Frost-Whited Co., Inc.

AMERICAN COMPRESS WAREHOUSE 267 APPENDIX NOTICE Pursuant to a Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that: WE WILL NOT interfere with, restrain, or coerce you in the exercise of your right to self-organization by coercively interiogating you concerning union matters, by directly or indirectly threatening you with reprisals or withdrawal of benefits in the event of unionization, by promising, directly or indirectly, benefits in the event you abstain from unionization, by creating the impression of surveillance of union activities, and by encouraging or soliciting you to withdraw union membership. WE WILL, subject to lawful and reasonable regulations, allow nonemployee organizers access to those of you who reside on our premises, for the purpose of soliciting you on behalf of the Union during your free time, or of consulting, advising, meeting, or assisting you on your free time, in regard to your rights to self-organization. WE WILL, upon reasonable request, accord Hotel and Restaurant Employees and Bartenders International Union, Local 343, AFL-CIO, equal opportunity to reply to speeches we may make during working hours on company premises, directed against that Union, before the new election to be conducted by the National Labor Relations Board. WE WILL NOT in any other manner interfere with your right to make a free and untrammeled choice in any election conducted by the National Labor Relations Board. All of you are free to become or remain or to refrain from becoming or remaining, members of Hotel and Restaurant Employees and Bartenders International Union, Local 343, AFL-CIO, or any other labor organization. S. & H. GROSSINGER'S INC., Employer. Dated By (Representative) (Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. If employees have any question concerning this notice or compliance with its provisions, they may communicate directly with the Board's Regional Office, Fourth Floor, The 120 Building, 120 Delaware Avenue, Buffaio, New York, Telephone No. 842-2100. American Compress Warehouse, Division of Frost-Whited Company, Inc. and United Packinghouse, Food and Allied Workers, AFL-CIO. Cases Nos. 15-CA-1998 and 15-CA-2000. December 21, 1965 SUPPLEMENTAL DECISION AND ORDER On June 28, 1962, the National Labor Relations Board issued its Decision and Order in the above-entitled proceeding,1 finding, inter alia, that Respondent discriminatorily discharged Simon Littleton, 1137 NLRB 980. 156 NLRB No. 8. DECISIONS OF NATIONAL LABOR RELATIONS BOARD J. C. Comick, and James Sims, in violation of Section 8 (a) (3) and (1) of the National Labor Relations Act, as amended. Respondent was directed to make an offer of immediate and full reinstatement to the discriminatees to their former or substantially equivalent positions and to make them whole for any loss of pay suffered by reason of the discrimination against them. Thereafter, the Board's Order was enforced by the United States Court of Appeals for the Fifth Circuit.² Pursuant to a backpay specification and appropriate notice issued by Regional Director for Region 15, a hearing was held before Trial Examiner Benjamin B. Lipton for the purpose of determining the amount of backpay due the discriminatees. On August 24, 1965, the Trial Examiner issued his Supplemental Decision, which is attached hereto, in which he found that the discriminatees were entitled to the following payments: Simon Littleton, $2,557.31; J. C. Comick, $2,757.48; and James Sims, $3,043.43. Thereafter, the Respondent filed exceptions to the Trial Examiner's Supplemental Decision and a brief in support thereof. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel [Members Fanning, Brown, and Zagoria]. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the entire record in the case, including the Trial Examiner's Supplemental Decision, the exceptions, and briefs,³ and hereby adopts the findings, conclusions,4 and recommendations of the Trial Examiner. [The Board ordered that Respondent make whole Simon Littleton, J. C. Comick, and James Sims by payment to each of them of the amount set forth in the Trial Examiner's Supplemental Decision.] 2 N.L.R.B. V. American Compress Warehouse, Div. of Frost-Whited Co., Inc., 321 F. 2d 547 (C.A. 5), cert. denied 375 U.S. 968. 3 The Respondent excepted to the Supplemental Decision on the ground that the Trial Examiner manifested bias against the Respondent during the course of the hearing. Upon a careful examination of the entire record, we are satisfied that the contentions of the Respondent in this regard are without merit. 4 The Respondent excepts to the Trial Examiner's rulings granting the General Counsel's posthearing motion to strike Respondent's supplemental answer and allegedly denying Respondent the right to produce evidence or to make a full offer of proof in support of certain allegations of the supplemental answer. As the record shows that the relevant issues raised by the supplemental answer were in fact fully litigated and as we agree that the Trial Examiner's ultimate conclusion regarding Respondent's backpay liability is supported by the record, we find it unnecessary to pass upon his ruling granting the General Counsel's posthearing motion to strike the supplemental answer as failing to conform with Section 102.54(b) of the Board's Rules and Regulations. AMERICAN COMPRESS WAREHOUSE TRIAL EXAMINER'S SUPPLEMENTAL DECISION The sole purpose of this supplemental proceeding is to determine the amounts of backpay due three employees under the terms of the Board's Decision and Order,¹ enforced by the Fifth Circuit Court of Appeals.2 A hearing was held before Trial Examiner Benjamin B. Lipton in Shreveport, Louisiana, on February 24 and 25, 1965, based upon the Regional Director's backpay specification and Respondent's answer, as supplemented and amended. All parties were represented at the hearing and were afforded full opportunity to examine and cross-examine witnesses, to introduce evidence, to argue orally on the record, and to file briefs. The General Counsel and Respondent submitted briefs, which have been duly considered. Upon the entire record in the case, and from my observation of the witnesses, I make the following findings and conclusions: A. Motion to strike Respondent's answer, and general statement of the case In his brief, the General Counsel now moves for reconsideration of the rulings which denied General Counsel's previous motions to strike Respondent's original answer and supplemental answer and to grant judgment on the basis of the backpay specification.3 On October 30, 1964, Respondent filed its original answer to backpay specification. On December 7, 1964, the General Counsel filed a motion to strike portions of Respondent's answer and for judgment on the pleadings, asserting that Respondent indicated various general disagreements with the specification without showing in detail its affirmative positions and furnishing supporting material. On December 10, 1964, Associate Chief Trial Examiner Charles W. Schneider, deferring the scheduled hearing date, ruled that Respondent's answer failed "to set forth in detail his position as to the applicable premises and furnish the appropriate supporting figures as required by Board Rule 102.54(b)," and directed that Respondent file, by a certain date, an answer conforming to Rule 102.54(b)-in default of which, under Rule 102.54(c), the allegations of the backpay specification will be deemed admitted as true, Respondent shall be precluded from introducing any evidence controverting said allegations, and summary judgment will be entered against Respondent. On December 20, 1964, Respondent filed its supplemental answer, in which it emphatically affirmed and continued all contentions and positions in its original answer and, in addition, incorporated a copy of a letter dated July 9, 1964, written to Respondent's attorney by a compliance officer of the Board Regional Office, with certain attachments containing computations of gross and net backpay, which letter and attachments were adopted by Respondent as part of its supplemental answer.4 1 In the unfair labor practice proceeding, Respondent was found to have discriminated against Simon Littleton, J. C. Comick, and James Sims, in violation of Section 8(a) (3) and (1) of the Act,, and was ordered to offer these employees immediate and full reinstatement to their former or substantially equivalent positions, and to make them whole for any loss of pay they may have suffered by reason of the discrimination against them. 2 137 NLRB 980 (June 28, 1962), enfd. 321 F. 2d 547 (C.A. 5, August 13, 1963), rehearing denied September 23, 1963, cert. denied 375 U.S. 968 (January 6, 1964). 3 Section 102.54 of the Board's Rules and Regulations provides in pertinent part: Under (b) to all matters within the knowledge of the respondent, including but not limited to the computation of gross backpay, a general denial shall not suffice. As to such matters, if the respondent disputes the accuracy or the premises on which they are based, he shall specifically state the basis for his disagreement, setting forth in detail his position as to the applicable premises and furnish the approprate supporting figures." Under (c) the Respondent files an answer to the specification but fails to deny any allegation of the specification in the manner required by paragraph (b) of this section, and the failure to SO deny is not adequately explained, such allegation shall be deemed to be admitted to be true, and may be SO found by the Board without the taking of evidence supporting such allegation, and the respondent shall be precluded from introducing any evidence controverting such allegation." 4 In the supplemental answer, Respondent included a "preliminary statement," in which it asserted that Trial Examiner Schneider made "threatening and intimidating statements" in telegraphic communications to Respondent, that Respondent was denied procedural due process in connection with the General Counsel's motion to strike, and that the General Counsel and Trial Examiner are placed on notice that the courts "will ultimately have an opportunity to pass upon these matters." These assertions of prejudice are wholly without substance. DECISIONS OF NATIONAL LABOR RELATIONS BOARD The aforementioned letter of July 9, 1964, states as follows: Joe P. Mathews, Esq. Dallas Federal Savings Building Dallas, Texas Dear Mr. Mathews: At the conclusion of the June 10, 1964 conference in Mr. LeBus' office, you were advised that backpay computations would be made for each of the discriminatees and submitted to you at a later date. These backpay computations have now been completed. During various conferences and the exchange of numerous communications, the basis for computing the gross backpay of James Sims, J. C. Comick, and Simon Littleton was based upon gross backpay figures of potential earnings submitted by your office. These figures were used as the basis for various settlement efforts in these and the companion consolidated cases. However, for the purpose of computing the backpay in these cases applicable Board standards have been applied to determine the amount of backpay due each of the discriminatees involved herein.5 The gross backpay due seasonal employees James Sims and J. C. Comick was determined by taking the quarterly earnings of all seasonal employees in each of 1961, 1962, and 1963 seasons at the Shreveport and Natchitoches plants. The gross total earnings of the seasonal employees in each applicable quarter was then divided by the number of employees to determine the gross backpay for each quarter in the three seasons. The gross backpay for Simon Littleton covered the period from the date of the discharge until the offer of reinstatement. The total earnings of all regular employees for each quarter of the backpay period were totalled and divided by the number of employees in each quarter, thereby determining the gross backpay for each quarter. (See Attachments A and B) On the basis of the above, the net backpay due Littleton and Sims is as follows: Simon Littleton $2,450.62 James Sims 1,584.99 Regarding J. C. Comick, you are advised that we have in our possession a record of Comick's earnings from self-employment from June 20, 1961 through May 19, 1964. His self-employment was concerned particularly with the repair of radio, television, and electrical appliances and related activities. The cost of the materials used on various jobs was deducted from the amount received for a particular job to determine his profit on each job. The profit from each job during an applicable quarter was totalled to give his net income which was deducted from the gross backpay due in the applicable quarter of 1961, 1962, and 1963. The foregoing is illustrated by Attachment C hereto. As a result of the foregoing, the amount of backpay due J. C. Comick is $1,471.96, computed on a quarterly basis. Interest was not assessed because the Decision in this case issued prior to the requirement that 6% interest be added to backpay computations. Checks in the amounts of $2,450.62 for Simon Littleton, $1,584.99 for James Sims, and $1,471.96 for J. C. Comick should be forwarded to this office in their names, with the check stub or attachment thereto showing the amounts of withholding and social security taxes deducted from the gross amounts of the check. Yours very truly, (S) William W. Fox, Compliance Officer.⁶ On December 30, 1964, the General Counsel filed a motion to strike the supplemental answer and for judgment on the pleadings, stating that Respondent again failed adequately to "set forth in detail his position as to the applicable premises and furnish the appropriate supporting figures," and that the supplemental answer merely incorporates data submitted to Respondent by a compliance officer "in the settlement stages of the case, and the figures contained therein do not represent the Regional 5 It was not clarified whether or not the emphasis was inserted by Respondent. 6 As shown in the testimony, Fox became ill and the compliance functions in this case were taken over by John H. Hector, Jr., who pursued the investigation by examining Respondent's records at its home office with the assistance of an individual (Mr. Joseph) assigned by Respondent, and who was instrumental in preparing the instant backpay specification for the Regional Director. AMERICAN COMPRESS WAREHOUSE Director's position in this matter." On January 4, 1965, Trial Examiner Schneider ruled that Respondent's supplemental answer satisfied the requirements of Rule 102.54(b), and denied General Counsel's motion. At the commencement of the hearing before me, discussions were held on the record for the purpose of clarifying the positions of the parties and narrowing the issues. At the outset, it appeared that the combination of Respondent's original answer and supplemental answer presented certain inconsistencies and ambiguities. Further amendment of the supplemental answer, without objection, was accepted by me to reflect that Respondent's contentions in the original answer were retained only to the extent consistent with the supplemental answer. In addition, stipulations were entered into, e.g., fixing the basis and the amount of gross backpay due Littleton to conform with the specification, previously contested by Respondent, and agreeing to the mathematical accuracy of General Counsel's gross backpay computations regarding Comick and Sims. Respondent's business of compressing and warehousing of cotton is "largely seasonal." Some of the employees are retained on a year-round basis. Many additional employees are taken on when the cotton is harvested and processed, usually concentrated in the fall period. However, there are no clear or fixed classifications of regular, seasonal, and casual employees,7 and no definite period of seasonal employment. As found in the prior case, and as admitted in the pleadings, Littleton was a regular employee and Comick and Sims were seasonal employees.⁸ In the specification, the gross backpay for Comick and Sims is determined by obtaining an average of the earnings of comparable seasonal employees, on a quarterly basis, during the backpay period. Excluded from the averaging computations are (a) employees with short tenure and low earnings, considered in effect as casual employees, and (b) employees who worked substantially on a year-round basis, considered in effect as regular employees. As a general formula, the averaging procedure employed in the specification was not contested by Respondent. Respondent disagreed with the computation of the averages in that the employees with minimal tenure and earnings were excluded, and that "off season" earnings of the selected seasonal employees were included. Following the opening statements at the hearing, the General Counsel renewed the motion to strike and for judgment on the pleadings. The motion was then denied. From its supplemental answer, as amended and clarified, it was apparent that Respondent was relying upon the July 9 letter, with attachments, supra, which it received from Compliance Officer Fox, to show a specific position on gross backpay formula and to allege definite amounts of interim earnings and net backpay for the three claimants.9 In the trial of the case, Respondent offered no affirmative evidence in support of its contentions. As appears clear from the final record made, Respondent's essential response to the backpay specification was a belated espousal of the settlement proposal in the July 9 letter. Because the specification varied from the calculations in the July 9 letter, Respondent insistently argued that the specification was arbitrary and unreasonable. 10 It also sought to probe behind the specification, in a speculative 7 Respondent offered no evidence of such distinctions based on hiring or assignment of employees. 8 While Respondent in its answer admits that Comick was employed on a seasonal basis prior to his discrimination, it argued at the opening of the hearing that Comick was not a "normally recurrng seasonal employee," but his "correct classification" was that of a "casual" employee, and that, in effect, his backpay should be limited to the 1961 season. This position is inconsistent with Respondent's supplemental answer, which adopts the July 9 letter, supra, containing a full backpay period for Comick. Respondent does not pursue this argument in its brief. 9 The data underlying the July 9 letter, including the names and earnings of each of the seasonal employees, were certainly available to Respondent from its own records. And the same information was presumably known to the General Counsel in connection with the preparation of the July 9 letter. 10 Without addressing itself to particular evidence, Respondent charged that "something must be wrong" where the backpay specification differed from the July 9 letter by an amount of about $3,000. It may be noted, inter alia, that in the July 9 letter the backpay computations for Comick and Sims are carried only into the first quarter of 1964, while in the specification (containing backpay periods not in dispute) the computations are extended through the second quarter of 1964; in addition, Respondent stipulated the higher gross backpay of the specification for Littleton. DECISIONS OF NATIONAL LABOR RELATIONS BOARD attempt 11 to show that the specification "was nothing more than an arbitrary and capricious effort to inflict a greater penalty upon respondent than had been previously indicated by Mr. Fox." Nor did Respondent, after being allowed to file a supplemental answer, and to amend and clarify the same at the hearing, adhere to the positions advanced in its ultimate pleading. As set forth in the July 9 letter and attachments, supra, Respondent asserted specific amounts of interim earnings 12 and net backpay for the three claimants. However, as reflected infra, it persisted during the hearing and in its brief in raising substantive issues directly contrary to these very allegations in its supplemental answer. Conclusions It is beyond question that the July 9 letter to Respondent from a compliance officer, without the necessary review and final approval of the Regional Director or the Board, was merely a settlement offer, in no way binding upon the Board and not relevant as such as a defense to the backpay specification. 13 The specification, pursuant to the special provisions of the Board's Rules and Regulations,14 is the designed vehicle to litigate disputed questions of backpay. The nature of the backpay proceeding is materially different from that of the basic unfair labor practice case. In the backpay case, the general backpay liability of the respondent is already settled and the purpose is solely to determine, with proper procedural safeguards, the amounts to be awarded the claimants. With the primary function of the General Counsel diligently to assist in assembling the evidence and to show the gross amounts of backpay due, the burden rests upon the respondent to prove "facts which would negative the existence of liability to a given employee or which would mitigate that liability." 15 In computing gross backpay, the General Counsel is required only to select a method which "cannot be declared to be arbitrary or unreasonable in the circumstances involved." 16 The General Counsel, in connection with the motion in his brief to reconsider the previous denials of his motion to strike Respondent's answer and for judgment on the backpay specification, states, inter alia: The untimely clarification and explanation by Respondent of its answer did narrow the issues and more fully explain Respondent's position, but this belated tender did not meet the spirit or the letter of Section 102.54 (b) of the Board's Rules. Respondent clearly demonstrated it was reluctant to state specifically its disagreement with the backpay specifications. Granting Respondent the privilege of filing a frivolous and meaningless answer, accompanied by its attacks on the Board's processes and its unsupported claims of denial of due process, is a travesty of justice. The insincerity and frivolity of Respondent's amended answer is demonstrated by the fact that it filed a letter with attachments sent to Respondent in an attempt to settle this matter as its amended answer. If Respondent had accepted the offer these proceedings would have been completely unnecessary. 11 While cross-examining Compliance Officer Hector, who testified for the General Counsel in support of the specification. 12 The interim earnings set out in the supplemental answer are in fact duplicated in the backpay specification. 13 N.L.R.B. V. Armstrong Tire and Rubber Company, The Test Fleet Branch, 263 F. 2d 680, 682 (C.A. 5), and cases cited therein. See also Campbell Soup Company, 152 NLRB 1645; Ohio Scientific Products Corporation, 151 NLRB 460. 14 I agree with the General Counsel that Board Rule 102.54(b), supra, was, intended to limit the issues in backpay cases and to avoid litigation of issues not fairly joined in the pleadngs by the respondent. 15 E.g., Brown and Root, Inc., et al., 132 NLRB 486, 495 U.S. Air Conditioning Corp., 141 NLRB 1278, 1280, and court cases cited. 16 N.L.R.B. V. Brown & Root, Inc., etc., 311 F. 2d 447, 452 (C.A. 8). In the same context, the court stated: In solving the problems which arise in back pay cases the Board is vested with a wide discretion in devising procedures and methods which will effectuate the purposes of the Act Obviously, in many cases it is difficult for the Board to determine precisely the amount of back pay which should be awarded to an employee. In such circumstances the Board may use as close approximations as possible, and may adopt formulas reasonably designed to produce such approximations. AMERICAN COMPRESS WAREHOUSE Respondent was allowed a great amount of latitude to modify and clarify its answer to conform with the requirements of this proceeding. On its amended supplemental answer, which in outline appeared to suffice, it was permitted to proceed. That Respondent would come forward in the course of the trial with specific evidence in support of its stated contentions was then fairly to be assumed. However, Respondent produced no such evidence, nor, as seems clear, did it intend to do so. Rather, Respondent proceeded with irrelevant and speculative attacks on the backpay specification as being unaccountably at variance with the settlement offer contained in the July 9 letter. And more significantly, it plainly demonstrated in the actual trial and in its brief that its answer, even as finally amended, was a sham, in that it continued throughout to raise substantive issues directly at odds with its pleading. Moreover, there is substance in the General Counsel's assertions that Respondent was not conforming in good faith with the Board's Rules and Regulations and was indulging in an abuse of the Board's processes. The net effect of Respondent's entire course in the hearing was to disclose in retrospect the insufficiency of its answer to the specification. The General Counsel's motion now before me is found to have merit. Accordingly, Respondent's answer is stricken nunc pro tunc and judgment is granted on the basis of the specification, 17 the allegations of which are deemed to be admitted as true and are found to be fact without regard to the further evidence taken. 18 The resulting backpay awards would in any event be the same upon full consideration and evaluation of the evidence adduced in the record. The separate findings and conclusions thereon are described below. B. Simon Littleton The backpay period for Littleton, a regular employee, begins on September 27, 1961, and ends on June 29, 1964. As earlier shown, the quarterly amounts of his gross backpay under the specification 19 are not in dispute. Concerning interim earnings, the specification deducts from gross backpay in the first quarter of 1963 the amount of $55 earned by Littleton doing "yard work" for a Mrs. C. H. Williams. Littleton's wife regularly worked full time for Williams and, before his discrimination by Respondent, Littleton performed such yardwork for that family. The $55 reported was an accumulation of small amounts ($2 to $4) which he was given by Williams during the backpay period for yardwork on occasional Saturdays.20 Respondent in its brief makes contentions as follows: "Littleton was receiving $3 or $4 cash for one-half of a day's work [each Saturday] or the equivalent of approximately $8 for a full day, plus the other benefits bestowed upon him by the Williams. Littleton made no effort to earn $8 a day by doing yard work for other people. Littleton's wife was employed by the Williams. Anyone can quite obviously see that Littleton and his wife were able to satisfactorily live on the amount of money being received by them from the Williams and Littleton simply did not choose to apply himself to doing yard work for other persons. Littleton fully failed to exercise reasonable diligence to mitigate his loss of earnings due to his discharge from respondent." These contentions are rejected as specious and without foundation. The uncontradicted evidence plainly shows Littleton's diligent search for employment at all times material, including registration at the State Unemployment Office, resort to the union hall, and visits to specific companies.21 17 At the hearing the General Counsel indicated an inadvertent failure to include the earnings of two seasonal employees (Lewis B. Maiden and Thearthur Dawson) at the Shreveport plant in the computation of the averages for determining the gross backpay of Sims. The backpay specification is accordingly amended to reflect the correction, as shown in Appendix D, attached. 18 Section 102.54( of the Board's Rules. 19 See Appendix A, attached. 20 Particularly during the time he was unemployed, Littleton and his wife received from Williams groceries, clothes, and shoes. 21 As the specification deducts the $55 as interim earnings, I do not pass upon whether this amount would be nondeductible as "supplemental income," since it appears that Littleton also performed such yardwork for Williams while he was employed with Respondent. See Miami Coca-Cola Bottling Company, 151 NLRB 1701. 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD C. Backpay formula for the seasonal claimants The formula utilized in the specification to determine gross backpay for Comick and Sims is computed by taking the average earnings in the backpay period of employees who "furnish an appropriate measure of earnings which [Comick and Sims] would have made in each respective quarter and by dividing that total by the number of those employees who worked in each respective quarter." Respondent does not question the basic averaging formula, but challenges the specification essentially on two grounds: (a) the failure to include in the averaging computations those employees who had "very low earnings or a short tenure of employment,22 and (b) the inclusion in the averaging computations of earnings in the first or second calendar quarters of any year in the backpay period, referred to as "off season" quarters. Under the enforced Order, Comick and Sims are required to be made whole for any loss of earnings resulting from Respondent's discrimination against them. The gross amount of such loss may be fairly determined by averaging the earnings of employees whose seasonal employment during the backpay period was comparable to that which those claimants would have had, absent the discrimination. Admittedly, Comick worked at the Natchitoches plant on a seasonal basis sporadically since 1943, and had been employed the full year of 1959-60.23 Sims was employed at the Shreveport plant seasonally since 1949. Both were specifically held to be seasonal employees by the Board and the court, supra. As earlier discussed, while the season is normally concentrated in the third and fourth quarters, there is no basis in the record for limiting the period of seasonal employment to the end of the fourth quarter. 24 Nor, on the evidence, are the employees distinguished or classified by Respondent as regular, seasonal, or casual. In the averaging computations, the General Counsel also excluded a large number of employees who appeared, from the extent of their employment throughout the year, to be regular employees. Those employees who were excluded because of low earnings and short tenure were regarded by the General Counsel as in effect casual employees 25 From my examination of the backpay specification and the working papers of the General Counsel, in evidence, the elimination from the averages of both these groups is reasonably uniform and accurate. Respondent contends that the General Counsel's computations should be based upon evidence of actual earnings of Comick and Sims as compared with the earnings of all other seasonal employees prior to the discrimination. More specifically, it states that the General Counsel failed to show that Comick or Sims (a) were ever held over from the end of one season into the first and second quarters of the following year (as an argument that they would not have received work in the "off season" quarters of the backpay period), 26 and (b) earned as much as $150 per year (as an argument against the General Counsel's exclusion from the averages of employees with minimal earnings). Suffice it to hold that the General Counsel was not bound to furnish this kind of proof. Enough was established by the General Counsel to meet his burden of showing the gross amounts of backpay due these claimants. For its part, Respondent, having all the necessary data, offered no evidence whatsoever in support of its contentions. A substantial amount of employment was available to seasonal employees in the first and second calendar quarters during the backpay period, and it is fair to infer on this record that Comickand Sims would have received such work, but for the discrimination. Accordingly, I conclude and find that the method employed in the specification of computing the gross backpay of Comick and Sims was reasonable and equitable. 22 As testified, generally any employee who worked less than 1½ weeks or who earned less than $60 was excluded. Most of the exclusions consisted of employees who had earnings of merely $15 to $40. The highest earnings of an excluded employee were $134.56, although Compliance Officer Hector estimated a limit of $150. However, about 75 or 80 percent of those excluded fell "way below" that figure. 23 As found in the prior case, Comick, with other seasonal employees, had been laid off in the 1960 season, and was discriminatorily denied reemployment in the fall of 1961. 24 For example, the evidence discloses that among the employees hired in the fall season of 1963, there were 35 employees at Shreveport and 30 employees at Natchitoches who were retained at work into the first and second quarters of 1964. 25 Cf., e.g., Ozark Hardwood Company, 119 NLRB 1130, 1158. 26 Despite the evidence that Comick and Sims were seasonal employees of long tenure, that Comick had worked the full year of 1959-60, and that Sims, for example, had earnings of $224.64 in the first quarter of 1961. AMERICAN COMPRESS WAREHOUSE D. Interim earnings of J. C. Comick Comick's backpay period begins with the season's opening in the fall of 1961 and ends September 14, 1964.27 Respondent raises two issues: (a) Comick was not available for work during the third and fourth quarter of 1961 because he was occupied during such time as a local union representative. (b) In late July 1961, by enrolling in a trade school and thereafter by regularly attending classes, Comick effectually removed himself from the labor market during the entire backpay period. 28 Comick testified specifically that he was not in the employ of the Union; the record in the prior case, cited by Respondent, does not show that he was so employed, and no other basis appears to hold that Comick's union activities in the third and fourth quarters of 1961 rendered him unavailable for work. From 1961 throughout the backpay period, Comick attended a public trade school for training in the repair of home radio and television sets. During the backpay period, from the outset, he was also self-employed. Initially, he performed electrical repair work from his shop at home. In February 1963 he opened a shop at a separate location and began business in radio and television repair. Trade school classes of 6 hours a day commenced at 7 a.m. He engaged in his repair work in the evening after school. He_could and did obtain a "drop" from school when necessary for purposes of private employment.20 It does not follow, as contended, that Comick's _enrollment in the public school rendered him unavailable for employment, or prevented him from diligently seeking suitable work to mitigate Respondent's liability for backpay.30 He was registered with the U.S. Employment Service, and reported there weekly during the third and fourth quarters of 1961, although he was never referred to a job. In sum, I find Respondent's contentions without merit. E. Interim earnings of James Sims 31 The backpay period begins at the opening of the season in the fall of 1961 and ends October 5, 1964.32 Sims' sole interim earnings were obtained from picking and chopping cotton when such work was seasonably available. His uncontroverted testimony reflects a diligent search for employment throughout the backpay period, in applying at specific companies in the general area and in utilizing a Government "Employment Office." Sims has a nervous speech impediment which was in issue in the prior case (heard in January 1962). In finding the alleged discrimination, the Board rejected Respondent's claim that it did not rehire Sims for the 1961 fall season because of his speech difficulty. The Board decision pointed out particularly that "If Sims had actually been as much as a hazard to himself and others as [Respondent] depicted, there is no explanation as to why he had been recalled repeatedly each season for the past 12 years." Respondent in its brief contends that Sims' acceptance of certain Government disability benefits constitutes an admission by him that he was not capable of working and that all such periods of unavailability for work should be excluded in computing his backpay herein. The record, on Sims' testimony, reveals the following: In the summer, about August, of 1961 (preceding his discrimination by Respondent), Sims spent 18 days in a Veterans' Administration hospital for "nerve treatment," following which he began receiving from the VA disability benefits in the amount of $85 a month. In November 1962 Sims received from the Social Security Administration a retro- 27 Attached as Appendix B are the computations in the specification 28 It is noted that, in part, this contention is refuted by the Board finding that Comick was discriminated against in the fall of 1961 when his application for work was refused by Respondent. 29 In September 1964 Comick accepted reinstatement with Respondent and ceased attendance at the trade school. 30 It is reasonable to assume that his efforts to learn a trade served to enhance his earnings at self-employment and redounded to Respondent's benefit in lowering his net backpay. See Appendix B. 31 See Appendix C, attached, for computations in the specification, as corrected. 32 The specification, for unexplained reasons, computes and claims backpay for Sims and Comick only through the second quarter of 1964. As of the time of the hearing, Respondent's obligation to reinstate these claimants was apparently satisfied. It is assumed, therefore, that the specification is intended to liquidate all backpay claims under the terms of the enforced Order. 217-919-66-vol. 156-19 DECISIONS OF NATIONAL LABOR RELATIONS BOARD active check for disability benefits of $69 per month for the period from October 1, 1961, through November 15, 1962. Since then he has been receiving disability checks of $70 a month from the Veterans' Administration.³³ Sims answered negatively in response to questions of Respondent-whether his inability to work during the backpay period was caused "in any way" by his "health condition," and whether he was expressly refused any employment because of such condition. He actually worked during this period in picking and chopping cotton, as shown. And Respondent offered him employment to begin on October 5, 1964. The essential question to be determined is whether Sims was in fact unable physically to engage in substantial gainful employment at any time during the backpay period. The findings in the previous case and the positive evidence in the present case indicate the contrary. Respondent carries the burden of proof on this issue. It furnished no evidence, nor offered any rationale, to describe the precise bases for the disability benefits Sims received from the Veterans' Administration and the Social Security Administration,³⁴ beyond the broad contention that accepting these benefits was an admission by Sims of inability to work. Also to be considered is Respondent's supplemental answer, appending the July 9 letter, supra, which reflects its position as a pleading that, during the entire backpay period, Sims was available for work and that he did in a fact work in part. On the state of this record, Respondent's contention must be denied. CONCLUSIONS AND RECOMMENDATIONS Upon the basis of the foregoing findings, and the entire record in the case, it is concluded that the employees named below are entitled to backpay in the amounts listed opposite their names, with interest at 6 percent per annum on each of the quarterly sums found due herein from the end of each calendar quarter, 35 less the tax withholding required by Federal and State laws. Simon Littleton $2, 557. 31 J. C. Comick 2, 757. 48 James Sims 3, 043. 43 It is recommended that the Board adopt these findings and conclusions, and order the Respondent, its officers, agents, successors, and assigns, to pay the sums indicated. 33 Sims testified that the monthly $85 payments from VA were "cut" from the time he began "receiving these $69 from the Social Security." While it is not entirely clear, I do not construe the testimony to show that Sims was receiving disabilty benefits concurrently from both VA and Social Security Administration. 34 The findings of these agencies are not revealed. I need not pass upon the extent to which the Board would give effect to such determinations of other Federal administrative agencies. 35 Isis Plumbing & Heating Co., 138 NLRB 716; Local 138, International Union of Operating Engineers, AFL-CIO, and Thomas A. Eichacker (Nassau and Suffolk Contractors' Association, Inc., et al.), 151 NLRB 972. Based upon the principles enunciated in these cases, no reason appears why such interest should not accrue, on the quarterly basis, in accordance with the formula prescribed in the Isis case. APPENDIX A Simon Littleton Littleton's backpay period begins on September 27, 1961 and ends on June 29, 1964. 4th quarter 1961, 9/26-1/1/62: Gross backpay $798. 53 Interim earnings: None. Net interim earnings 00. 00 Quarterly net backpay 798. 53 1st quarter 1962, 1/2-3/26/62: Gross backpay 597. 61 Interim earnings: None. Net interim earnings 00. 00 Quarterly net backpay 597. 61 AMERICAN COMPRESS WAREHOUSE 277 APPENDIX A-Continued 2d quarter 1962, 3/27-6/25/62: Gross backpay $495. 29 Interim earnings: City of Shreveport, 4/27-6/25/62 $551. 26 Net interim earnings 551. 26 Quarterly net backpay (1) 3d quarter 1962, 6/26-9/24/62: Gross backpay 541. 49 Interim earnings: City of Shreveport, 6/26-9/24/62 620. 16 Net interim earnings 620. 16 Quarterly net backpay (1) 4th quarter 1962, 9/25-1/7/63: Gross backpay 736. 00 Interim earnings: City of Shreveport, 9/25-11/20/62 342. 72 Southern Builders, Inc 14.60 Net interim earnings 357.32 Quarterly net backpay 378. 68 1st quarter 1963, 1/8-3/25/63: Gross backpay 588. 51 Interim earnings: Southern Builders, Inc 71. 18 Mrs. C.H. Williams (yard work) 55.00 Net interim earnings 126. 18 Quarterly net backpay 462. 33 2d quarter 1963, 3/26-6/24/63: Gross backpay 567. 62 Interim earnings: Southern Builders, Inc 437. 10 L. P. Stevens 58. 13 The Werner Company, Inc 106. 78 Net interim earnings 602. C1 Quarterly net backpay (1) 3d quarter 1963, 6/25-9/30/63: Gross backpay 752. 16 Interim earnings: Southern Builders, Inc - 76.26 L. P. Stevens 22.51 The Werner Company, Inc 120. 94 Isbell Construction Co 406.49 T. L. James & Company, Inc 115.65 Net interim earnings 751. 85 Quarterly net backpay - 31 4th quarter 1963, 10/1-12/31/63: Gross backpay 1,040.66 Interim earnings: Southern Builders, Inc., 10/1-12/31 723. 10 Net interim earnings 723. 10 Quarterly net backpay 317. 56 See footnote at end of table. DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A-Continued 1st quarter 1964, 1/1-3/30/64: Gross backpay $581. 96 Interim earnings: Southern Builders, Inc., 1/1-3/30/64 $653. 88 Net interim earnings 653. 88 Quarterly net backpay (1) 2d quarter 1964, 3/31-6/29/64: Gross backpay 633. 60 Interim earnings: Southern Builders, Inc., 3/31-6/29/64 631. 31 Net interim earnings 631. 31 Quarterly net backpay 2.29 Total net backpay due to Littleton $2, 557. 31 1 Earnings exceed backpay. APPENDIX B J. C. Comick Comick's backpay period begins with the opening of the 1961 fall compressing and storing season at Respondent's Natchitoches plant and ends September 14, 1964. 3d quarter 1961: Gross backpay $183. 37 Interim earmimgs: Radio and television repair $188. 83 Expenses: Materials utilized in radio and television repair 94. 33 Net interim earnings 94.50 Quarterly net backpay 88.87 4th quarter 1961: Gross backpay 489. 08 Interim earnings: Radio and television repair 4.00 Expenses: Materials utilized in radio and television repair 2.00 Net interim earnings 2.00 Quarterly net backpay 487. 08 1st quarter 1962: Gross backpay 252. 16 Interim earmings: Radio and television repair 58.00 Expenses: Materials utilized in radio and television repair 28.50 Net interim earnings 29. 50 Quarterly net backpay 222. 66 2d quarter 1962: Gross backpay 149. 77 Interim earnings: Radio and television repair 71. 50 Expenses: Materials utilized in radio and television repair 40.95 Net interim earnings 30. 55 Quarterly net backpay 119. 22 3d quarter 1962: Gross backpay 163. 03 Interim earnings: Radio and television repair 96. 50 Expenses: Materials utilized in radio and television repair 42. 75 Net interim earnings 53. 75 Quarterly net backpay 109. 28 AMERICAN COMPRESS WAREHOUSE 279 APPENDIX B-Continued 4th quarter 1962: Gross backpay $358. 37 Interim earnings: Radio and television repair $73.00 Expenses: Materials utilized in radio and television repair 23.00 Net interim earnings 50.00 Quarterly net backpay 308. 37 1st quarter 1963: Gross backpay 43. 39 Interim earnings: Radio and television repair 82. 05 Expenses: Materials utilized in radio and television repair 35. 20 Net interim earnings 46. 85 Quarterly net backpay (1) 2d quarter 1963: Gross backpay 36. 10 Interim earnings: Radio and television repair 194. 10 Expenses: Materials utilized in radio and television repair 97. 45 Net interim earnings 96. 65 Quarterly net backpay (1) 3d quarter 1963: Gross backpay 386. 49 Interim earnings: Radio and television repair 135. 35 Expenses: Materials utilized in radio and television repair 53. 33 Net interim earnings 81. 80 Quarterly net backpay 304. 69 4th quarter 1963: Gross backpay 695. 03 Interim earnings: Radio and television repair 225. 50 Expenses: Materials utilized in radio and television repair 81. 25 Net interim earnings 144. 25 Quarterly net backpay 550. 78 1st quarter 1964: Gross backpay 421. 36 Interim earnings: Radio and television repair work 150. 57 Expenses: Materials utilized in radio and television repair 62. 80 Net interim earnings 87. 77 Quarterly net backpay 333. 59 2d quarter 1964: Gross backpay 358. 04 Interim earnings: Amulet Radio & TV 86. 30 Radio and television repair 60.00 146. 30 Expenses: Materials utilized in radio and television repair 21. 20 Net interim earnings 125. 10 Quarterly net backpay 232. 94 Total net backpay due to Comick $2, 757. 48 1 Earnings exceed backpay. DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX C James Sims James Sims' backpay period begins with the opening of the 1961 fall compressing and storing season at Respondent's Shreveport, Louisiana, plant and ends October 5, 1964. 4th quarter 1961: Gross backpay $523. 53 Interim earnings: None. Net interim earnings 00.00 Quarterly net backpay 523. 53 1st quarter 1962: Gross backpays 303. 95 Interim earnings: Chopping cotton $53. 00 Net interim earnings 53.00 Quarterly net backpay 250. 95 2d quarter 1962: Gross backpay 256. 49 Interim earnings: None. Net interim earnings 00. 00 Quarterly net backpay 256. 49 3d quarter 1962: Gross backpay 98. 51 Interim earnings: Cotton picking 75. 00 Net interim earnings 75.00 Quarterly net backpay 20.81 4th quarter 1962: Gross backpay 335. 25 Interim earnings: None. Net interim earnings 00. 00 Quarterly net backpay 335. 25 1st quarter 1963: Gross backpay 379. 89 Interim earnings: None. Net interim earnings 00. 00 Quarterly net backpay 379.89 2d quarter 1963: Gross backpay 313. 68 Interim earnings 125. 00 Net interim earnings 125. 00 Quarterly net backpay 188. 68 3d quarter 1963: Gross backpay 183. 97 Interim earnings: Picking cotton, Baceville, La 219. 00 Net interim earnings 219. 00 Quarterly net backpay (1) 1 Earnings exceed backpay. AMERICAN COMPRESS WAREHOUSE APPENDIX C-Continued 4th quarter 1963: Gross backpay $521.05 Interim earnings: None. Net interim earnings 00.00 Quarterly net backpay 521. 05 1st quarter 1964: Gross backpay 229.89 Interim earnings: None. Net interim earnings 00.00 Quarterly net backpay 229.89 2d quarter 1964: Gross backpay 336.89 Interim earnings: None. Net interim earnings 00.00 Quarterly net backpay 336.89 Total net backpay due to Sims $3, 043. 43 APPENDIX D Shreveport Seasonal Employees, 1961 Names: 4th quarter 1. T. C. Wilson $498. 43 2. Bulow Gant 628. 12 3. John Houston, Jr 521. 83 4. Geo. Ansley 619. 69 5. Robert Brown 661. 54 6. Robert J. Williams 494. 92 7. Edward Graham 560. 73 8. Albert Brown 255. 36 9. Roy Sims Agneys 382. 59 10. Theodore Patcher 692. 01 11. Ray Jackson 443. 61 Total quarterly earnings $5, 758. 83 Number of employees 11 Quarterly gross backpay $523.53 Shreveport Seasonal Employees, 1962 Quarter Names 1st 2d 3d 4th T. L. Wilson $00. 00 $00. 00 $32. 76 $432.6 67 Bulow Gant 249. 46 00.00 00.00 00.00 John Houston 00.00 00.00 00.00 00.00 Walter Evans 00.00 00.00 00.00 483. 01 Geo. Ansley 154. 38 00. 00 00.00 00.00 Robert Brown 580. 78 604. 86 575. 20 775. 52 Robert J. Williams 00.00 00.00 00. 00 00.00 Edward Graham 217. 62 00.00 00.00 00.00 Robert Mawley 00.00 00.00 00. 00 00.00 Roy Sims Agneys 235. 47 46. 81 37.44 320. 01 Theodore Patcher 495. 35 117. 81 68. 30 421.87 Ray Jackson 194. 64 00.00 00.00 220. 85 Omer D. Hicks 00.00 00.00 552. 00 841. 80 Willie Washington 00.00 00.00 29.75 461. 24 Harold Graham 00.00 00.00 44. 17 394. 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX D-Continued Shreveport Seasonal Employees, 1962 Quarter Names 1st 2d 3d 4th Jessie Wyatt $00. 00 $00.00 $26.33 $183. 11 Owen Gilliam 00.00 00.00 26.62 448. 48 Archie Lee Graham 00.00 00.00 15.80 394. 60 John Faulkner 00.00 00.00 27. 20 470. 35 Billie Arnold 00.00 00.00 16.07 395. 90 James Lee Stedman 00. 00 00.00 5.85 183. 48 James Hudson 00.00 00.00 15. 21 184. 29 Harry G. Kieth 00.00 00.00 4.97 272. 03 Murray Cummings 00.00 00.00 00. 00 300. 40 Tommy Jefferson 00.00 00.00 00. 00 360. 17 Ben Johnson, Jr 00.00 00.00 00. 00 451. 15 Exter O'Neal 00.00 00.00 00.00 315. 70 Andrew Wilson 00.00 00.00 00. 00 70. 20 Sherden H. Pritchett 00.00 00.00 00. 00 164. 47 Lewis B. Maiden 00. 00 0.00 00. 00 54. 40 Jack Bryant 00.00 00.00 00. 00 287. 91 Thearthur Dawson 00.00 00.00 00. 00 48. 26 Leroy Byrd 00.00 00.00 00.00 260. 92 James Bryant 00.00 00.00 00. 00 203. 30 Harry T. Ryan 00.00 00.00 00. 00 322. 13 Total quarterly earnings 2,127.70 769. 48 1,477.67 9, 722. 32 Number of employees 7 3 15 29 Quarterly gross backpay $303. 95 $256. 49 $98. 51 $335. 25 Shreveport Seasonal Employees, 1963 Quarters Names 1st 2d 3d 4th T. C. Wilson $336. 17 $00.00 $80. 78 $806. 89 John Houston, Jr 00.00 00.00 273. 29 688. 60 Robert Brown 642.98 575. 70 838. 90 1,109.47 Roy Sims Agneys 00.00 00.00 251. 26 646. 88 Ray Jackson 00.00 00.00 126. 88 703. 44 Omer D. Hicks 703. 80 657. 80 00. 00 00. 00 Willie Washington 94.86 160. 16 726. 15 1,028.80 Owen Gilliam 364. 40 00.00 145. 94 00. 00 Archie Lee Graham 252. 13 263. 83 229. 38 960. 49 John Faulkner 00. 00 318. 30 561. 25 288. 44 Billie Arnold 00.00 00.00 00.00 666. 80 James Hudson 00.00 00.00 43.75 00. 00 Ben Johnson 00. 00 127.04 331. 68 545. 90 Exter O'Neal 264. 83 92.90 261. 73 784. 38 Leroy Byrd 00. 00 00.00 166. 26 711. 89 Lewis B. Maiden 00.00 00.00 228. 75 621. 87 James Bryant 00. 00 00.00 68.75 00. 00 Thearthur Dawson 00.00 00.00 145. 15 109. 38 Harry T. Ryan 00.00 00.00 123. 29 556. 27 Charles D. Byrd 00.00 00.00 30.00 885. 64 Willie Ellison 00. 00 00.00 30.63 398. 60 Oscar Shelton 00.00 00.00 205. 50 569. 54 Ajber M. Thames 00. 00 00.00 643. 33 739. 14 DeWitt C. Woods 00.00 00.00 322. 50 738. 75 AMERICAN COMPRESS WAREHOUSE 283 APPENDIX D-Continued Shreveport Seasonal Employees, 1963 Quarters Names 1st 2d 3d 4th Lewis P Barber, Jr $00 00 $00 00 $289 16 $621 51 Jimmie Adams 00 CO 00 00 270 01 792 35 Elijah McKnight, Jr 00 00 00 00 243 76 413 44 Leroy Carey 00 00 00 00 209 38 694 70 James Rayson 00 00 00 00 203 92 513 59 Frank Copeland 00 00 00 00 146 87 595 79 Birdett Simmons 00 00 00 00 160 62 548 91 Jessie Scott 00 00 00 00 197 19 00 00 Charles M. Lacobee 00 00 00 00 199 69 427 51 Joe Jackson, Jr 00 00 00 00 225 94 858 32 Clarence Rayson 00 00 00 00 36 35 00 00 Melvin Cary 00 00 00 00 154 22 538 92 Joe McFarland 00 00 00 00 141 56 513 10 Elijhb Leveston 00 00 00 00 155 78 535 17 Dan Carter 00 00 00 00 171 88 276 41 John H. Dotson 00 00 00 00 140 78 851 75 Michael T Pyles 00 00 00 00 193 76 234 38 Jessie J. Okce 00 00 00 00 190 47 447 82 Noah Nash 00 00 00 00 30 00 182. 20 Claudie Elder 00 00 00 00 149 69 567 52 Curtis Bolden 00 00 00 00 127 97 566 42 Argie B Terrell 00 00 00 00 151 88 406 73 Albert Magee 00 00 00 00 00 00 00 00 Geo Thomas 00 00 00 00 127 03 798 45 David M Cooper 00 00 00 00 101 41 178 13 Homer Warren, Jr 00 00 00 00 189 23 837 52 Richard Page 00 00 00 00 97 19 208 60 James Pettaway 00 00 00 00 91 09 553 30 Major Blackmon 00 00 00 00 82 66 810 79 R. C. Williams 00 00 00 00 95 31 856 74 James Rasberry 00 00 00 00 51 25 546 27 Win Ed Burton 00 00 00 00 43 44 615 01 W T Jackson 00 00 00 00 43. 44 205 31 O B. Mathews 00 00 00 00 30 94 157 02 Lee Arthur Cooper 00 00 00 00 31 56 149 23 Allen Johnson, Jr 00 00 00 00 27 19 299 69 Willie Fred Brown 00 00 00 00 35 31 224 53 Alfred Williams 00 00 00 00 00 00 17 19 James Draper CO 00 00 00 00 00 182 19 M C Terrell 00 0C 00 00 00 00 186 25 Reuben Hall 00 00 00 00 00 00 239 53 Willie Ford 00 00 00 00 00 00 462 19 Geo Draghn 00 00 00 00 00 00 384 07 Tommy Mosely 00 00 00 00 00 00 492 67 A. C Bryant 00 00 00 00 00 00 514 38 Willie Lee 00 00 00 00 00 00 47 50 Add Myers 00 00 00 00 00 00 685 03 David Chatman 00 00 00 00 00 00 471 42 Mack Ansley 00 00 00 00 00 00 583 61 Curtis Cary 00 00 00 00 00 00 462 97 Richard Faulkner 00 00 00 00 00 00 497 20 Marvin O. Shaw, Jr 00 00 00 00 00 00 138 00 Total quarterly earnings 2, 659 17 2, 195 73 10, 670 29 35, 952 52 Number of Employees 7 7 58 69 Quarterly gross backpay $379 89 $313 .68 $183 97 $521 05 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX D-Continued Shreveport Seasonal Employees, 1964 Quarters Names 1st 2d T. C. Wilson $299.7 70 $460. 32 John Houston, Jr 120. 00 100. 32 Robert Brown 756. 09 706. 32 Roy Sims Agneys 91. 88 40. 63 Ray Jackson 117. 19 00. 00 Willie Washington 223. 96 304. 32 Archie Lee Graham 327. 51 00. 00 Billie Arnold 324. 54 257. 20 Exter O'Neal 141. 26 00. 00 Leroy Byrd 96. 56 80. 63 Charles D. Byrd 645. 26 702. 00 Oscar Shelton 43. 44 00. 00 De Witt C. Woods 668. 75 698. 75 Jimmie Adams 155. 63 00. 00 James Rayson 61. 25 00. 00 Frank Copeland 12. 19 00. 00 Birdett Simmons 176. 09 00. 00 Charles M. Lacobee 00. 00 50.00 Joe Jackson, Jr 200. 16 00. 00 Melvin Cary 96. 88 00. 00 Elijhb Leveston 116. 41 140. 78 John H. Dotson 328. 13 523. 60 Claudie Elder 122. 19 00. 00 George Thomas 94. 38 00. 00 Homer Warren, Jr 405. 79 00. 00 Richard Page 51. 25 174. 84 Major Blackmon 119. 07 00.00 R. C. Williams 363. 44 311. 88 Tommy Mosely 400. 59 588. 96 Add Myers 140. 16 84. 07 Curtis Cary 96. 88 00.00 Richard Faulkner 147. 62 00. 00 Marvin O. Shaw, Jr 264. 00 00. 00 Don Robert Morgan 378. 00 702. 00 Walter Thatcher, Jr 00. 00 137. 50 Total quarterly earnings 7,586.25 6, 064. 12 Number of employees 33 18 Quarterly gross backpay $229.89 $336.89 Quarterly Sum 1961-4th Quarter $523.53 1962- 1st Quarter 303. 95 2d Quarter 256. 49 3d Quarter 98. 51 4th Quarter 335. 25 1963- 1st Quarter 379. 89 2d Quarter 313. 68 3d Quarter 183. 97 4th Quarter 521. 05 1964 1st Quarter 229. 89 2d Quarter 336. 89 3, 483. 10