Ace Masonry, Inc.

National Labor Relations Board - Board Decisions

May 17, 1982

261 N.L.R.B. 961 (N.L.R.B. 1982)

ACE MASONRY, INC.
Ace Masonry, Inc. and International Union of
Bricklayers and Allied Craftsmen Local No. 1
of Tucson, Arizona and Southern Arizona Ma-
sonry Association and International Union of
Bricklayers and Allied Craftsmen, Local No. 1,
Tucson, Arizona, Health and Welfare Trust
Fund and Tucson Bricklayers Pension Trust
Fund. Cases 28-CA-5763-1 and 28-CA-5763-
2
May 17, 1982
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN VAN DE WATER AND
MEMBERS FANNING AND JENKINS
On September 22, 1980, the National Labor Re-
lations Board issued a Decision and Order in the
above-entitled proceeding' in which it granted the
General Counsel's Motion for Summary Judgment
and found, inter alia, that the Respondent had vio-
lated Section 8(a)(l) and (5) of the Act by unilater-
ally discontinuing payments to trust funds as re-
quired by the applicable bargaining contract. It or-
dered the Respondent to make the required pay-
ments. The Board's order was enforced by the
United States Court of Appeals for the Ninth Cir-
cuit on June 25, 1981.
On August 31, 1981, the Regional Director for
Region 28 issued and duly served on the parties a
backpay specification and notice of hearing alleg-
ing the amounts of payments due the funds. The
backpay specification also informed the Respond-
ent of its obligation to file an answer pursuant to
Section 102.54 of the Board's Rules and Regula-
tions, Series 8, as amended, and the consequences
of failure to file.
The Respondent did not file an answer and was
informed by the Regional Office by letter dated
September 25, 1981, that, if it did not file one
forthwith, a motion for summary judgment would
be recommended.
On October 20, 1981, the General Counsel filed
Motions for Summary Judgment and Issuance of
Board Supplemental Decision and Order. The
Board then issued an order transferring the pro-
ceeding to the Board and a Notice To Show Cause
why the General Counsel's motions should not be
granted. The Respondent made 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 Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
' 252 NLRB 287.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Section 102.54 of the Board's Rules and Regula-
tions, Series 8, as amended, provides in pertinent
part, as follows:
(a) Filing and service of answer to specifica-
tion.-The respondent shall, within 15 days
from the service of the specification, if any,
file an answer thereto; an original and four
copies shall be filed with the regional director
issuing the specification, and a copy thereof
shall immediately be served on any other re-
spondent jointly liable.
(c) Effect of failure to answer or to plead spe-
cifically and in detail to the specification.-If the
respondent fails to file any answer to the speci-
fication within the time prescribed by this sec-
tion, the Board may, either with or without
taking evidence in support of the allegations of
the specification and without notice to the re-
spondent, find the specification to be true and
enter such order as may be appropriate. If the
respondent files an answer to the specification
but fails to deny any allegation of the specifi-
cation in the manner required by subsection
(b) of this section, and the failure so to deny is
not adequately explained, such allegation shall
be deemed to be admitted to be true, and may
be so found by the Board without the taking
of evidence supporting such allegation, and the
respondent shall be precluded from introduc-
ing any evidence controverting said allegation.
The backpay specification and the letter of Sep-
tember 25, 1981, informed the Respondent of the
provisions of Section 102.54, yet the Respondent
filed no answer. Therefore, pursuant to Section
102.54 the allegations of the specification are
deemed to be admitted to be true and are so found
by the Board without taking evidence in support of
the allegations.
Accordingly, on the basis of the allegations of
the backpay specification herein found to be true,
the Board finds the facts as set forth therein and
concludes that the amounts due to the funds are as
stated in the computations of the specification, and
orders the payments thereof by the Respondent to
the funds.
261 NLRB No. 131
961
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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,
Ace Masonry, Inc., Tucson, Arizona, its officers,
agents, successors, and assigns, shall pay to the
joint board of trustees designated to administer the
Health and Welfare, Pension and Apprenticeship
Training Funds and to the trust fund designated to
administer the Southern Arizona Masonry Associ-
ation Industry Program, the amounts set forth in
Appendix A of the backpay specification, attached
hereto, for the period from November 15, 1979,
through June 31, 1981, inclusive, plus amounts for
the period after June 30, 1981, computed in accord-
ance with paragraph 6 of the backpay specifica-
tion. 2
2 'ar 6 rcads
Fhce obligalion of the Respondent tI make whole employees under
the Btard order and court judgment will he discharged in part hb
paymenl to the funds of the amounts set firth in Appendix A. and
thereafter the Respondent shall he obhlgated to remit to the funds
the collective sum of $2 19 for each unit employee hour sworked
on behalf of each coiered employee employed after June 3It) 181
962