Fieldson Ambulance & Medical Systems

National Labor Relations Board - Board Decisions

Apr 22, 1980

248 N.L.R.B. 1327 (N.L.R.B. 1980)

FIELDSON AMBULANCE & MEDICAL SYSTEMS 1327
Fieldston Ambulance & Medical Systems, LTD.;
Kann-American Inc.; And Sylvia Kann And
Lanning L. Kann, Sr. and Joseph Franqui and
Edward Mitchell and Local 531, International
Brotherhood Of Teamsters, Chauffeurs, Ware-
housemen And Helpers Of America, Party in
Interest. Case 2-CA-15349 and 2-CA-15350
April 22, 1980
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND TRUESDALE
On May 14, 1979, the National Labor Relations
Board issued its Decision and Order adopting the
findings and conclusions of the Administrative Law
Judge's Decision of February 14, 1979, directing
the Respondent, Fieldston Ambulance & Medical
Systems, Ltd., its officers, agents, successors, and
assigns, to, inter alia, offer reinstatement to and to
make whole employees Joseph Franqui and
Edward Mitchell for any loss of pay suffered by
reason of the Respondent's discrimination against
them.' On September 20, 1979, the United States
Court of Appeals for the Second Circuit entered a
judgment, enforcing in full, inter alia, the reinstate-
ment and backpay provisions of the Board's
Order. 2
A controversy having arisen over the failure of
Fieldston to offer reinstatement to the discrimina-
tees and over the amounts of backpay due the dis-
criminatees, on October 31, 1979, the Regional Di-
rector for Region 2 issued and duly served on the
Respondent a backpay specification and notice of
hearing alleging the backpay period and the
amounts of backpay due. The specification further
alleged that, beginning on or about April 20, 1979,
Fieldston's sole stockholder and corporate officer,
Lanning L. Kann, Sr., had dissolved Fieldston and
transferred its business and a substantial number of
its employees to another company, Kann-Ameri-
can, Inc., of which he is the president, and his
mother, Sylvia Kann, is the sole stockholder. Ac-
cordingly, the backpay specification alleged that
Lanning L. Kann, Sr., Sylvia Kann, and Kann-
American, Inc., collectively called additional Re-
spondents, are alter egos and successors of Field-
ston and are therefore jointly and severally liable
for Fieldston's obligation to reinstate and make
whole the discriminatees for Fieldston's unfair
labor practices. The Respondents did not file an
answer.
242 NLRB No. 34.
2 NL.R.B. v Fieldston Ambulance & Medical Systems. Ltd., Docket
No. 79-4161, enfg 242 NLRB No 34 (1979).
248 NLRB No. 170
On January 7, 1980, counsel for the General
Counsel filed directly with the Board in Washing-
ton, D.C., a Motion for Summary Jugment based
upon the Respondents' failure to file an answer to
the backpay specification as required by Section
102.54(a) of the National Labor Relations Board
Rules and Regulations and Statements of Proce-
dure, Series 8, as amended. The Board, on January
16, 1980, issued an order transferring the proceed-
ing to the Board and a Notice To Show Cause
why the General Counsel's motion should not be
granted. The date for receipt of a response to the
Notice To Show Cause was thereafter extended to
February 28, 1980. Respondents have not filed a
response.
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 Sumary Judgment
Section 102.54 of the Board's Rules and Regula-
tions provides, in pertinent part, as follows:
(a) . . . The respondent shall, within 15 days
from the service of the specification, if any,
file an answer thereto ....
(c) . . . 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 sup-
port of the allegations of the specification and
without notice to the respondent, find the
specification to be true and enter such order as
may be appropriate ....
The Respondents have failed to file any answer
to the backpay specification and have made no re-
sponse to the Board's Notice To Show Cause.
Therefore, the motion to find the backpay specifi-
cation true is granted, and the obligations of the
backpay specification are deemed to be admitted
pursuant to Section 102.54(c) of the Board's Rules
and Regulations.
Accordingly, we find that the allegations of the
specification are deemed to be admitted as true,
and that the net amount of backpay due the two
discriminatees is as stated in the computation of the
specification. We hereby order payment thereof.
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,
Fieldston Ambulance & Medical Systems, Ltd., and
additional Respondents Kann-American, Inc.,
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sylvia Kann, and Lanning L. Kann, Sr., New
York, New York, their officers, agents, successors,
and assigns, shall make whole each of the discri-
minatees named below in part by paying them the
amounts set forth adjacent to their names, plus in-
terest to be computed in the manner specified in
Florida Steel Corporation, 231 NLRB 651 (1977),
until payment of all such backpay due, less tax
withholdings required by Federal and state laws;
and offer to reinstate them to their former jobs or,
if their jobs no longer exist, to substantially equiv-
alent positions.
Joseph Franqui
Edward Mitchell
$15,086
$13,234
Further, because Fieldston has not yet offered to
reinstate the discriminatees, determination of addi-
tional backpay due and owed to them subsequent
to September 30, 1979, is specifically reserved.