As Respondent's answer to the backpay specifica-
tion does not comply with the requirements of
Section 102.54 of the Board's Rules and Regulations
and a defense of laches and the statute of limitations
is without merit, the allegations of the backpay
specification are deemed to be admitted as true and
the Board finds them correct.
Accordingly, on the basis of the allegations of the
specification which are accepted as true, the Board
finds the facts as set forth therein, concludes the
3 All dates hereinafter are 1976 unless otherwise indicated.
4 Only Respondent William Cohen filed an answer to the specification.
5 N L.R.B v. J. H Rutter-Rex Manufacturing Company, Inc., 396 U.S. 258
(1969); W. C Nabors Co., 134 NLRB 1078 (1961), modified 323 F 2d 686
(C.A 5, 1963), cert. denied 376 U S. 911.
ARTCRAFT UPHOLSTERING COMPANY 463
backpay due Helen Allen, Lorean Ireland (nee
Allen), Linda Johnson, Mattie Mister, Lora Jean
Thomas, and Bunnie Wright is as stated in the
computations of the specification, and orders that
payment thereof be made by the Respondent to each
named employee.
payment to them of the amount set forth opposite
their names, plus interest accrued at the rate of 6
percent per annum to be computed in the manner
specified in Isis Plumbing & Heating Co., 138 NLRB
716 (1962), until payment of all backpay due, less 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
Relations Board hereby orders that the Respondent,
Artcraft Upholstering Company, Inc., and its Gener
al Manager, William Cohen , Flint, Michigan, their
officers , agents , successors , and assigns , shall make
whole each of the employees named below, by
Helen Allen
Lorean Ireland (nee
$908.80
Allen) $908.80
Linda Johnson $908.80
Mattie Mister $979.20
Lora Jean Thomas $921.60
Bunnie Wright $921.60