American Ham Co., Inc.

National Labor Relations Board - Board DecisionsAug 27, 1980

251 N.L.R.B. 1475 (N.L.R.B. 1980)

AMERICAN HAM COMPANY, INC. 1475 American Ham Company, Inc. and Amalgamated Meat Cutters and Butcher Workmen of North America, Local No. 545, AFL-CIO. Case 14- CA-11648 August 27, 1980 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENELLO AND TRUESDALE On December 5, 1978, the National Labor Rela- tions Board issued a Decision and Order' in the above-entitled proceeding in which the Board, inter alia, ordered Respondent to make whole certain employees for any loss of benefits suffered by reason of Respondent's discrimination against them. On April 9, 1980, the United States Court of Ap- peals for the Eighth Circuit entered its judgment enforcing the Board's Order. A controversy having arisen over the amount of backpay due under the Board's Order, as enforced by the court, the Re- gional Director for Region 14, on May 12, 1980, issued and duly served on Respondent a backpay specification and notice of hearing, alleging the amount of backpay due the discriminatees under the Board's Order and notifying Respondent that it should file a timely answer complying with the Board's Rules and Regulations, Series 8, as amend- ed. Respondent failed to file such an answer. Thereafter, on June 17, 1980, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on July 1, 1980, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's motion should not be granted. Respondent 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 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 Summary Judgment Section 102.54 of the Board's Rules and Regula- tions, Series 8, as amended, 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 .... ' 239 Nl.RH 578 251 NLRB No. 194 (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 backpay specification, issued and served on Respondent on or about May 12, 1980, specifically states that Respondent shall, within 15 days from the date of the specification, file with the Regional Director for Region 14 an answer to the specifica- tion and that, if the answer fails to deny the allega- tions of the specification in the manner required under the Board's Rules and Regulations and the failure to do so is not adequately explained, such allegations shall be deemed to be admitted to be true and Respondent shall be precluded from the introduct of any evidence controverting them. On two occasions during the period May 13 through May 23, 1980, counsel for the General Counsel contacted Respondent's counsel by tele- phone to advise him that the Board's Rules and Regulations required an answer to be filed within 15 days of service of the specification and further advising the failure to file an answer could result in a motion for summary judgment. On May 28, 1980, counsel for the General Coun- sel again contacted Respondent's counsel by tele- phone to advise him that Respondent's answer to the backpay specification was due that date. On May 28, 1980, counsel for the General Coun- sel served a letter on Respondent by registered mail, with a copy to Respondent's counsel, advis- ing Respondent that the Board's Rules and Regula- tions required an answer to have been filed within 15 days of service of the specification and further advising Respondent that appropriate action would be taken should Respondent continue to fail to file an answer, which letter was received by Respond- ent on May 30, 1980. On June 6, 1980, counsel for the General Coun- sel served a letter on Respondent's counsel, by reg- istered mail, with a copy to Respondent, advising Respondent that Respondent's answer to the speci- fication was to have been filed, pursuant to the Board's Rules and Regulations, within 15 days of service of the specification, and that failure to answer promptly could result in filing of the instant motion. As of June 17, 1980, the date of the Motion for Summary Judgment, Respondent had filed no answer and to date has not indicated that it would file an answer. Respondent also failed to file a response to the Notice To Show Cause and, AMERICAN H M COMPANY, I C. 1476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD therefore, the allegations of the Motion for Sum- mary Judgment stand uncontroverted. As Respond- ent has not filed an answer to the specification and has not offered any explanation for its failure 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 without the taking of evidence in support of the said allegations. Accordingly, the Board concludes that the net backpay due the discriminatees, Robin D. Hall, Ronald L. Hall, Alan Yarbrough, John R. Lindsay, and Dennis F. Gaugel is as stated in the computa- tions of the specification, and orders the payment thereof by Respondent to the discriminatees. 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, American Ham Company, Inc., Bonne Terre, Mis- souri, its officers, agents, successors, and assigns, shall: 1. Make whole the discriminatees named below, by payment to them of the amount following their names, plus interest thereon to be computed in the manner prescribed in Florida Steel Corporation, 231 NLRB 651 (1977),2 until payment of all backpay 2 See, generally, Isis Plumbing Heating Co., 138 NLRB 716 (1962). due is made, less tax withholdings required by Fed- eral and state laws: Robin D. Hall $120.26 Ronald L. Hall 24.34 Alan Yarbrough 26.31 John R. Lindsey 121.38 Dennis F. Gaugel 264.80 2. Make whole the employees listed below by payment to their accounts with Local 545's welfare trust the amount set forth opposite their names, plus interest accrued to the date of payments pur- suant to the Board's Order: Ronald L. Hall $180.60 Alan Yarbrough 180.00 John R. Lindsey 360.00 Dennis F. Gaugel 650.00 3. Make whole the employees listed below by payment to their accounts with the Amalgamated Meat Cutters and Butcher Workmen's Union In- dustry pension fund the amount set forth opposite their names, plus interest accrued to the date of payment, pursuant to the Board's Order: Ronald L. Hall Alan Yarbrough John R. Lindsey Dennis F. Gaugel $192.00 192.00 384.00 672.00