TD Janitorial

National Labor Relations Board - Board Decisions

Apr 30, 1998

325 N.L.R.B. 722 (N.L.R.B. 1998)

722
325 NLRB No. 136
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 Although a copy of the compliance specification served on the
Respondent on February 12, 1998, by certified mail was returned to
the Regional Director as being unclaimed, failure or refusal to accept
service cannot defeat the purposes of the Act. See, e.g., Michigan
Expediting Service, 282 NLRB 210 fn. 6 (1986).
Tom Duong, d/b/a TD Janitorial Services and Serv-
ice Employees International Union Local 2028,
Service Employees International Union, AFL–
CIO. Case 21–CA–31258
April 30, 1998
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN GOULD AND MEMBERS FOX AND
LIEBMAN
On September 3, 1997, the National Labor Relations
Board issued an unpublished Order adopting, in the ab-
sence of exceptions, the decision of the administrative
law judge ordering the Respondent, Tom Duong, d/b/a
TD Janitorial Services, to make whole Rosario Rami-
rez for any losses of earnings and benefits resulting
from her discharge in violation of the National Labor
Relations Act.
A controversy having arisen over the amount of
backpay due the discriminatee, on February 12, 1998,
the Regional Director for Region 21 issued a compli-
ance specification and notice of hearing alleging the
amount due under the Board’s Order, and notifying the
Respondent that it should file a timely answer comply-
ing with the Board’s Rules and Regulations. Although
properly served with a copy of the compliance speci-
fication,1 the Respondent failed to file an answer.
On March 30, 1998, the General Counsel filed with
the Board a Motion for Summary Judgment, with ex-
hibits attached. On April 1, 1998, 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 Respondent filed no response. The allega-
tions 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.
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 has
failed to file an answer to the compliance specification.
In the absence of good cause for the Respondent’s fail-
ure 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 discriminatee is as stated in the compli-
ance specification and we will order payment by the
Respondent of these amounts to the discriminatee, plus
interest accrued on said amounts to the date of pay-
ment.
ORDER
The National Labor Relations Board orders that the
Respondent, Tom Duong, d/b/a TD Janitorial Services,
San Diego, California, its officers, agents, successors,
and assigns, shall make whole Rosario Ramirez by
paying her $170, plus interest and minus tax
withholdings required by Federal and state laws.
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