WUSS Radio

National Labor Relations Board - Board Decisions

Jan 26, 1981

254 N.L.R.B. 804 (N.L.R.B. 1981)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Atlantic Business and Community Development Cor-
poration, d/b/a WUSS Radio and American
Federation of Television and Radio Artists,
Philadelphia Local. Case 4-CA-8416
January 26, 1981
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND TRUESDALE
On November 9, 1978, the National Labor Rela-
tions Board issued an order' adopting, in the ab-
sence of exceptions, the Decision of the Adminis-
trative Law Judge in Case 4-CA-8416 directing
Respondent Atlantic Business and Community De-
velopment Corporation, d/b/a WUSS Radio, its of-
ficers, agents, successors, and assigns, to, inter alia,
make employee Ansel V. Bartley whole for any
loss of pay suffered by reason of Respondent's dis-
crimination against him. On April 23, 1980, the
Board's Order was enforced by the United States
Court of Appeals for the Third Circuit. A contro-
versy having arisen over the amount of backpay
due under the terms of the Order, the Acting Re-
gional Director for Region 4, on August 26, 1980,
issued and duly served on Respondent a backpay
specification and notice of hearing alleging the
amount of backpay due, and notified Respondent
that it should file a timely answer complying with
the Board's Rules and Regulations, Series 8, as
amended. Respondent did not file an answer to the
backpay specification. On November 5, 1980, coun-
sel for the General Counsel filed with the Board a
Motion for Summary Judgment based upon the
failure of Respondent to file an answer to the back-
pay specification as required by Section 102.54(a)
of the Board's Rules and Regulations. The Board,
on November 18, 1980, issued an order transferring
the proceeding to the Board and a Notice To
Show Cause why the General Counsel's motion
should not be granted. Respondent has not filed
any response to the Notice To Show Cause.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
i Not reported in volurmes of I3Board Decision.l
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 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,
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....
Respondent has failed to file an answer to the
backpay specification and has made no response to
the Notice To Show Cause. Therefore, the motion
to find the backpay specification true is granted
and the obligations of the backpay specification are
deemed to be admitted pursuant to Section
102.54(c) of the Board's Rules and Regulations.
Accordingly, we find that the allegations of the
specification are deemed to be admitted as true,
and that the net amount of backpay due is as stated
in the computation in the specification. We shall
order payment thereof. 2
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,
Atlantic Business and Community Development
Corporation, d/b/a WUSS Radio, Atlantic City,
New Jersy, its officers, agents, successors, and as-
signs, shall make whole discriminatee Ansel V.
Bartley by paying to him the amount of $2,863,
plus interest to be computed in the manner speci-
fied in Florida Steel Corporation, 231 NLRB 651
(1977), until payment of all backpay due, less tax
withholdings required by Federal and state laws.
We herebhy correct an apparent inadvertent error in par 4 of the
hackpay specification, to shlio the amount oif net backpay due artley in
Ihe amnount of $58 for the first quarter of 1976 to, be read as due for the
fourlh quarter of 176
254 NLRB No. 96
804