Travelodge San Francisco Civic Center

National Labor Relations Board - Board Decisions

Jul 2, 1981

256 N.L.R.B. 1097 (N.L.R.B. 1981)

TRAVELODGE SAN FRANCISCO CIVIC CENTER 1097
Jae K. Lee and Dang H. Song, a partnership d/b/a
Travelodge San Francisco Civic Center and
Steven L. Smith. Case 20-CA-14223
July 2, 1981
SUPPLEMENTAL DECISION AND
ORDER
On May 16, 1979, the National Labor Relations
Board issued a Decision and Order' in the above-
entitled proceeding in which the Board, inter alia,
ordered Respondent to make whole Steven L.
Smith for any loss of earnings suffered by reason of
Respondent's discrimination against him. On
August 6, 1980, the United States Court of Appeals
for the Ninth Circuit entered its judgment enforc-
ing the Board's Order. A controversy having arisen
over the amount of backpay due under the Board's
Order, as enforced by the court, the Acting Re-
gional Director for Region 20, on February 5,
1981, issued and duly served on Respondent a
backpay specification and notice of hearing, alleg-
ing the amount of backpay due the discriminatee
under the Board's Order and notifying Respondent
that it should file a timely answer complying with
the Board's Rules and Regulations, Series 8, as
amended. Respondent failed to file an answer to
the specification.
Thereafter, on March 23, 1981, counsel for the
General Counsel filed directly with the Board a
Motion for Summary Judgment, with appendices
attached. Subsequently, on March 26, 1981, the
Board issued an order transferring the proceeding
to the Board and a Notice To Show Cause why
the General Counsel's Motion for Summary Judg-
ment should not be granted. Respondent failed to
file a response to the Notice To Show Cause, and
the allegations of the Motion for Summary Judg-
ment stand uncontroverted.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Section 102.54 of the Board's Rules and Regula-
tions, Series 8, as amended, provides, in pertinent
part, as follows:
(a) . . . The respondent shall, within 15 days
from the service of the specification, if any,
file an answer thereto ....
(c) . . . If the respondent fails to file any
answer to the specification within the time
prescribed by this section, the Board may,
' 242 NLRH 287
256 NLRB No. 163
either with or without taking evidence in sup-
port of the allegations of the specification and
without notice to the respondent, find the
specification to be true and enter such order as
may be appropriate....
The backpay specification, issued on February 5,
1981, and served on Respondent on February 6,
1981, specifically states that Respondent shall,
within 15 days from the date of the specification,
file with the Regional Director for Region 20 an
answer to the specification and that, if the answer
fails to deny the allegations of the specification in
the manner required under the Board's Rules and
Regulations and the failure to do so is not ade-
quately explained, such allegations shall be deemed
to be admitted to be true and Respondent shall be
precluded from introducing any evidence contro-
verting them.
According to the uncontroverted allegations of
the Motion for Summary Judgment, after the time
for filing an answer had expired, counsel for the
General Counsel, by letter dated March 3, 1981,
advised Respondent that an answer had not been
received, and that if the answer was not received
by the Regional Office in a timely fashion, the
Region would promptly move for summary judg-
ment. As of March 20, 1981, the date of the
Motion for Summary Judgment, Respondent had
filed no answer to the specification, and to date has
not indicated that it would file an answer. Re-
spondent has also failed to file a response to the
Notice To Show Cause and, therefore, the allega-
tions of the Motion for Summary Judgment stand
uncontroverted. As Respondent has not filed an
answer to the specification and has not offered any
explanation for its failure to do so, in accordance
with the rules set forth above, the allegations of the
specification are deemed to be admitted as true and
are so found by the Board, without the taking of
evidence.
Accordingly, on the basis of the allegations of
the specification which are accepted as true, the
Board concludes that the net backpay due the dis-
criminatee, Steven L. Smith, is as stated in the
computations of the specification, and orders the
payment thereof be made by Respondent to the
discriminatee.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Jae K. Lee and Dang H. Song, a partnership d/b/a
Travelodge San Francisco Civic Center, San Fran-
1098 DECISIONS OF NATIONAL LA1BOR RELATIONS BOARI)
cisco, California, its officers, agents
and assigns, shall:
1. Make whole the discriminatee n
by payment to him of the amount f
name, plus interest thereon, until pa:
backpay due is made, less tax with
quired by Federal and state laws:
Steven L. Smith
2. Make whole the discriminatee list
payment to his account with Hotel an
Employees and Bartenders Union, Lc
, successors,
lamed below
Following his
yment of all
I. -i~J ,..
and Restaurant Employees and Bartenders Interna-
tional Union, AFL-CIO., contractual pension fund
the amount set forth opposite his name:2
Steven L. Smith 57()8.06
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