P & C Lighting Center, 958 (1992)

P & C Lighting Center, Inc. and International Brotherhood of Electrical Workers, Local 139, Annunity, Welfair, Pension and Education Funds. Case 3-CA-14751

March 31, 1992

SUPPLEMENTAL DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATT

On February 26, 1991, the National Labor Relations Board issued a Decision and Order in this proceeding1

in which it, inter alia, ordered the Respondent to make its bargaining unit employees whole for any losses suffered by them by reason of the Respondent's unlawful failure to adhere to the 1985-1990 collective-bargaining agreement, as well as to make whole individuals who were denied the opportunity to work for the Respondent because of the Respondent's unlawful refusal to continue using the Union's hiring hall. A controversy having arisen over the amounts due under the Board's Order, the Regional Director for Region 3 issued a compliance specification and notice of hearing on October 31, 1991. Subsequently, the Respondent filed an answer admitting in part and denying in part the allegations in the compliance specification.

On December 12, 1991, the General Counsel filed with the Board a Motion for Partial Summary Judgment, with exhibits attached. On December 24, 1991, 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 has failed to file a response to the Notice to Show Cause.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

On the entire record, the Board makes the following

Ruling on Motion for Partial Summary Judgment

The Respondent's answer, inter alia, generally denies the amounts due and the number of hours allegedly worked by each employee. To the extent that the answer generally denies the accuracy of the backpay figures, the answer fails to satisfy the requirements of Section 102.56(b) of the Board's Rules and Regulations, which provides in pertinent part:

[I]f the respondent disputes either the accuracy of the figures in the specification or the premises on which they are based, the answer shall specifically state the basis for such disagreement, setting forth in detail the respondent's position as to the applicable premises and furnish the appropriate supporting figures.

These matters are within the Respondent's knowledge and its failure to set forth fully its position as to the applicable premises or to furnish appropriate...

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