ITAL General Construction, 503 (1998)

ITAL General Construction, Inc. and its alter ego LATI Development, Inc. and Bricklayers & Allied Craftsmen, Local 11, AFL-CIO. Case 3- CA-20225

March 25, 1998

DECISION AND ORDER

BY CHAIRMAN GOULD AND MEMBERS FOX AND BRAME

Upon a charge filed by the Union on August 8, 1996, the General Counsel of the National Labor Relations Board issued a complaint on October 8, 1996, against ITAL General Construction, Inc. (Respondent ITAL), and its alter ego and single employer LATI Development, Inc. (Respondent LATI), collectively the Respondents, alleging that they had violated Section 8(a)(1) and (5) of the National Labor Relations Act. Copies of the charge and complaint were properly served on the Respondents. On October 8, 1996, a complaint and notice of Hearing issued in this proceeding, and copies were served upon the Respondents. Although the Respondents were duly notified that they were each required to file an answer, pursuant to Sections 102.20 and 102.21 of the Board's Rules and Regulations, and that if they failed to do so the Board would consider the allegations in the complaint to be admitted as true, neither Respondent filed an answer within the prescribed time. By certified mail on February 13, 1997, the General Counsel advised each of the Respondents that their failure to file an answer by the close of business on February 18, 1997, would bring about a Motion for Summary Judgment. On February 18, 1997, the Regional Office received a letter from Respondent LATI, and on February 19, 1997, the Regional Office received a letter from Respondent ITAL.

On February 21, 1997, the General Counsel filed a Motion for Summary Judgment, with exhibits attached, on the grounds that the letters and attachments filed by the Respondents do not constitute answers within the meaning of Section 102.20 of the Board's Rules and Regulations and were not served on the other party. On February 26, 1997, 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 Respondents did not file responses to the Motion for Summary Judgment or to the Notice to Show Cause.

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

Ruling on Motion for Summary Judgment

Section 102.20 of the Board's Rules and Regulations provides that the allegations in the complaint shall be

deemed admitted if an answer is not filed within 14 days from service of the complaint, unless good cause is shown. The Regional Office did not receive a response from either Respondent until more than 4 months after the service of the complaints. Respondent ITAL's response was not received by February 18, 1997, and was therefore also untimely under the extended time limits Respondents were given. Further, Section 102.21 requires that ''[i]mmediately upon the filing of his answer, respondent shall serve a copy thereof on the other parties.'' Neither Respondent served a copy of its purported answer on Bricklayers & Allied Craftsmen, Local 11, AFL-CIO, the other party to this case.

Additionally, Section 102.20 provides that ''[t]he respondent shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement acting as a denial.'' The letter received from Respondent LATI was written by its accountant, and only addressed issues related to corporate ownership. The letter received from Respondent ITAL similarly denies common ownership and directs the Board to a prior statement given to the Department of Labor at some unspecified time. Both letters fail to address specifically any of the facts alleged in the complaint, and address only the lack of common ownership, which was not disputed in the complaint. Finally, the Respondents made no claims that they are without knowledge regarding the complaint allegations. We find these letters to be insufficient to constitute answers to the complaint under Section 102.20 of the Board's Rules and Regulations because they do not specifically admit, deny, or explain each of the facts alleged in the complaint. See, e.g., O.P. Held, Inc., 286 NLRB 676 (1987).

In the absence of good cause being shown for the failure to file timely and proper answers that specifically address the complaint allegations, we grant the General Counsel's Motion for Summary Judgment.1

On the entire record, the Board makes the following

FINDINGS OF FACT

  1. JURISDICTION

    Respondent ITAL and Respondent LATI, New York corporations with offices and places of business at 507

    W. Commercial Street, East Rochester, New York, are engaged as brick and masonry contractors in the building and construction industry.

    1 Rocco Albano, the owner of Respondent ITAL, filed a response on behalf of his company, and John D. Behan, the accountant for Respondent LATI, filed a response on behalf of his client. Even treating Respondents as pro se, we find that their answers are insufficient under the Board's rules as applied to pro se Respondents. See, e.g., Physicians Answering Service, 306 NLRB 199 (1992).

    VerDate 11-MAY-2000 15:35 May 01, 2002 Jkt 197585 PO 00004 Frm 00503 Fmt 0610 Sfmt 0610 D:\NLRB\325.061 APPS10 PsN: APPS10

    During the 12-month period ending December 31, 1995, Respondent ITAL, in conducting its business operations as described above, provided services valued in excess of $50,000 for enterprises directly involved in interstate commerce. We find that the Respondent ITAL, and its alter ego and single employer Respondent LATI, as found below, are employers engaged in commerce within the meaning of Section 2(2), (6), and

    (7) of the Act. Bricklayers & Allied Craftsmen, AFLCIO, the Union, is a labor organization within the meaning of Section 2(5) of the Act.

  2. ALLEGED UNFAIR LABOR...

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