Atlantic Foundry and Pattern Corp.

National Labor Relations Board - Board Decisions

Feb 28, 1973

201 N.L.R.B. 1028 (N.L.R.B. 1973)

1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Atlantic Foundry and Pattern Corp. and Local 84,
International Molders and Allied Workers
Union, AFL-CIO. Cases 29-CA-2169 and
29-CA-2169-2
February 28, 1973
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
On August 18, 1971, the National Labor Relations
Board issued its Decision and Order' adopting the
Decision of the Trial Examiner directing the Respon-
dent, its officers, agents, successors, and assigns to,
inter alia, offer reinstatement to, and make whole,
Jesse Jones and Stanley Kirkland for loss of pay
suffered by reason of Respondent's discrimination
against them. On September 7, 1972, the United
States Court of Appeals for the Second Circuit
entered its Judgment enforcing the Board's Order. A
controversy having arisen over the amounts of
backpay due the two discriminatees named above,
the Regional Director for Region 29, on September
25, 1972, issued a backpay specification and notice of
hearing setting forth allegations with respect to the
amounts of backpay due said discriminatees. The
Respondent failed to file an answer to the specifica-
tion.
On October 31, 1972, the General Counsel filed
directly with the Board in Washington, D.C., a
motion for judgment on the pleadings and for
issuance of a Board order. On November 20, 1972,
the Board issued an order transferring 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
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 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
1192 NLRB No 108
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, issued and served on
the Respondent on September 25, 1972, specifically
states 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
29 and that, if the answer fails to deny the allegations
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 the
Respondent shall be precluded from introducing any
evidence controverting them. According to the
Motion for Summary Judgment, Respondent's coun-
sel, on October 25, 1972, verbally informed counsel
for the General Counsel that Respondent did not
intend to answer the backpay specification, appear at
the hearing, or oppose the specification. The time to
answer the specification expired October 13, 1972,
and as of October 31, 1972, the date of the General
Counsel's motion herein, Respondent had not
applied for an extension of time to answer nor had it
indicated that it would file an answer, nor has said
time been extended. The Respondent also failed to
file a response to the notice to show cause and,
therefore, the allegations of the Motion for Summary
Judgment stand uncontroverted. Since Respondent
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 so found by the Board without
the taking of evidence in support of the said
allegations.
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 each discriminatee, Jesse Jones and
Stanley Kirkland, is as stated in the computations of
the specification, and hereinafter orders the payment
thereof by the Respondent to each discriminatee.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Atlantic Foundry and Pattern Corp., Brooklyn, New
York, its officers, agents, successors, and assigns,
shall make whole each of the discriminatees named
below, by payment to them of the amounts set forth
adjacent to their names, plus interest accrued at the
201 NLRB No. 134
ATLANTIC FOUNDRY AND PATTERN CORP. 1029
rate of 6 percent per annum to be computed in the the tax withholdings required by Federal and state
manner set forth in Isis Plumbing & Heating Co., 138 laws:
NLRB 716, until payment of all backpay due, less
Jesse Jones $652.79
Stanley Kirkland $1810.40