RJ/Showtime

National Labor Relations Board - Board Decisions

Mar 31, 1992

306 N.L.R.B. 993 (N.L.R.B. 1992)

993
306 NLRB No. 202
RJ/SHOWTIME
R. J. Set Services, Inc. d/b/a RJ/Showtime and
International Alliance of Theatrical Stage Em-
ployees & Moving Picture Machine Operators
of the United States and Canada, AFL–CIO.
Case 31–CA–17816
March 31, 1992
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND RAUDABAUGH
On June 19, 1990, the National Labor Relations
Board issued an Order adopting, in the absence of ex-
ceptions, the decision of the administrative law judge
directing the Respondent, inter alia, to take certain af-
firmative action necessary to effectuate the policies of
the Act. On July 25, 1991, the United States Court of
Appeals for the Ninth Circuit entered its judgment en-
forcing in full the Board’s Order.
A controversy having arisen over the amount of
backpay due the discriminatees under the terms of the
Board’s Order on October 30, 1991, the Acting Re-
gional Director for Region 31 issued a compliance
specification and notice of hearing alleging the amount
due under the Board’s Order, and notifying the Re-
spondent that it should file a timely answer complying
with the Board’s Rules and Regulations. Although
properly served with a copy of the compliance speci-
fication, the Respondent has failed to file an answer.
By letter dated January 17, 1992, counsel for the
General Counsel advised the Respondent that no an-
swer to the compliance specification had been received
and that unless an appropriate answer was filed by Jan-
uary 31, 1992, summary judgment would be sought.
The Respondent filed no answer.
On March 9, 1992, the General Counsel filed with
the Board a Motion to Transfer Case to and Continue
Compliance Proceedings Before the Board and for
Summary Judgment, with exhibits attached. On March
11, 1992, the Board issued an order transferring the
proceeding to the Board and a Notice to Show Cause
why the motion should not be granted. The Respond-
ent again filed no response. The allegations in the mo-
tion and in the compliance specification 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
specification within the time prescribed by this
section, the Board may, either with or without
taking evidence in support of the allegations 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
Motion for Summary Judgment, the Respondent, de-
spite having been advised of the filing requirements,
has failed to file an answer to the compliance speci-
fication. In the absence of good cause for the Respond-
ent’s failure to file an answer, we deem the allegations
in the compliance specification to be admitted as true,
and grant the General Counsel’s Motion for Summary
Judgment. Accordingly, we conclude that the net back-
pay due the discriminatees is as stated in the compli-
ance specification and we will order payment by the
Respondent to the discriminatees.
ORDER
The National Labor Relations Board orders that the
Respondent, R. J. Set Services, Inc. d/b/a
RJ/Showtime, Los Angeles, California, its officers,
agents, successors, and assigns, shall make whole the
individuals named below, by paying them the amounts
opposite their names, with interest to be computed in
the manner prescribed in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987), minus tax
withholdings required by Federal and state laws:
John Raymond Bond $6,437.20
Frank Fleshman 2,626.80
Kenneth Karn 6,389.60
Gary Manning 5,880.00
Donald Sharlow 1,591.20
Gabriel Yanez 2,758.80