Wilco Energy Corporation

National Labor Relations Board - Board DecisionsMar 27, 1981

255 N.L.R.B. 370 (N.L.R.B. 1981)

370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Wilco Energy Corporation and United Mine Work- ers of America. Case 26-CA-7454 March 27, 1981 SUPPLEMENTAL DECISION AND ORDER On December 6, 1979, the National Labor Rela- tions Board issued a Decision and Order' in the above-entitled proceeding in which it ordered Re- spondent, inter alia, to make whole George Dalton and Jerry Bjorgum for any loss of pay they may have suffered resulting from Respondent's unfair labor practices against them in violation of Section 8(a)(1) and (3) of the National Labor Relations Act, herein called the Act. On July 25, 1980, the United States Court of Appeals for the Eighth Cir- cuit entered its decree enforcing in full the backpay provisions of the Board's Order. A controversy having arisen over the amount of backpay owed the discriminatees, the Acting Regional Director for Region 26 duly issued and served on the parties the backpay specification herein which sets forth the amounts of backpay allegedly due the discri- minatees. Respondent has failed to timely file an answer to the backpay specification, and its allega- tions, therefore, stand uncontroverted. On October 3, 1980, counsel for the General Counsel filed a Motion for Summary Judgment. Subsequently, on October 14, 1980, the Board issued an order transferring the proceeding to the Board and Notice To Show Cause why the Gener- al Counsel's Motion for Summary Judgment should not be granted. 2 Respondent has not filed a re- sponse to the Notice To Show Cause. Thereafter, on October 17, 1980, counsel for the General Counsel filed a motion to strike Respondent's answer and renewed motion to transfer case to the Board for summary judgment, and, on November 24, 1980, a motion to strike supplemental answer and opposition to motion to reinstate hearing. 3 Both motions were served on the parties, including Respondent, by certified mail. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment Section 102.54(c) of the National Labor Rela- tions Board Rules and Regulations, Series 8, as amended, provides in relevant part with respect to a backpay specification: i 246 NLRB 851. 2 The Board also ordered the hearing to be postponed indefinitely. a We find it unnecessary to pass on either motion inasmuch as Re- spondent's answer and supplemental answer were untimely filed and are not accepted. 255 NLRB No. 55 (c) Effect of Failure to answer or to plead spe- cifically and in detail to the Specification.-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 . . .notice to the respondent, find the specifi- cation to be true and enter such order as may be appropriate. The Acting Regional Director's backpay specifi- cation and notice of hearing, dated September 5, 1980, was sent to Respondent by certified mail. Ac- cording to the uncontroverted allegations of the motion to strike supplemental answer, counsel for the General Counsel contacted counsel for Re- spondent by telephone on September 12, 1980, in regard to the backpay specification. Respondent accepted delivery of the backpay specification on September 13, 1980. The backpay specification stated that Respondent should file with the Region- al Director an answer to said specification within 15 days from being served with the specification. On October 1, 1980, Respondent sent its answer to the backpay specification. The Board's Regional Office received Respondent's answer on October 3, 1980. In addition to filing a late answer, Respond- ent failed to state in its answer any reason as to why it did not meet the filing date as prescribed under the Board's Rules and Regulations, nor did Respondent request an extension of time to file its answer. Further, although Respondent apparently submit- ted a supplemental answer and motion to reinstate hearing, it made no response to the counsel for the General Counsel's motion to strike said answer and motion, wherein it was alleged that Respondent did not show good cause for failure to file a timely answer. Nor did Respondent file a response to the Notice To Show Cause. No good cause to the con- trary having been shown, in accordance with the rule set forth above, the Board deems Respondent to have admitted all allegations of the backpay specification to be true and that there are no mat- ters in issue requiring a hearing. Accordingly, we hereby grant the General Counsel's Motion for Summary Judgment, and shall issue an appropriate order. On the basis of the backpay specification and the entire record in this case, the Board makes the fol- lowing findings of fact: We find that George Dalton and Jerry Bjorgum are entitled to be made whole under the Board's Order and the court's decree by payment to them of the amounts as summarized and calculated in the General Counsel's backpay specification; namely, by payments of $14,698 to George Dalton; and $0 WILCO ENERGY CORPORATION 371 to Jerry L. Bjorgum, plus interest accrued to the date of payment, minus the tax withholdings re- quired by Federal and state laws. 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, Wilco Energy Corporation, Ozark, Arkansas, its officers, agents, successors, and assigns, shall pay to the employees involved in this proceeding the fol- lowing amounts: George Dalton Jerry L. Bjorgum $14,698 -0- Interest thereon is to be computed in the manner prescribed in Isis Plumbing & Heating Co., 138 NLRB 716 (1962), and Florida Steel Corporation, 231 NLRB 651 (1977), minus the tax withholding required by Federal and state laws.