Synergy International

National Labor Relations Board - Board Decisions

Dec 20, 2007

351 N.L.R.B. 76 (N.L.R.B. 2007)

351 NLRB No. 76
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.
Synergy International and Nancy Nowakowski. Case
5–CA–33009
December 20, 2007
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS SCHAUMBER, KIRSANOW, AND WALSH
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 29, 2006, the Board issued a Decision
and Order1 that, among other things, ordered the Re-
spondent to make whole employee Nancy Nowakowski
for any loss of earnings and other benefits suffered as a
result of her unlawful discharge in violation of Section
8(a)(1) of the Act. On May 15, 2007, the United States
Court of Appeals for the Fourth Circuit entered its judg-
ment enforcing in full the Board’s Order.
A controversy having arisen over the amount of back-
pay due the discriminatee under the Board’s Order, on
August 16, 2007, the Regional Director for Region 5
issued a compliance specification and notice of hearing
alleging the amount due under the Board’s Order. The
compliance specification notified the Respondent that it
should file an answer by September 6, 2007, complying
with the Board’s Rules and Regulations. Although prop-
erly served with a copy of the compliance specification,
the Respondent failed to file an answer.
By letter dated October 2, 2007, the Region advised
the Respondent that no answer to the compliance specifi-
cation had been received and that unless an answer was
filed by October 16, 2007, a motion for default judgment
would be filed. To date, the Respondent has failed to file
an answer.
On October 26, 2007, the General Counsel filed with
the Board a Motion for Default Judgment, with exhibits
attached. On October 31, 2007, the Board issued an or-
der transferring the proceeding to the Board and a Notice
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 specification are
therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.

1 348 NLRB No. 34.
Ruling on the Motion for Default 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 Regula-
tions provides that if the respondent fails to file any an-
swer 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 mo-
tion for default jdgment, 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. Accord-
ingly, we conclude that the net backpay due the discrimi-
natee is as stated in the compliance specification and we
will order the Respondent to pay that amount to Nancy
Nowakowski, plus interest accrued on the amount to the
date of payment.
ORDER
The National Labor Relations Board orders that the
Respondent, Synergy International, Joppa, Maryland, its
officers, agents, successors, and assigns, shall make
Nancy Nowakowski whole by paying her the amount
following her name, plus interest accrued to the date of
payment, as prescribed in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987), minus tax withholdings
required by Federal and State laws:
Nancy Nowakowski $11,044
Dated, Washington, D.C. December 20, 2007
Peter C. Schaumber, Member
Peter N. Kirsanow, Member
Dennis P. Walsh, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD