NOTICE: This opinion is subject to formal revision
before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive
Secretary, National Labor Relations Board,
Country Lane Construction,
Inc. and Local 1234,
May 31, 2007
SUPPLEMENTAL DECISION
AND ORDER
By
Members Liebman, Schaumber, And Walsh
The
General Counsel seeks summary judgment in this case pursuant to the terms of a settlement agreement.
On
August 27, 2003, the National Labor Relations Board issued a Decision and Order[1] directing
the Respondent, Country Lane Construction, Inc., to take make whole
discriminatee Jeff Blair for any loss of earnings and other benefits suffered
as a result of the Respondent’s refusal to hire him in violation of Section
8(a)(3) and (1) of the Act. On April 23,
2004, the United States Court of Appeals for the Sixth Circuit enforced in full
the Board’s decision.[2]
A
controversy having arisen concerning the amount of backpay due discriminatee
Jeff Blair under the terms of the Board’s Order, on December 13, 2006, the Regional
Director issued a compliance specification and notice of hearing alleging the
amount due under the Board’s Order and notifying the Respondent that it must
file a timely answer complying with the Board’s Rules and Regulations.
On
January 16, 2007, the Respondent entered into a settlement agreement, which was
approved on January 17, 2007, by the Acting Regional Director. The settlement agreement required the
Respondent to make employee Jeff Blair whole by payment to him of backpay by no
later than January 31, 2007.
The
settlement agreement contained the following clause concerning noncompliance by
the Respondent with the agreed-upon terms:
noncompliance with settlement agreement—The Charged Party
agrees that in case of non-compliance with any of the terms of this Settlement
Agreement by the Charged Party and after 15 days notice from the Regional
Director of the National Labor Relations Board of such noncompliance without
remedy by Charged Party, the Regional Director shall reissue the compliance
specification and notice of hearing thereon.
Thereafter, the General Counsel may file a motion for summary judgment
with the Board on the allegations of the compliance specification concerning
the allegations therein. The Charged
Party understands and agrees that the allegations of the aforementioned compliance
specification may be deemed to be true by the Board, that it will not contest
the validity of any such allegations, and the Board may enter findings,
conclusions of law, and an order on the allegations of the aforementioned
compliance specification. On receipt of
said motion for summary judgment, the Board shall issue an Order requiring the
Charged Party to show cause why said Motion of the General Counsel should not
be granted. The only issue that may be
raised in response to the Board’s Order to Show Cause is whether the Charged
Party defaulted upon the terms of this settlement agreement. The Board may then, without necessity of
trial or any other proceeding, find all allegations of the compliance
specification to be true and make findings of fact and conclusions of law
consistent with those allegations adverse to the Charged Party, on all issues
raised by the pleadings. The parties
further agree that the Board Order and a U.S. Court of Appeals Judgment may be
entered hereon ex parte.
By
letter dated January 18, 2007, the Respondent was sent a conformed copy of the
settlement agreement and advised to take the steps necessary to comply with
it. By letter dated February 27, 2007,
the Regional Director reminded the Respondent of its obligation to pay the
backpay owing under the terms of the settlement agreement and warned that its
failure to do so may result in the filing of a Motion for Summary Judgment.
The
Respondent has not submitted any of the backpay required under the terms of the
settlement agreement.
On
May 2, 2007, the Regional Director reissued the compliance specification
pursuant to the noncompliance provisions of the settlement agreement.
Subsequently,
on May 8, 2007, the General Counsel filed a Motion for Summary Judgment with
the Board. On May 9, 2007, 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 allegations in the motion 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
According
to the uncontroverted allegations in the Motion for Summary Judgment, the Respondent
has failed to comply with the terms of the settlement agreement by failing to
remit the agreed-upon backpay amount due discriminatee Jeff Blair. Consequently, pursuant to the noncompliance
provisions of the settlement agreement set forth above, we find that the allegations
of the compliance specification are true.3
Accordingly, we grant the General Counsel’s Motion for Summary Judgment.
On
the entire record, the Board concludes that the net backpay due discriminatee
Jeff Blair is as stated in the compliance specification, and we will order the
Respondent to pay him that amount, plus interest accrued to the date of
payment.
ORDER
The
National Labor Relations Board orders that the Respondent, Country Lane Construction,
Inc., Goshen, Indiana, its officers, agents, successors, and assigns, shall
make whole Jeff Blair by paying him $13,090, plus interest to be computed in
the manner set forth in New Horizons for
the Retarded, 283
Dated,
Wilma B. Liebman,
Member
Peter C. Schaumber, Member
Dennis P. Walsh, Member
(seal) National
Labor Relations Board