Reliable Carpet Co.

National Labor Relations Board - Board Decisions

Jan 30, 1975

216 N.L.R.B. 359 (N.L.R.B. 1975)

RELIABLE CARPET CQMPANY
Francis Kositz d/b/a Reliable Carpet Company and
Warren Heikkila . Case 7-CA-10280
January 30, 1975
SUPPLEMENTAL DECISION AND
ORDER
BY ACTING CHAIRMAN FANNING AND
MEMBERS KENNEDY AND PENELLO
On November 26, 1973, the National Labor
Relations Board issued a Decision and Order in the
above-entitled proceeding,' in which it granted the
General Counsel's Motion for Summary Judgment
and ordered , inter alia, that the Respondent make
whole discriminatee Warren Heikkila for any loss of
pay he may have suffered as a result of Respondent's
discrimination against him . On June 28, 1974, the
United States Court of Appeals for the Sixth Circuit
entered its judgment enforcing in full the Board
Order. A controversy having arisen over the amount
of backpay due under the terms of the Board Order,
as enforced by the court, the Regional Director for
Region 7, on September 9, 1974, issued and duly
served on the Respondent a backpay specification
and notice of hearing setting forth certain allegations
with respect to the amount of backpay due said
discriminatee and notifying Respondent that it shall
file an answer in accordance with Section 102.54 of
the Board's Rules and Regulations . The Respondent
failed to file an answer to the specification.
On October 18, 1974, counsel for the General
Counsel filed directly with the Board in Washington,
D.C., Motions for Transfer and Continuance of Case
Before the Board and for Summary Judgment. On
October 29, 1974, the Board issued an Order
Transferring Proceeding to the Board and Notice To
Show Cause why the General Counsel's Motion for
Summary Judgment should not be granted. Re-
spondent failed to 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:
Ruling on Motion for Summary Judgment
Section 102.54 of the Board's Rules and Regula-
tions provides , in pertinent part, as follows:
' 207 NLRB 544.
359
(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... .
The backpay specification which was issued on
September 9, 1974, and served on Respondent on
September 10, 1974, specifically stated that the
Respondent shall, within 15 days from the date of the
specification, file an answer to the specification with
the Regional Director for Region 7, and that if the
answer fails to deny allegations of the specification in
the manner required under the Board's Rules and
Regulations , and failure to do so is not adequately
explained, such allegations shall be deemed to be
admitted true and the Respondent shall be precluded
from introducing any evidence controverting them.
According to the General Counsel's Motion for
Summary Judgment and an attached letter, dated
October 11, 1974, which was duly served on the
Respondent, the Regional Director advised the
Respondent of the date of issuance of the backpay
specification; that an answer had not been filed; that
unless the Respondent filed an answer by October
16, 1974, a Motion for Summary Judgment would be
filed; and that the Board could issue an order
consistent with the terms of the backpay specifica-
tion. According to the Regional Director's affidavits
also attached to the Motion for Summary Judgment,
the Respondent had not filed an answer as of
October 18, 1974. As no response has been filed to
the Notice To Show Cause, the allegations of the
General Counsel's Motion for Summary Judgment
stand uncontroverted. Accordingly, the Board finds
that the allegations of the specification are deemed to
be admitted as true and are so found by the Board.
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 that the
net backpay due the discriminatee is as stated in the
computations of the specification, and orders the
payment thereof by the Respondent to and on behalf
of the discriminatee.
216 NLRB No. 61
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Francis Kositz d/b/a Reliable Carpet Company,
Wyandotte , Michigan , its agents , successors, and
assigns , shall make whole the discriminatee named
below by paying him the amount set forth adjacent
to his name , and by payment into the Detroit
Resilient Floor Decorators Local Union No. 2265,
United Brotherhood of Carpenters and Joiners of
America, AFL-CIO , vacation fund, pension fund,
and insurance fund the amounts set forth adjacent to
their names, plus interest on all aforementioned
amounts accrued at the rate of 6 percent per annum
to be computed in the manner set forth in Isis
Plumbing & Heating Co., 138 NLRB 716 (1962), until
payment of all backpay due, less the tax withholdings
required by Federal and state laws:
Warren Heikkila $3,197.16
Detroit Resilient Floor
Decorators
Local 2265
Insurance Fund 219.12
Vacation Fund $255.77
Pension Fund $191.83