Statewide Entertainment

National Labor Relations Board - Board Decisions

Dec 31, 1998

327 N.L.R.B. 78 (N.L.R.B. 1998)

327 NLRB No. 78
1
NOTICE: This opinion is subject to formal revision before publication in the
Board 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.
Charlie K. Kim, an individual d/b/a Statewide Enter-
prises and International Brotherhood of Paint-
ers and Allied Trades, Southern California
Painters and Allied Trades. Case 21–CA–32262
December 31, 1998
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FOX, HURTGEN, AND BRAME
On July 31, 1998, the National Labor Relations Board
issued a Decision and Order,1 inter alia, ordering State-
wide Enterprises, to offer reinstatement to and make
whole José Alcanzar and Cesar Mendez for loss of earn-
ings and other benefits resulting from the discrimination
against them in violation of the National Labor Relations
Act.
A controversy having arisen over the liabilities arising
from the Board’s Order, on November 4, 1998, the Re-
gional Director for Region 21 issued a compliance speci-
fication and notice of hearing alleging the amounts due
under the Board’s Order, and notifying Charlie K. Kim,
an individual d/b/a Statewide Enterprises (the Respon-
dent) 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.2
On December 9, 1998, the General Counsel filed with
the Board a Motion for Summary Judgment, with exhib-
its attached. On December 14, 1998, the Board issued an
order transferring the proceeding to the Board and a No-
tice to Show Cause why the motion should not be
granted. The Respondent again filed no response. The
allegations in the motion and in the compliance specifi-
cation 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 specifi-
cation 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 with-

1 325 NLRB No. 227 (not included in Board volumes).
2 Although it appears that no further reminder letter was sent to the
Respondent, this does not warrant denying the General Counsel’s Mo-
tion for Summary Judgment. See, e.g., Superior Industries, 289 NLRB
834, 835 fn. 13 (1988).
out further notice to the respondent, find the specifica-
tion to be true and enter such order as may be appropri-
ate.
According to the uncontroverted allegations of the
Motion for Summary Judgment, the Respondent, despite
having been advised of the filing requirements, has failed
to file an answer to the compliance specification. In the
absence 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 Summary Judgment. Ac-
cordingly, we conclude that the net backpay due the dis-
criminatees is as stated in the compliance specification
and we will order payment by the Respondent of those
amounts to José Alcanzar and Cesar Mendez, plus inter-
est accrued on those amounts to the date of payment.
FINDINGS OF FACT
At all material times, Statewide Enterprises has been a
sole proprietorship owned and operated by Charlie K.
Kim (Kim).
At all material times, Statewide was operated as a
painting contractor, with an address of 434 W. Colorado
Blvd., #200, Glendale, California and has operated under
California Contractors State License Board #360371.
We find that it is appropriate in these circumstances to
hold Kim and Statewide, individually and collectively,
liable for complying with the Board’s Order as enforced
in this decision.
ORDER
The National Labor Relations Board orders that the
Respondent, Charlie K. Kim, an individual d/b/a State-
wide Enterprises, Glendale, California, its officers,
agents, successors, and assigns, shall make whole the
individuals named below, by paying them the amounts
following their names, plus interest and minus tax with-
holdings required by Federal and state laws:
José Alcanzar $6,013.30
Cesar Mendez 7,323.84
TOTAL $13,337.14
Dated, Washington, D.C. December 31, 1998
Sarah M. Fox Member
Peter J. Hurtgen, Member
J. Robert Brame III, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD