Air Tech Services, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1998

327 N.L.R.B. 54 (N.L.R.B. 1998)

327 NLRB No. 54
1
NOTICE: This opinion is subject to formal revision before publication in the
Board volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Air Tech Services, Inc. and Local No. 9, Plumbers
and Pipefitters Association. Case 22–CA–21544
November 30, 1998
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FOX, HURTGEN, AND BRAME
On March 26, 1997, the National Labor Relations
Board issued a Decision and Order,1 inter alia, ordering
Air Tech Services, Inc., to take certain affirmative action
including making employee Cortland Leeming, Jr.,
whole for his loss of earnings and other benefits resulting
from his unlawful discharge in violation of the National
Labor Relations Act. On June 10, 1997, the Board de-
nied reconsideration of that Order.2 On December 2,
1997, the United States Court of Appeals for the Third
Circuit enforced the Board’s Order.
A controversy having arisen over the amount of back-
pay due that discriminatee, on July 31, 1998, the Re-
gional Director for Region 22 issued a compliance speci-
fication and notice of hearing alleging the amount due
under the Board’s Order, and notifying the Respondent
that it should file a timely answer in compliance with the
Board’s Rules and Regulations. Although properly
served with a copy of the compliance specification, the
Respondent failed to file an answer.
By letter dated September 2, 1998, the Region advised
the Respondent, that no answer to the compliance speci-
fication had been received and that unless an appropriate
answer was filed by September 9, 1998, summary judg-
ment would be sought. The Respondent filed no answer.
On November 9, 1998, the General Counsel filed with
the Board a motion for summary judgment, with exhibits
attached. On November 10, 1998, the Board issued an
order transferring the proceeding to the Board and a No-
tice to Show Cause why the motion should not be
granted. The Respondent again filed no response. The
allegations in the motion and in the compliance specifi-
cation are therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on the Motion for Summary Judgment
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that the Respondent shall file an answer
within 21 days from service of a compliance specifica-
tion. Section 102.56(c) of the Board’s Rules and Regu-
lations states:
If the respondent fails to file any answer to the specifi-
cation within the time prescribed by this section, the

1323 NLRB No. 49 (not included in Board volume).
2323 NLRB No. 203 (not included in Board volume).
Board may, either with or without taking evidence in
support of the allegations of the specification and with-
out further notice to the respondent, find the specifica-
tion to be true and enter such order as may be appropri-
ate.
According to the uncontroverted allegations of the
motion for summary judgment, the Respondent, despite
having been advised of the filing requirements, has failed
to file an answer to the compliance specification. In the
absence of good cause for the Respondent’s failure to file
an answer, we deem the allegations in the compliance
specification to be admitted as true, and grant the Gen-
eral Counsel’s motion for summary judgment. Accord-
ingly, we conclude that the net backpay due the discrimi-
natee is as stated in the compliance specification and we
will order payment by the Respondent of that amount to
Cortland Leeming, Jr., plus interest accrued on that
amount to the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondent, Air Tech Services, Inc., Hamilton, New
Jersey, its officers, agents, successors, and assigns, shall
make whole the individual named below, by paying him
the amounts following his name, plus interest:
Cortland Leeming, Jr. $4480.71 plus interest
Dated, Washington, D.C. November 30, 1998
Sarah M. Fox, Member
Peter J. Hurtgen, Member
J. Robert Brame III, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD