Pickle Bill's Inc.

National Labor Relations Board - Board Decisions

Sep 29, 1977

232 N.L.R.B. 630 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pickle Bill's, Inc. and Hotel, Motel, Restaurant
Employees and Bartenders Union Local No. 10,
AFL-CIO. Case 8-CA-9453
September 29, 1977
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
On June 7, 1976, the National Labor Relations
Board, in the absence of exceptions, issued an Order
in the above-captioned proceeding in which it
directed, inter alia, the Respondent to make whole
Linda Clingan and Irene Minko for their losses
resulting from the Respondent's unfair labor prac-
tices in violation of Section 8(a)(1) and (4) of the Act.
On December 23, 1976, the United States Court of
Appeals for the Sixth Circuit entered its judgment
enforcing in full the Board's Order. A controversy
having arisen over the amount of backpay due under
the terms of the Board's Order as enforced by the
court, the Regional Director for Region 8 on April
27, 1977, issued and duly served on the Respondent
by registered mail a backpay specification and notice
of hearing setting forth the amount due the discrimi-
natees under the Board's Order and notifying the
Respondent that it must file a timely answer
pursuant to the Board's Rules and Regulations,
Series 8, as amended. The Respondent failed to file
an answer. On June 30, 1977, counsel for the General
Counsel filed with the Board in Washington, D.C., a
Motion for Summary Judgment based on Respon-
dent's failure to file an answer in compliance with
Section 102.54 of the Board's Rules and Regulations.
The Board, on July 21, 1977, issued an order
transferring this proceeding to the Board and a
Notice To Show Cause why the General Counsel's
Motion for Summary Judgment should not be
granted. Respondent did not file 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
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following:
1 224 NLRB 413 (1976), Chairman Fanning concurring in part and
dissenting in part.
Ruling on the Motion for Summary 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 support 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.
Numerous, though unsuccessful, attempts were
made to contact the Respondent. Since the Respon-
dent has not filed an answer to the specification nor
offered any explanation for failing to do so, in
accordance with the rules set forth above, the
allegations of the specification are deemed to be
admitted as true and are so found by the Board.
Accordingly, the Board finds on the basis of the
allegations of the backpay specification, which are
accepted as true, the facts as set forth therein, and
concludes that the net backpay due the discrimina-
tees, Linda Clingan and Irene Minko, is as stated in
the computation of the specification, and hereinafter
orders that payment be made by the Respondent to
each and every discriminatee named below.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Pickle Bill's, Inc., Cleveland, Ohio, its officers,
agents, successors, assigns, trustees in bankruptcy,
court appointed receivers, and any other like official,
shall make whole each of the discriminatees named
below by payment to each of them the amount set
forth adjacent to their names, plus interest accrued at
the rate to be computed in the manner set forth in F.
W. Woolworth Company, 90 NLRB 289 (1950), Isis
Plumbing & Heating Co., 138 NLRB 716 (1962), until
payment of all backpay due, less tax withholdings
required by Federal and state Law:
Linda Clingan
Irene Minko
$4,317.85
2,691.04
232 NLRB No. 104
630