Linda Construction, Inc.

National Labor Relations Board - Board Decisions

Oct 28, 2015

363 NLRB No. 28 (N.L.R.B. 2015)

363 NLRB No. 28
NOTICE: This opinion is subject to formal revision before publication in the
bound 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.
Linda Construction, Inc. and Excavating, Grading,
Asphalt, Private Scavengers, Automobile Sales-
room Garage Attendants, and Linen and Laun-
dry Local Union No. 731, Affiliated with the In-
ternational Brotherhood of Teamsters. Case 13–
CA–125200
October 28, 2015
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS MISCIMARRA, HIROZAWA,
AND MCFERRAN
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the compliance specification.
On September 30, 2014, the National Labor Relations
Board issued a Decision and Order1 that, among other
things, ordered Respondent Linda Construction, Inc. to
make all required contributions to the union health and
welfare fund and the union pension fund and to reim-
burse unit employees for any expenses ensuing from its
failure to make any required contributions. On March
13, 2015, the United States Court of Appeals for the Sev-
enth Circuit entered its judgment enforcing in its entirety
the Board’s Decision and Order.2
A controversy having arisen over the amount of con-
tributions due the union funds, on July 6, 2015, the Re-
gional Director issued a compliance specification and
notice of hearing alleging the amounts due under the
Board’s Order, and notifying the Respondent that it
should file a timely answer complying 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 August 7, 2015, the Region reminded
the Respondent of the need to file an answer to the com-
pliance specification, and indicated that if no answer was
received by August 14, 2015, a motion for default judg-
ment would be filed. Nonetheless, the Respondent again
failed to file an answer.
On August 27, 2015, the General Counsel filed with
the Board a Motion for Default Judgment, with exhibits
attached. On September 1, 2015, the Board issued an
order transferring the proceedings to the Board and a
Notice to Show Cause why the motion should not be
granted. The Respondent again filed no response. The

1 361 NLRB No. 56.
2 15–1125.
allegations in the motion and the compliance specifica-
tion 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 Default Judgment
Section 102.56(a) of the Board’s Rules and Regula-
tions provides that a respondent shall file an answer
within 21 days from service of a compliance specifica-
tion. Section 102.56(c) provides that 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 allega-
tions of the specification and without further notice to the
respondent, find the specification to be true and enter
such order as may be appropriate.
According to the uncontroverted allegations of the mo-
tion for default judgment, the Respondent, despite having
been advised of the filing requirements, has failed to file
an answer to the compliance specification. In the ab-
sence 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 Default Judgment. According-
ly, we conclude that the amounts to be paid to the Union
funds are as stated in the compliance specification, and
we will order the Respondent to pay those amounts to the
funds, plus interest accrued to the date of payment.3
ORDER
The National Labor Relations Board orders that the
Respondent, Linda Construction, Inc., Country Club
Hills, Illinois, its officers, agents, successors, and as-
signs, shall make the payments due the following funds
in the amounts set forth, plus interest accrued to the date
of payment.
Local 731, IBT Garage At-
tendants, Linen and Laundry
Health and Welfare Fund
$105,676.60
Local 731 IBT Garage Attend-
ants Pension Fund
$94,392.20
TOTAL AMOUNT DUE: $200,068.80

3 The Regional Director for Region 13 reserved the right to amend
the provisions of the compliance specification by inclusion of infor-
mation not yet known, such as any reimbursable expenses owed to
employees as a result of the Respondent’s failure to make contributions
for the time period after March 2014.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Dated, Washington, D.C. October 28, 2015
______________________________________
Philip A. Miscimarra, Member
_____________________________________
Kent Y. Hirozawa, Member
______________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD