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The National Labor Relations Board came to a decision and made an order for the respondent Crystal Soda Water Co, Inc. that due to their unfair labor practices they should make whole its unit employees for any loss of earnings and any benefits suffered on November 10 2011. There was controversy on the amount of back pay to employees and was in fact a violation of Section 8(1) and (a5) of the Act. The respondent was required by the board to give an answer to the compliance specification within the required time, which was July 20 2012 and if not a motion of default, judgment would be passed (NLRB, 2012).
By August, the board claimed they did not receive an answer to compliance specification on time and the Acting General Counsel filed a motion for default judgment. He later filed a supplement to the motion stating that the respondent had indeed responded to the compliance specification stating that the respondent does not challenge the presented figures and that they did not have the funds to satisfy the amount owed (United States, 1936). The supplement was also presented to push for a summary judgment instead of a default judgment. According to section, 102.56(b) and (c) state that:
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i.The contents of an answer to specification: the answer shall specifically deny, accept or explain the allegations presented unless the respondent is unaware and in which case it should be stated (NLRB, 2012).
ii. Effects of failure to answer or give a specific plead in detail to allegations of back pay specification. If the respondent does not file an answer to the specification on time, the board may find the allegations true and the appropriate order is to be made. If an answer has been made but fails to deny allegations presented, and is not adequately explained, the allegations shall be deemed as true (NLRB, 2012).
In this case, the respondent failed to deny the allegations presented but only stated that they were unable to pay the amounts in the compliance specification. The decision made in this case cannot only affect my life but others as well as it will give you an idea about the importance of following the set labor rules and regulations.
