Coleman, Akers & Akers Construction

National Labor Relations Board - Board Decisions

Mar 27, 1992

306 N.L.R.B. 883 (N.L.R.B. 1992)

883
306 NLRB No. 179
COLEMAN, AKERS & AKERS CONSTRUCTION
1 297 NLRB No. 167 (not reported in Board volumes).
2 The Respondent previously paid Coleman, Ratliff, and Reynolds
for losses resulting from their unlawful layoff on or about August
10, 1989. The only monetary provisions of the Board’s Order re-
maining for compliance are the August 25, 1989 discharge of Terry
Coleman and the September 15, 1989 constructive discharge of
Floyd Reynolds.
Coleman, Akers and Akers Construction Company
and Kentucky State District Council of Car-
penters, for and on behalf of Carpenters Local
1650, United Brotherhood of Carpenters and
Joiners of America, AFL–CIO. Case 9–CA–
26799
March 27, 1992
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND OVIATT
On March 22, 1990, the National Labor Relations
Board issued a Decision and Order,1 inter alia, order-
ing Respondent, Coleman, Akers and Akers Construc-
tion Company, to make whole Terry Coleman, Terry
Ratliff, and Floyd Reynolds for their losses resulting
from Respondent’s unfair labor practices in violation
of Section 8(a)(1) and (3) of the National Labor Rela-
tions Act.2 The Board’s Order was enforced in full by
the United States Court of Appeals for the Sixth Cir-
cuit on April 4, 1991.
A controversy having arisen over the amount of
backpay due discriminatees Coleman and Reynolds,
the Acting Regional Director for Region 9 issued a
compliance 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
complying with the Board’s Rules and Regulations.
Although properly served with a copy of the compli-
ance specification, the Respondent has failed to file an
answer.
By letter dated January 24, 1992, counsel for the
General Counsel advised the Respondent that no an-
swer to the compliance specification had been received
and that unless an appropriate answer was filed by
February 3, 1992, summary judgment would be sought.
The Respondent filed no answer.
On February 24, 1992, the General Counsel filed
with the Board a motion to transfer proceedings to the
Board and Motion for Summary Judgment, with exhib-
its attached. On February 27, 1992, 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 again filed no response. The
allegations in the motion and in the compliance speci-
fication are therefore undisputed.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Ruling on 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, de-
spite having been advised of the filing requirements,
has failed to file an answer to the compliance speci-
fication. In the absence of good cause for the Respond-
ent’s failure 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 discriminatees is as stated in the compli-
ance specification and we will order payment by the
Respondents to the discriminatees.
ORDER
The National Labor Relations Board orders that the
Respondent, Coleman, Akers and Akers Construction
Company, Lexington, Kentucky, its officers, agents,
successors, and assigns, shall make whole the individ-
uals named below, by paying them the amounts fol-
lowing their names, with interest to be computed in the
manner prescribed in New Horizons for the Retarded,
283 NLRB 1173 (1987), minus tax withholdings re-
quired by Federal and state laws.
Terry Coleman $3,450.00
Floyd Reynolds 392.00