P & C Lighting Center

National Labor Relations Board - Board Decisions

Mar 31, 1992

306 N.L.R.B. 958 (N.L.R.B. 1992)

958
306 NLRB No. 188
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 301 NLRB 828.
2 We note that the Respondent’s answer also denied knowledge of
the existence of hiring hall referrals and their availability for work.
We further note that the General Counsel seeks summary judgment
on the allegations in the compliance specification only insofar as
they relate to bargaining unit employees and not to referrals. There-
fore, we shall remand this proceeding, insofar as it involves hiring
hall referrals, to the Regional Director for further appropriate action.
P & C Lighting Center, Inc. and International
Brotherhood of Electrical Workers, Local 139,
Annunity, Welfair, Pension and Education
Funds. Case 3–CA–14751
March 31, 1992
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND OVIATT
On February 26, 1991, the National Labor Relations
Board issued a Decision and Order in this proceeding1
in which it, inter alia, ordered the Respondent to make
its bargaining unit employees whole for any losses suf-
fered by them by reason of the Respondent’s unlawful
failure to adhere to the 1985–1990 collective-bar-
gaining agreement, as well as to make whole individ-
uals who were denied the opportunity to work for the
Respondent because of the Respondent’s unlawful re-
fusal to continue using the Union’s hiring hall. A con-
troversy having arisen over the amounts due under the
Board’s Order, the Regional Director for Region 3
issued a compliance specification and notice of hearing
on October 31, 1991. Subsequently, the Respondent
filed an answer admitting in part and denying in part
the allegations in the compliance specification.
On December 12, 1991, the General Counsel filed
with the Board a Motion for Partial Summary Judg-
ment, with exhibits attached. On December 24, 1991,
the Board issued an order transferring the proceeding
to the Board and a Notice to Show Cause why the mo-
tion should not be granted. The Respondent has failed
to file a response to the Notice to Show Cause.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
On the entire record, the Board makes the following
Ruling on Motion for Partial Summary Judgment
The Respondent’s answer, inter alia, generally de-
nies the amounts due and the number of hours alleg-
edly worked by each employee. To the extent that the
answer generally denies the accuracy of the backpay
figures, the answer fails to satisfy the requirements of
Section 102.56(b) of the Board’s Rules and Regula-
tions, which provides in pertinent part:
[I]f the respondent disputes either the accuracy of
the figures in the specification or the premises on
which they are based, the answer shall specifically
state the basis for such disagreement, setting forth
in detail the respondent’s position as to the appli-
cable premises and furnish the appropriate sup-
porting figures.
These matters are within the Respondent’s knowledge
and its failure to set forth fully its position as to the
applicable premises or to furnish appropriate sup-
porting figures is contrary to the specificity require-
ments of Section 102.56(b).
Accordingly, pursuant to Section 102.56(c) of the
Board’s Rules and Regulations, the Board deems those
matters alleged in the compliance specification that are
within the knowledge of the Respondent, and which
the Respondent has failed to deny in the manner re-
quired by Section 102.56(b), to be admitted as true.
Specifically, the allegations contained in the following
paragraphs of the compliance specification are deemed
to be admitted to be true: paragraph 4, i.e., the number
of hours each employee worked in each calendar quar-
ter of the backpay period and the net backpay amounts
owing each employee; paragraph 8, insofar as it al-
leges the amounts the Respondent is required to remit
to the fringe benefit funds referred to in paragraph 7
on behalf of each employee (but not on behalf of each
referral); and paragraph 9, insofar as it alleges total
hours worked by employees, and the total amounts
owed employees (but not referrals). In addition, the
Respondent’s answer admitted certain allegations in
the compliance specification, i.e., paragraph 1 con-
cerning the backpay period; paragraph 2 concerning
the duration of the contract; paragraph 3 concerning
the applicable wage rates; and paragraph 7 concerning
fringe benefit contributions.
Accordingly, we grant the General Counsel’s Motion
for Partial Summary Judgment,2 and we conclude that
the net amounts due the bargaining unit employees are
as stated in the compliance specification and we will
order payment by the Respondent to the unit employ-
ees and to the fringe benefit funds listed below on be-
half of the unit employees.
ORDER
The National Labor Relations Board orders that the
Respondent, P & C Lighting Center, Inc., Hornell,
New York, its officers, agents, successors, and assigns,
shall pay the amounts set forth below.
1. Make whole each of the employees named below
by payment to them of the amounts set forth opposite
their names, plus interest to be computed in the man-
ner prescribed in New Horizons for the Retarded, 283
959P & C LIGHTING CENTER
NLRB 1173 (1987), minus tax withholdings required
by Federal and state laws:
Jody Brizzee $66,801.16
Anthony Cappadonia 19,949.12
Michael D’Antonio 48,454.00
William Dufour Jr. 6,256.00
James Gerla 975.10
Lee Knapp 40,958.36
Wesley Merrick 72,589.89
Roger Price 70,029.45
2. Make whole each of the employees named below
by payment of contributions on their behalf into the
fringe benefit funds named below in the amounts set
forth opposite the employees’ names, plus any addi-
tional amounts (see Merryweather Optical Co., 240
NLRB 1213 (1979)):
Annuity Fund Educational Fund Pension Fund Welfare Fund
Jody Brizzee $9,558.10 $757.61 $10,080.50 $8,377.45
Anthony Cappadonia 3,487.90 315.15 4,122.00 3,109.60
Michael D’Antonio 9,561.95 787.13 10,415.00 8,405.30
William Dufour Jr. 1,100.00 82.50 1,100.00 990.00
James Gerla 199.00 14.93 199.00 179.10
Lee Knapp 6,384.50 539.25 7,117.00 5,571.60
Wesley Merrick 10,282.55 832.80 1,072.00 9,072.20
Roger Price 10,413.95 847.50 1,218.00 9,190.20
IT IS FURTHER ORDERED that the proceeding, insofar
as it involves hiring hall referrals, is remanded to the
Regional Director for Region 3 for further appropriate
action.