Golay & Co., Inc.

LEE CYLINDER Lee Cylinder Division of Golay & Co., Inc., Special Products Division of Golay & Co., Inc., Chore Boy Division of Golay & Co., Inc. and Interna- tional Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW. Cases 25-CA-1669-1, 25-CA-1669-2, and 25-CA-1669-3 June 30, 1970 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS FANNING, BROWN, AND JENKINS On February 4, 1966, the National Labor Rela- tions Board issued a Decision and Order in the above-entitled proceeding,' finding that Lee Cylinder Division of Golay & Co., Inc., Special Products Division of Golay & Co., Inc., Chore Boy Division of Golay & Co., Inc. (hereinafter called Respondent), had engaged in certain unfair labor practices within the meaning of the National Labor Relations Act, and directing, inter alia , that the Respondent offer immediate and full reinstatement to certain employees and directing further that the Respondent make whole the reinstated employees for any loss of pay they may have suffered. Thereafter, the Board's Order was enforced by the United States Court of Appeals for the Seventh Cir- cuit.2 On January 10, 1969, the Regional Director for Region 25 issued a backpay specification and notice of hearing. The Respondent filed an answer to the backpay specification on February 24, 1969, and thereafter filed an amended answer on April 25, 1969. Pursuant to notice, a hearing was held on various dates between April 28 and May 21, 1969, before Trial Examiner William J. Brown to determine the amounts of backpay. On October 17, 1969, the Trial Examiner issued his Supplemental Decision attached hereto, in which he awarded specific amounts of backpay to 45 discriminatees and in which he made certain other conclusions and findings. Thereafter, the Respondent and the General Counsel filed exceptions to the Trial Ex- aminer's Supplemental Decision and supporting briefs, and the Respondent also filed a request for oral argument . Subsequently, the Respondent filed an answering brief to the General Counsel's excep- tions and cross-exceptions. 156 NLRB 1252 'Golay&Co,Inc v NLRB,371 F2d259(CA 7). 3 The Respondent's request for oral argument is hereby denied because the record , exceptions, and briefs adequately present the issues and the positions of the parties DIV. OF GOLAY 241 Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with this proceeding to a three -member panel. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed . The rulings are hereby affirmed . The Board has considered the Trial Examiner 's Supplemental Decision , the excep- tions and briefs, and the entire record in this proceeding,3 and hereby adopts the findings, con- clusions, and recommendations of the Trial Ex- aminer only to the extent consistent herewith. 1. Tolling The Respondent has excepted to the Trial Ex- aminer's conclusion that backpay should not be tolled for those 23 individuals who, in the original proceeding in this matter before Trial Examiner James V. Constantine, were found to have been discharged for reasons not violative of the Act. The Board reversed Trial Examiner Constantine's deci- sion on this point and found that all of the discharges, involving the 23 of those in issue here, were in violation of Section 8(a)(3) and (1) of the Act.' As mentioned above, the Board's Order of reinstatement with backpay to all the claimants was enforced. However, the court did not adopt the Board's finding that the 23 employees were discharged for reasons violative of Section 8(a)(3) and (1);5 rather, in reaching the result it did, the court applied the Thayers balancing theory. The Respondent now argues that the Board should reconsider this matter in view of the Thayer line of cases. We agree with the Trial Examiner's disposition of this issue. Moreover, it is clear that the Thayer prin- ciple was fully considered in our initial decision and we found that even if we were to apply it our result would not be different.7 We now affirm that find- ing. 2. Wage increase The General Counsel, in his specification, in- cluded, as part of the gross backpay, three hourly wage increases of 10 cents for the 43 discriminatees who worked in the Respondent's Department 500, excluding Walter R. Heaston and Melvin Moistner. Thus, the record reveals that on January 13, 1964, 4 156 NLRB 1252, 1260-64 'Golay&Co,Inc v NLRB,371 F2d259,262(CA.7) 6N L R B v H N Thayer Co, 213 F 2d 748 (C A 1), see Kohler Co, 148 NLRB 1434 , enfd 300 F 2d 699 (C A D C ) r 156 NLRB 1252 , 1263, fn 13 184 NLRB No. 28 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 80 of the 100 employees working in Department 500 received a 10-cent raise. Again, on May 3, 1965, another 10-cent raise was granted to 51 of the 146 employees, and finally, the third such pay raise was given on July 11, 1966, to 52 of the 105 employees in Department 500. The parties stipu- lated that these increases were not across-the-board wage raises. The Respondent contends that the raises were mere adjustments within modified rate ranges for several, but not all, classifications and, further, that they were granted on the basis of merit, including such factors as work record, productivity, and per- sonal attitude. The Respondent asserts that the record is barren of any evidence that any of the 43 discriminatees would have received an increase during the backpay period. Relying primarily on the above, the Trial Examiner concluded that the evidence did not preponderate in favor of a finding that any one or more of the discriminatees would have received the wage increase . The General Counsel excepted and we find merit in his excep- tions. It has long been recognized that "in applying its authority over backpay orders, the Board has not used stereotyped formulas but has availed itself of the freedom given it by Congress to attain just results in diverse, complicated situations."" As in all cases of discriminatory discharge, the reasonable- ness of the remedy must comport with the Board's duty to bring about "a restoration of the situation, as nearly as possible, to that which would have ob- tained but for the illegal discrimination. "9 In at- tempting to attain a just result, the Board has long included in its backpay formulas allowances for wage increases.10 Therefore, the General Counsel acted well within his authority by including the wage raises in his specification. In spite of the above, the Trial Examiner denied the wage increase allowances in the backpay specification for the reason that the General Coun- sel did not present sufficient evidence showing that the discriminatees would have received the pay raises. We believe that the Trial Examiner placed the burden of proof upon the wrong party. In con- Phelps Dodge Corp v NLRB, 313US 177, 198 ° Id at 194 10 Underwood Machinery Company, 95 NLRB 1386, West Texas Utilities Company, Inc, 109 NLRB 936. "In pertinent part , Sec 102 54(b) of the Board's Rules and Regulations states As to all matters within the knowledge of the respondent . . if the respondent disputes either the accuracy of the figures in the specifica- tion 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 furnishing the appropriate supporting figures IS In pertinent part, Sec 102 54(c) of the Board's Rules and Regulations states. formity with the Board's Rules and Regulations it was incumbent upon the Respondent, in its answer to the backpay specification, to state with clarity its disagreement with the General Counsel's statement, including under what grounds the specification was incorrect and the correct figures in support of its contention." The above is especially applicable here because the factors taken into consideration by the Respondent in granting the three wage raises were peculiarly within its knowledge. Nevertheless, beyond merely denying that the wage increases were given across-the-board and contending that such raises were granted upon certain intangible considerations, the Respondent made no effort to present its reasons for denying the raises to any, or to all, of the discriminatees. Under these circum- stances, we have no recourse but to deem the wage increase for each claimant to be admitted as true.12 We recognize that there is an element of uncer- tainty present in this case because some of the dis- criminatees might not have received any one, or all three, of the raises if they had not been discrimina- torily discharged. On the other hand, the record clearly reveals that the Respondent granted wage increases to a substantial number of employees in Department 500 on three specific occasions; in one instance 80 percent of the employees received the wage raise. Furthermore, the Respondent does not contend that any employee would not have received any one, or all three, of the raises and merely asserts that the wage increases were based on meritorious performance. On balance, therefore, the Respondent does not deny that but for its dis- criminatory actions the employees in question would have merited the wage increases. In accord with prior decisions, we find that the denial of wage raises would reward wrongdoing because, in a manner violative of the Act, the Respondent caused the discriminatees to lose their opportunity to merit the increases which, as stated above, appear to have been granted to substantial numbers of their replacements at specific intervals. 13 In conclusion, if the Respondent wished to mitigate its damages in this regard it was incumbent upon it to come forth with some evidence showing that individual em- ployees would not have merited the increases."' If the respondent files an answer to the specification but fails to deny any allegation of the specification in the manner required by subsec- tion (b) of this section [i e , 102 .54(b)], and the failure so to deny is not adequately explained, such allegation shall be deemed to be ad- mitted to be true " See Trinity Valley Iron and Steel Company, 158 NLRB 890, 916-917, enfd in pertinent part 410 F.2d 1161, 1172-73 (C A. 5). 14 "Since proof of the discriminatory discharges established that some damage had been suffered , it was proper for the Board to leave with Mastro [the respondent] the burden of proving facts to mitigate the extent of those damages " NLRB v Mastro Plastics Corp., 354 F 2d 170, 174 (C A 1), cert denied 384 US 972 3. Vacation pay LEE CYLINDER DIV. OF GOLAY 243 The Trial Examiner, in his Supplemental Deci- sion, inadvertently omitted allowance for vacation pay in the third quarter of each year in the backpay period. The amount of vacation pay owed was separately itemized in accord with company prac- tice in the General Counsel's specification and no objection to it was raised . Therefore , we accept, as admitted, the vacation hours and pay allotted to each claimant , subject, of course , to amendments and stipulations received at hearing. In computing the remaining sums due in each third quarter we have relied on the figures submitted by the Respon- dent and found appropriate by the Trial Examiner. 4. Individual claims A. Marvin Frady In his Supplemental Decision the Trial Examiner concluded that Frady had not exercised due diligence in seeking interim employment from the commencement of his backpay period, March 25, 1963, until the third quarter of 1965, and con- sequently denied him backpay for that period. We find merit in the General Counsel's exception. Frady was 50 years old at the beginning of the backpay period and had lived for 20 years in the Cambridge City, Indiana, area. As the Trial Ex- aminer related, Frady married a widow with four children in early 1966, had a daughter born, and was divorced in January 1967. Frady first registered for work at the Indiana State Employment Security Division (hereinafter ISESD) office in January 1963. Frady testified that he registered for work each week during the ensuing period before he secured employment in mid-1965. During this period for which backpay was denied Frady specifi- cally recalled contacting at least six private em- ployers seeking employment. In situations as presented in Frady's case we deem it relevant to consider the surrounding cir- cumstances15 rather than merely rely on some mechanistic approach or judge the claimant's "suc- cess" as determinative of the discriminatee's effort to seek offsetting earnings. Thus, we note, that besides his age, Frady encountered several hin- drances to finding employment before the middle is While perhaps no exhaustive listing of such circumstances is possible, at the very least, we have approved including "the economic climate in which the individual operates, his skill and qualifications , his age, and his personal limitations "Mastro Plastics Corporation, 136 NLRB 1342, 1359 18 A number of discnminatees testified that they were not referred to jobs in the Cambridge City area because of their participation in a labor dispute The reasons given by the ISESD appear to rest on the belief that the prospective employer would not go to the expense of hiring such an em- ployee when he stood a good chance of losing his services once the labor of 1965. For example, in one instance when a job became available at a local employer, the ISESD agent in charge notified Frady and had him come in for a prereferral interview. However, after review. However, after reviewing Frady's file the ISESD employee decided not to recommend him because, in Frady's words, he was told that the employer in question "wouldn't hire me over there on account of I was in a labor dispute."16 Frady encountered much the same response when he applied on his own at another private employer in the area. Another drawback was Frady's lack of a high school education which specifically accounted for his failure to obtain employment at another local employer. While the Respondent has supplied evidence to show that Cambridge City was not in a depressed area and that many jobs were available, we are satisfied that Frady encountered difficulty in find- ing employment despite his diligent efforts in seek- ing work on his own and especially through the ISESD which had contact with the greatest number of employers in this area. Based on the above, we find, contrary to the Trial Examiner, that Frady made a diligent effort to secure employment before the summer of 1965. B. Thomas J. Harrison The Trial Examiner found that Harrison exer- cised due diligence in seeking interim employment only during the four quarters of 1963 and that he should be denied backpay for the remainder of the backpay period. The General Counsel has excepted and we find merit in his exceptions. At the commencement of his backpay period, Harrison was about 46 years old, married, and had one adult son living with him for a brief period be- fore he went into the armed services. Harrison had lived in the Cambridge City area for 30 years. Besides age , there are several relevant factors which, as in the case of Marvin Frady, appear to have had an adverse bearing on Harrison's em- ployability. As the Trial Examiner noted, Harrison is without sight in one eye and, to further com- pound his troubles, has poor vision in the other. On at least one occasion this impediment prevented him from acquiring a job. Furthermore, Harrison has only a sixth grade education which he knew was dispute was settled Also, almost from the outset , the ISESD apparently was of the opinion that the dispute would be of short duration and, further, that most of the claimants would return to the Respondent The Respondent has requested the Board to take into account the job market conditions prevail- ing in the area during the backpay period We have done so and are satisfied that this was not a depressed area, but in the face of the above, and considering the personal limitations of these employees , it is virtually im- possible to determine with any degree of exactitude just how many jobs were available to these claimants 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a bar to obtaining a job at some employers in his working area. Finally, Harrison's participation in a labor dispute caused him to lose at least one oppor- tunity for employment in the backpay period. The record offers some support for the Trial Ex- aminer's finding that Harrison made no job inqui- ries at private employers after May 1963 in that only one questionnaire, listing Harrison's activities in the early backpay period up to May 1963, was introduced into evidence.17 In view of other evidence, we are of the opinion that this record of employers visited by Harrison through May 1963 fails to frame adequately the total picture of the discriminatee 's efforts to seek interim employment. To begin with, Harrison testified unequivocally that he sought employment at other private em- ployers beyond those listed on the General Coun- sel's questionnaire and further testified that he had recorded the names of those additional employers. However, at the hearing, only one of the backpay questionnaires was produced and, based on such scant evidence, we would be inclined to agree with the Trial Examiner that no serious effort was made by the discriminatee after May 1963, but for the fact that there is competent testimony to the con- trary. Thus, Harrison testified that he went "to about all the factories there in Connersville looking for work" and, as the Trial Examiner found, Har- rison contacted a substantial number of potential employers in his working area. The record also clearly shows that Harrison returned to a number of these places periodically throughout 1963 and the following year. This fact does not appear on the questionnaire submitted by the General Counsel. Likewise, Harrison's testimony further establishes that he, in the company of another man, drove to several other Indiana cities and the Dayton, Ohio, area seeking work. Apparently these efforts were all made after May 1963, because they were not listed on the questionnaire received into evidence. Although the record does establish that Harrison did not visit the ISESD after the fourth quarter of 1963, we do not agree that that fact adequately pin- points Harrison's last efforts to seek work because, as noted above, the discriminatee recalled visiting at least one employer after that time and, further, testified to working at several odd jobs including ditch digging, trimming trees, and working several brief intervals for the local city government. In sum, we find that Harrison's activities during the backpay period were not inconsistent with his duty to seek offsetting earnings. In conclusion, we it In the preparation of his case, the General Counsel asked each dis- cnmmatee to record on a questionnaire supplied by him the names of em- ployers interviewed and whether or not employment was obtained In Har- nson's case only one such document was produced at trial and listed nu- feel that, in the circumstances of this case, an em- ployee who, despite personal handicaps, makes an early, vigorous effort to seek work at a substantial number of employers, both within and outside his long-established working and living area, should not be penalized merely because he did not "space out" his efforts. Therefore, we have modified the Trial Examiner's Supplemental Decision to include the period up to the Respondent's offer of rein- statement. C. John F. Jamison The Trial Examiner found that Jamison should be denied backpay for the period covering the last quarter of 1963, through the third quarter of the following year. The General Counsel has excepted to this finding and we find merit in his exception. Jamison was about 46 years of age at the start of his backpay period. He was married at the time, was later divorced, and remarried in 1964. Jamison had lived in this working area all of his life. The dis- criminatee visited the ISESD approximately 11 times during the early part of the backpay period offering "to do anything that comes up." In addi- tion, he recalled seeking employment at four private employers during the same period. Jamis- on's record further reveals that he was employed throughout the backpay period except for the first 6 months of 1964. While the discriminatee could only recall the names of three employers he visited during this period, he did remember looking for work in another city in the general area. Also, he specifically recalled that at one employer his appli- cation was turned down because he was not a high school graduate. Taking Jamison's record as a whole, it appears that he was successful in obtain- ing offsetting earnings by working as a farmer which was far removed from his job at the Respon- dent where he was a knurling machine operator, clearly indicating that he was indeed willing "to do anything that comes up." On the above facts, we feel that Jamison was diligently seeking work during the brief period when he was unemployed and was not willfully idle during this period. We have modified the Trial Ex- aminer's Supplemental Decision to reflect added net backpay owing in the quarters which were disal- lowed. D. Billy R. Tyree The General Counsel excepted to the Trial Ex- aminer's failure to exclude a portion of Tyree's in- merous employer's visited The last entry on the last line of the paper named an employer visited in May 1963 Nevertheless, Harrison testified that he filled out another questionnaire showing places visited after that date LEE CYLINDER DIV. OF GOLAY 245 terim earnings because they constituted continued moonlighting in which Tyree was engaged before and after his discharge. We find merit in this excep- tion. The record clearly shows that Tyree, a month be- fore he was discharged, was earning supplemental income by working at a service station during his nonworking hours. Tyree continued working at the same employer for the same hours until the third quarter of 1964 when he became a full-time em- ployee at the station. He remained at the station as a steady employee until the third quarter of 1966. Consistent with past policy18 we believe that an adjustment should be made to Tyree's interim earnings to reflect this continued moonlighting and to exclude such part of his earnings from the secon- dary employer which would normally be earned if he were still employed at the Respondent. To do this we shall exclude from interim earnings all in- come Tyree received from the service station through the second quarter of 1964 during which time he worked approximately the same number of hours as before his discharge. Beginning with the third quarter of 1964 and extending through the second quarter of 1966, we have excluded one- fourth of Tyree's earnings from the same employer to account for continued moonlighting employ- ment. E. George W. Dillman The Respondent excepted to the Trial Ex- aminer's reconstruction of Dillman's interim earnings between the second quarter of 1964 and the first quarter of 1964, contending that the Trial Examiner, through apparent oversight, failed to reflect certain of his findings in the arithmetical computations. Also, the Respondent excepted to the Trial Examiner's inadvertant failure to make proper allowances during the same period for rent- free housing Dillman received. We agree with Respondent's exceptions in this regard, and we have modified the Trial Examiner's Supplemental Decision to reflect these changes. F. Earl R. Blair, Jesse James, and James A. Steele The Trial Examiner found that Blair, James, and Steele had each fulfilled his duty to seek interim employment . The Respondent excepted to this find- ing with regard to each of the above-named in- dividuals. Upon a careful review of the records of each of the three discriminatees we are satisfied that each met his duty to seek offsetting earnings and, there- fore, we adopt the Trial Examiner's findings and conclusions with regard to Blair, James, and Steele. 5. Backpay In view of our findings herein, we have recom- puted the backpay, if any, due each discriminatee in accordance with the formula utilized by General Counsel in his backpay specification. We agree with the Trial Examiner that this formula is reasonable and appropriate. For the reasons stated in his Supplemental Decision we also agree with the Trial Examiner that adjusted hours submitted by the Respondent are correct. We have utilized and relied on these adjusted figures where pertinent. Furthermore, in addition to the special circum- stances specifically noted in the attached Appendix, we have also considered and, where not otherwise discussed herein, made part of our recomputation other adjustments found appropriate by the Trial Examiner; e.g., illness, insurance reimbursements and premium deductions, voluntary unemployment, additions to interim earnings, and various allowable expenses. ORDER On the basis of the foregoing Supplemental Deci- sion and Order and the entire record in this case, the National Labor Relations Board hereby orders that the Respondent, Lee Cylinder Division of Golay & Co., Special Products Division of Golay & Co., Inc., Chore Boy Division of Golay & Co., Inc., Cambridge City, Indiana, its officers, agents, suc- cessors, and assigns, shall pay to the employees in- volved in proceeding as net backpay the following amounts: to Name Net Backpay Due 1. Walter R. Heaston 522.56 2. Melvin Moistner 444.10 3. Marion K. Baker 3,941.82 4. Earl R. Blair 13,477.66 5. James E. Caudill 1,941.01 6. Henry Cecil, Jr. 3,174.63 7. Walter W. Chaney 2,515.52 8. William O. Clemons 3,502.65 9. Harold E. Cornett 1,249.29 10. George W. Dillman 1,636.12 1B See Rice Lace Creamery Company, 151 NLRB 1113, 1114, fn 4, enfd. 365F2d888(CADC) 18 Interest is to be added at the rate of 6 percent per annum on the basis of the quarterly amounts of net backpay due in accordance with the formu- la set forth in Isis Plumbing & Heating Co, 138 NLRB 716, less any tax withholding required by law 427-835 0 - 74 - 17 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 11. Howard Durham 2,747.96 29. Charles E. Nash 1,988.38 12. George Eldridge 1,759.61 30. Robert Lee Nick 321.10 13. Earl Ford 892.77 31. Bill E . O'Dear 3,397.47 14. Bivon Fowler 493.78 32. Paul E. Paris 5,554.24 15. Kenneth W. Fowler 1,551.11 33. Lester A. Pebworth 2,459.93 16. John H. Fox20 2042.53 34. James H. Powell 4,701.38 17. Marvin Frady 10,590.41 35. Donnie Ray Purvis 3,286.83 18. Gerald D. Goble 2,596.60 36. James F. Raby 1,811.58 19. Bennie J.Hall 5,100.17 37. John A. Raby 4,300.27 20. Thomas J. Harrison 13,699.01 38. Paul E. Sims 98.26 21. Robert Isaacs 3,833.65 39. James A. Steele 6,663.94 22. Jesse James 8,559.65 40. Richard A. Toney 782.38 23. John F. Jamison 5,083.61 41. Andrew J. Transier 4,612.39 24. Walter L. Jones 869.81 42. Billy Tyree 4,453.36 25. Ronald Keal 2,237.75 43. Delbert Vickers 3,818.78 26. Robert G. Lawrence 4,115.48 44. James R. Winchester 4,563.10 27. Robert V. Meyer 1,334.76 45. Carl G. Wyramon 3,634.89 28. Willie Joe Mills 2,338.44 20 Payable to next of kin LEE CYLINDER DIV. OF GOLAY 247 APPENDIX YEAR & QTR GROSS NET INTERIM NET HOURS RATE BACKPAY EARNINGS BACKPAY 1. Walter R . Heaston 1962 4 326.6 1.60 522.56 .00 522.56 2. Melvin L. Moistner 1962 4 253.77 1.75 444.10 .00 444.10 3. Marion Baker 1963 1 49.5 2.00 99.00 .00 99.00 2 537.5 2.00 1,075.00 257.98 817.02 3 Vacation 48.0 2.00 477.5 2.00 1,051.00 793.58 257.42 4 517.8 2.00 1,021.85 13.75 1964 1 71.1 2.00 436.6 2.10 1,059.06 807.02 252.04 2 525.6 2.10 1,103.76 705.12 398.64 3 Vacation 48.0 2.10 483.3 2.10 1,115.73 720.40 395.33 1/ 4 528.9 2.10 1,110.69 820.20 290.49 1965 1 486.7 2.10 1,022.07 722.20 299.87 2 190.9 2.10 319.8 2.20 1,104.45 798.00 306.45 1/ The Trial Examiner inadvertently used the corrected hours from another quarter. 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 966 3 Vacation 40.0 492.2 4 506.7 3 Vacation 40.0 45.3 489.4 2.20 2 . 20 2.20 2.20 2.20 2 . 30 1,170 . 84 1,114.74 1,313 . 28 840 . 01 783.17 1,109 . 87 330.83 331.57 203.41 Less $54 . 00 Misc . Int. Earnings 4. Earl R. Blair 1963 1 49 . 5 1.80 89 . 10 .00 89.10 2 537.5 1.80 967 . 50 .00 967.50 3 Vacation 48.0 1.80 477.5 1.80 945.90 .00 945.90 4 517.8 1.80 932 . 04 147.00 785.04 1964 1 71.1 1.80 436.6 1.90 957.52 412.50 545.02 2 525 . 6 1.90 998 . 64 .00 998.64 3 Vacation 88.0 1.90 438.2 1.90 999 . 78 .00 999.78 4 528.9 1.90 1 , 004.91 .00 1,004.91 1965 1 486.7 1.90 924.73 .00 924.73 2 190.9 1.90 319.8 2.00 1,002.31 .00 1,002.31 3 Vacation 80.0 2.00 451.1 2.00 1,062.20 126 . 13 936.07 LEE CYLINDER DIV. OF GOLAY 249 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 1966 4 2 3 Vacation 567 . 8 524 . 2 80.0 4 489 2.00 2.00 2.00 2 10 1,135.60 1,048 . 40 187 74 1 126.12 358 . 00 00 1,009.48 690.40 1 187.74 1967 4 1 . 560 . 2 102 . 2 . 2.10 2.10 . , 1,176.42 214.62 . .00 . 00 , 1,176.42 214.62 5. James E . Caudill 1963 1 49.5 1.60 79.20 . 00 79.20 2 537.5 1.60 860 . 00 92.00 768.00 3 Vacation 48.0 1.60 477.5 1.60 840 . 80 485.30 355.50 1964 1 71.1 1.60 436.6 1.70 855 . 98 179 . 52 676.46 2 525 . 6 1.70 893 . 52 831 . 67 61.85 6. Henry Cecil 1963 1 49.5 1.90 94.05 . 00 94.05 2 537.5 1.90 1 , 021.25 262.60 758.65 3 48.0 1.90 477.5 1.90 998 . 45 607.62 390.83 4 517.8 1.90 983 . 82 699.67 284.15 1964 1 71.1 1.90 436.6 2 . 00 1,008.29 792 . 89 215.40 2 525.6 2.00 1,051 . 20 791.75 259.45 250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR _ HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 965 1967 3 Vacation 4 1 2 1 48.0 483.3 528.9 486.7 190.9 319.8 496.2 2.00 2.00 2.00 2.00 2.00 2.10 2.20 1,062.60 1,057.80 973.40 1,053.38 1,091.64 695.63 1,021.50 872.95 736.40 740.24 366.97 36.30 100.45 316.98 351.40 7. Walter W. Chaney 1963 1 49.5 1.80 89.10 .00 89.10 2 537.5 1.80 967.50 415.13 552.37 3 Vacation 48.0 1.80 2/ 477.5 1.80 945.90 662.62 283.28 4 517.8 1.80 932.04 .00 932.04 1964 1 71.1 1.80 436.6 1.90 957.52 544.00 413.52 2 525.6 1.90 998.64 792.00 206.64 3 Vacation 48.0 1.90 483.3 1.90 1,009.47 970.90 38.57 8. William 0. Clemons 1962 4 174.0 1.70 295.80 .00 295.80 2/ The original figure in the backpay specification, $9,662.62, was amended at the hearing to reflect the correct amount of interim earnings, $662.62. YEAR & T QR 1963 1 2 537.5 1.70 913.75 .00 913.75 3 Vacation 48.0 1.70 4 9. Harold E. Cornett 1964 3 Vacation and Holiday Pay 1965 3 Denied Because 202 . 40 202.40 of New Employee 1966 3 Status 1962 4 1963 1 2 1966 3 4/ 1963 2 4 Vacation LEE CYLINDER DIV. OF GOLAY 251 GROSS NET INTERIM NET HOURS RATE BACKPAY EARNINGS BACKPAY 622.3 1.70 1,057.91 .00 1,057.91 477.5 1.70 893.35 70.00 823.35 123.2 1.70 209.44 .00 209.44 174.0 1.50 261.00 .00 261.00 622.3 1.50 933.45 .00 933.45 537.5 1.50 806.25 751.87 54.38 441.1 1.80 80.0 1.70 929.98 929.52 .46 10. George W. Dillman 537.5 1.70 913.75 399.54 514.21 517.8 1.70 880.26 630.14 250.12 1964 1 71.1 1.70 436.6 1.80 906 .75 551.20 355.55 3/ The Trial Examiner inadvertently listed the corrected hours as 437.5 instead of the correct figure above. 4/ At the hearing, the backpay specification was amended to include 80 hours of vacation time. 3/ 252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 967 2 3 Vacation 4 2 525 . 6 48.0 483.3 528.9 116 . 4 1.80 1.80 1.80 1.80 2.00 946 . 08 956 .34 952 .02 232 . 80 836 . 00 800.00 300 .00 135.00 110.08 156.34 152.02 97.80 11. Howard Durham 1963 1 49 . 5 1.70 84 . 15 .00 84.15 2 537.5 1.70 913.75 . 00 913.75 3 Vacation 48.0 1.70 477.5 1.70 893 . 35 .00 893.35 4 517.8 1.70 880 . 26 233 .00 647.26 1965 2 190.9 1.80 319.8 1.90 951.24 780.39 170.85 1967 2 116.4 2.00 232 . 80 194 . 20 38.60 12. George Eldridge 1962 4 242 . 9 1.50 364 . 65 73 . 03 291.32 1963 1 622.3 1.50 933.45 163.72 769.73 2 537 . 5 1.50 806 . 25 483 . 75 322.50 3 Vacation 28.0 1.50 477.5 1.50 758 . 25 483 .75 274.50 4 517.8 1.50 776.70 768.95 7.75 1964 1 71.1 1.50 436.6 1.60 805.21 711.40 93.81 LEE CYLINDER DIV. OF GOLAY 253 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 13. Earl Ford 5/ 1963 964 965 1967 1 49.5 2 537.5 3 Vacation 28.0 477.5 1 71.1 436.6 2 525.6 3 Vacation 48.0 483.3 1 486.7 2 116.4 1.60 1.60 1.60 1.60 1.60 1.70 1.70 1.70 1.70 1.70 1.90 79.20 860.00 808.80 855.98 893.52 903.21 827.39 221.16 12.80 791.76 617.07 768.00 756.00 879.40 731.46 . 00 66.40 68.24 191.73 87.98 137.52 23.81 95.93 221.16 1963 14. Bivon Fowler 6/ 1 49.5 2 537.5 2.00 2.00 99.00 1,075:00 .00 680.22 99.00 394.78 15. Kenneth W. Fowler 1962 4 196.1 1.70 333.37 .00 333.37 1963 1 622.3 1.70 1,057.91 .00 1,057.91 2 537.5 1.70 913.75 873.22 40.53 4 517.8 1.70 880.26 829.68 50.58 1964 1 71.1 1.70 436.6 1 . 80 906 . 75m 906.72 .03 5/ As the claimant's backpay period began on March 25, 1963, the corrected hours should be 49.5. 6/ Id. 254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 2 525.6 1.80 946.08 877.39 68.69 16. John Fox , next of kin of 1963 1 49.5 2.00 99.00 22.40 76.60 2 537.5 2.00 1,075.00 414.35 660.65 ,4 485.5 2.00 971.00 665.72 305.28 Insurance Benefit 1,000.00 1963 17. Marvin Frady 1 49.5 1.70 84.15 .00 84.15 2 537.5 1.70 913.75 .00 913.75 3 Vacation 88.0 1.70 438.2 1.70 894.54 .00 894.54 4 517.8 1.70 880.26 .00 880.26 1964 1 71.1 1.70 436.6 1.80 906.75 .00 906.75 2 525.6 1.80 946.08 .00 946.08 3 Vacation 88.0 1.80 438.2 1.80 947.16 .00 947.16 4 528.9 1.80 952.02 .00 952.02 1965 1 486.7 1.80 876.06 .00 876.06 2 190.9 1.80 319.8 1.90 951.24 .00 951.24 3 Vacation 80.0 1.90 451.1 1.90 1,009.09 429.99 579.10 4 567.8 1.90 1,078.82 .00 1,078.82 LEE CYLINDER DIV. OF GOLAY 255 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 1966 1 4 503.3 560.2 1.90 2.00 956.27 1,120.40 411.50 1,084.69 544.77 35.71 18. Gerald D. Goble 1963 1 49.5 1.80 89.10 58.53 30.57 2 535. 7 1.80 967.50 645.21 322.29 1964 1 71.1 1.80 436.6 1.90 957.52 583.94 373.58 1965 1 486.7 1.90 924.73 641.27 283.46 4 567.8 2.00 1,135.60 856.20 279.40 19. Bennie J. Hall 1963 1 49.5 1.60 79.20 .00 79.20 2 537.5 1.60 860.00 .00 860.00 3 Vacation 48.0 1.60 477.5 1.60 840.80 .00 840.80 4 517. 8 1.60 828 .48 237.80 590.68 1964 1 71.1 1.60 436.6 1.70 855.98 305.34 550.64 2 525.6 1.70 893.52 270.10 623.42 4 528.9 1.70 899.13 852.60 46.53 1965 1 486.7 1.70 827.39 205.60 621.79 2 190.9 1.70 319.8 1.80 900.17 672.22 227.95 3 Vacation 40.0 1.80 492.2 1.80 957.96 675.00 282.96 256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & TTR_ GROSS NET INTERIM NET HOURS RATE BACKPAY EARNINGS BACKPAY 1967 1 198 . 0 1.90 376.20 . 00 376.20 20. Thomas J. Harrison 1963 1 49 . 5 1.70 84 . 15 .00 84.15 2 537.5 1.70 913.75 .00 913.75 Vacation 48.0 1.70 477.5 1.70 893 . 35 .00 893.35 4 517.8 1.70 880.26 .00 880.26 1964 1 71.1 1.70 436.6 1.80 906.75 .00 906.75 2 525.6 1.80 946 . 08 .00 946.08 ation 3 V 48 0 1 80 ac . . 483.3 1.80 956 . 34 90.00 866.34 4 528 . 9 1.80 952.02 .00 952.02 1965 1 486 . 7 1.80 876.06 .00 876.06 2 190.9 1.80 319.8 1 . 90 951 . 24 25.00 926.24 3 Vacation 80.0 1.90 451.1 1.90 1,009.09 25.00 984.09 4 506.7 1.90 962.73 . 00 962.73 1966 1 39 . 9 1.90 75.81 .00 75.81 2 524 . 2 1.90 995.98 25.00 970.98 3 Vacation 80.0 1.90 489.4 2.00 1,130 . 80 25 . 00 1,105.80 4 560 . 2 2.00 1,120.40 . 00 1,120.40 LEE CYLINDER DIV. OF GOLAY 257 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 1967 1 117.1 2 .00 234.20 .00 234.20 21. Robert Isaacs 1963 1 49.5 1.80 89.10 . 00 89.10 2 537.5 1.80 967.50 353.63 613.87 3 Vacation 48.0 1.80 477.5 1.80 945.90 18.00 927.90 4 517.8 1.80 932.04 . 00 932.04 1964 1 71.1 1.80 7/ 436.6 1.90 957 .52 173 .35 784.17 2 525 . 6 1.90 998 .64 613.20 385.44 3 Vacation 48.0 1.90 483.3 1.90 1 ,009.47 986.96 22.51 4 528 . 9 1.90 1,004 . 91 990 .46 14.45 1965 1 486 .7 1.90 924. 73 860 .56 64.17 22. Jesse James 1962 4 612.1 1.70 1,040.57 .00 1,040.57 1963 1 622 .3 1.70 1,057.91 .00 1,057.91 2 537 . 5 1.70 - 913.75 130.00 783.75 3 Vacation 48.0 1.70 8/ 477.5 1. 70 893 .35 136.00 757.35 4 517 . 8 1.70 880 . 26 130 . 00 750.26 7/ At the hearing , the General Counsel amended the gross interim earnings to read $203.35 instead of $203 . 25. Subtracting the allowable expenses of $30, the correct net interim earnings are $173.35. 8/ This figure was amended at the hearing to include $6 additional interim earnings. 258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 1964 1 71.1 1.70 436.6 1.80 906.75 100.00 806.75 2 525.6 1.80 946.08 121.25 824.83 88 0 ti 3 V 1 80 . aca on . 438.2 1.80 947.16 193.11 754.05 4 528.9 1.80 952.02 326.27 625.75 1965 1 486.7 1.80 876.06 854.04 22.02 2 190.9 1.80 319.8 1.90 951.24 938.55 12.69 3 Vacation 80.0 1.90 451.1 1.90 1,009.09 929.29 79.80 4 567.8 1.90 1,078.82 1,067.36 11.46 1966 2 524.2 1.90 995.98 852.49 143.49 9/ 4 560.2 2.00 1,120.40 925.55 194.35 1967 1 496.2 2.00 992.40 298.28 694.12 1963 23. John F. Jamison 1 49.5 1.60 79.20 65.00 14.20 2 537.5 1.60 860.00 265.05 594.95 3 48.0 1.60 477.5 1.60 840.80 157.65 683.15 4 517.8 1.60 828.48 12.00 816.48 9/ This figure was amended at the hearing to include $27 as offset for union fees and dues instead of $5 as originally set forth in the backpay specification. LEE CYLINDER DIV. OF GOLAY 259 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 1964 965 1 2 3 Vacation 4 1 2 71.1 436.6 525 . 6 48.0 483.3 528 . 9 486 . 7 190.9 319.8 1.60 1.70 1.70 1.70 1 . 70 1.70 1.70 1.70 1.80 855 . 98 893 . 52 903 . 21 899 . 13 827 . 39 900 . 17 .00 .00 35 . 88 759 . 64 745 . 73 763 . 32 855.98 893.52 867.33 139.49 81.66 136.85 24. Walter L. Jones 1963 1 49.5 1.70 84.15 . 00 84.15 2 537.5 1 . 70 913 . 75 256 . 21 657.54 3 Vacation 88.0 1.70 438.2 1.70 894 . 54 796 . 70 97.84 1966 4 560.2 -2.00 1,120.40 1,090.12 30.28 25. Ronald Keal 10/ 1962 4 196.1 1.80 342.98 .00 342.98 11/ 1963 1 622.3 1.80 1,090.14 .00 1,090.14 12/ 2 537.5 1.80 937.50 252.87 684.63 3 Maternity benefits not 120.00 reducible by net interim earnings 1,0/ Gross backpay was adjusted to reflect $10 insurance premium as set forth in the backpay specification. 11/ Gross backpay was adusted to reflect $30 insurance premium as set forth in the backpay specification. 12/ Id. 260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR GROSS HOURS RATE BACKPAY NET INTERIM EARNINGS NET BACKPAY - _ 26. Robert G. Lawrence 1962 1963 964 4 140.8 1 622 . 3 2 537 . 5 3 Vacation 28.0 477.5 4 517 . 8 1 71.1 436.6 2 525.6 3 Vacation 48.0 483.3 1.60 1.60 1.60 1.60 1.60 1.60 1.60 1.70 1.70' 1.70 1.70 225.28 995.68 860.00 808.80 828.48 855 . 98 893.52 903.21 17.80 . 00 . 00 13/ 106.40 492.90 14/ 318 . 89 531.29 15/ 788 . 19 207.48 995.68 860.00 702.40 335.58 537.09 362.23 115.02 27. Robert V. Meyer 1963 1 49 . 5 1.80 89.10 39.90 42.20 2 537.5 1.80 967.50 744.13 223.37 3 Vacation 88.0 1.80 438.2 1.80 947.16 732.94 214.22 4 517.8 1.80 932.04 922.95 9.09 1964 1 71.1 1.80 436.6 1.90 957.52 870.36 87.26 13/ At the hearing, additional interim earnings were added and agreed upon by the parties. 14/ At the hearing , the General Counsel amended the backpay specification correcting the net interim earnings to include an additional $.50. 15/ At the hearing , the backpay specification was amended to include an additional $30 earned in this quarter. LEE CYLINDER DIV. OF GOLAY 261 YEAR & QTR HOURS RATE 2 525.6 1.90 3 Vacation 88.0 1.90 438.2 1.90 4 528.9 1.90 1965 2 190.9 1.90 319.8 2.00 3 Vacation 80.0 2.00 451.1 2.00 GROSS NET INTERIM NET BACKPAY EARNINGS BACKPAY 998.64 853.19 145.45 999.78 783.38 216.40 1,004.91 882.70 122.21 1,002.31 928.85 73.46 1,062.20 861.10 201.10 28. Willie Joe Mills 1963 2 537.5 1.60 860.00 17.40 842.60 3 Vacation 28.0 1.60 477.5 1.60 808.80 .00 808.80 4 517.8 1.60 828.48 175.15 653.33 1964 1 71.1 1.60 436.6 1.70 855.98 822.27 33.71 29. Charles E. Nash 1963 1 622.3 1.90 1,182.37 .00 1,182.37 2 458.0 1.90 870.20 108.25 761.95 3 Vacation 48.0 1.90 477.5 1.90 998.45 954.39 44.06 30. Robert Lee Nick 16/ 1963 1 49.5 1.70 74.15 68.93 5.22 16 / Gross backpay was adjusted to reflect $10 insurance premium. 427-835 0 - 74 - 18 262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 966 1967 2 Maternity benefit not reducible by interim earnings 3 Vacation 2 0.0 489.4 155.4 .90 2.00 2.00 ,130.80 310.80 50.72 295.00 120.00 80.08 15.80 31. Bill E. O'Dear 1963 2 , 537.5 1.60 860.00 669.70 190.30 3 Vacation 48.0 1.60 477.5 1.60 840.80 184.52 655.28 4 Sick for 317.8 1.60 508.48 87.50 420.98 1964 5 wks 1 71.1 1.60 436.6 1.70 855.98 536.00 319.98 2 525.6 1.70 893.52 566.54 326.98 3 Vacation 48.0 1.70 483.3 1.70 903.21 592.40 310.81 4 528.9 1.70 899.13 682.60 216.53 1965 1 486.7 1.70 827.39 717.93 109.46 2 190.9 1.70 319.8 1.80 900.17 679.90 220.27 3 Vacation 80.0 1.80 451.1 1.30 955.98 754.65 201.33 4 506.7 1.80 912.06 556.72 355.34 1'966 2 524.2 1.80 943.56 873.35 70.21 LEE CYLINDER DIV. OF GOLAY 263 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 32. Paul E. Paris 1962 1963 964 965 966 4 1 2 3 Vacation 4 1 2 3 Vacation 2 3 Vacation 2 3 Vacation 443.1 582.3 537.5 48.0 477.5 477.8 31.1 436.6 525 . 6 48.0 483.3 190.9 319.8 80.0 451.1 524.2 80.0 489.4 1.70 1.70 1.70 1.70 1.70 1.70 1.70 1.80 1.80 1.80 1.80 1.80 1.90 1.90 1.90 1.90 1.90 2.00 753.27 989.91 913.75 893.35 812.26 906.75 946.08 956.34 951.24 1,009.09 995.98 1,130.80 .00 .00 9.00 .00 9.00 17/ 315.43 832 . 83 855.99 938.84 791.02 980.44 972.03 753.27 989.91 904.75 893.35 803.26 591.32 113.25 100.35 12.40 218.07 15.54 158.77 33. Lester A. Pebworth 1963 1 622.3 1.70 1,057.91 174.64 883.27 17/ At the hearing , the sum of $. 30 was added to the net interim earnings of the backpay specification. 264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 964 2 3 Vacation 4 1 537.5 48.0 477.5 517.8 71.1 436.6 1.70 1.70 1 . 70 1.70 1.70 1.80 913 . 75 893.35 880.26 906 . 75 323.90 410.62 631.57 651.36 589.85 482.73 248.69 255.39 34. James H. Powell 1963 1 49 . 5 1.80 89 . 10 .00 89.10 2 537 . 5 1.80 967 . 50 107.80 859.70 3 Vacation 48.0 1.80 477.5 1.80 945 . 90 674 . 80 271.10 4 517.8 1.80 932 .04 741 .10 190.94 1964 1 71.1 1.80 436.6 1.90 957 . 52 781.90 175.62 2 525 . 6 1.90 998 . 64 794.25 204.39 3 Vacation 48.0 1.90 483.3 1 . 90 1,009 . 47 846.00 163.47 4 528 . 9 1.90 1,004.91 802.50 202.41 1965 1 486 . 7 1.90 924.73 822.50 102.23 2 190.9 1.90 319.8 2.00 1 , 002.31 769.50 232.81 3 Vacation 80.0 2.00 451.1 2.00 1,062.20 838.50 223.70 4 506 . 7 2.00 1 , 013.40 856 . 25 157.15 LEE CYLINDER DIV OF GOLAY 265 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 1966 1967 2 524.2 1 496.2 2 155.4 2.00 2.10 2.10 1,048. 40 1,042.02 326.34 588 .00 .00 .00 460.40 1,042.02 326.34 35. Donnie Ray Purvis 1963 1 49.5 1.70 84.15 57.60 26.55 2 537.5 1.70 913.75 263.34 650.41 3 Vacation 48.0 1.70 477.5 1.70 893.35 463.00 430.35 4 517.8 1.70 880.26 420.00 460.26 1964 1 71.1 1.70 436.6 1.80 906.75 423.50 433.25 2 525.6 1.80 946.08 422.24 523.84 80 0 1 ation 48 3 V . . ac 483.3 1.80 956.34 398.50 557.84 4 528.9 1.80 952.02 895.67 56.34 1965 3 Vacation 80.0 1.90 451.1 1.90 1,009.09 911.11 97.98 36. James F. Raby 1962 4 242.9 1.89 437.22 .00 437.22 1963 1 622.3 1.80 1 ,120.14 136.64 983.50 2 537.5 1.80 967.50 576.64 390.86 37. John A. Raby 1963 1 49.5 2.00 99.00 .00 99.00 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 2 537.5 2.00 1,075.00 579.05 495.95 3 Vacation 48.0 2.00 477.5 2.00 1,051.00 778.40 272.60 4 517.8 2.00 1,035.60 639.49 396.11 1964 1 71.1 2.00 436.6 2.10 1,059.06 388.19 670.87 2 525.6 2.10 1,103.76 520.63 583.13 3 Vacation 88.0 2.10 438.2 2.10 1,105.02 514.70 590.32 4 528.9 2.10 1,110 .69 928.34 182.35 1965 1 486.7 2.10 1,022.07 940.00 82.07 2 190.9 2.10 319.8 2.20 1,104.45 840.00 264.45 3 Vacation 80.0 2.20 451.1 2.20 1,168.42 950.00 218.42 4 567.8 2.20 1,249.16 975.00 274.16 1966 1 434.8 2.20 956.56 785.72 170.84 1963 38. Paul E. Sams 2 537.5 1.75 940.63 842.37 98.26 1962 39. James A. Steele 4 1961.1 2.00 392.20 .00 392.20 1963 1 622.3 2.00 1,244.60 .00 1,244.60 2 537.5 2.00 1,075.00 420.76 654.24 LEE CYLINDER DIV. OF GOLAY 267 YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 964 965 1967 3 Vacation 4 1 2 3 Vacation 4 1 2 48.0 477.5 517.8 71.1 436.6 525.6 48.0 483.3 528.9 486.7 409.4 2.00 2.00 2.00 2.00 2.10 2.10 2.10 2.10 2.10 2.10 2.30 1,051.00 1,035.60 1,059.06 1,103.76 1,115.73 1,110..69 1,022.07 941.62 410.86 141.38 225.76 312.78 504.15 597.33 940.31 934.06 640.14 894.22 833.30 790.98 611.58 513.36 81.76 7.56 40. Richard A. Toney 1963 1 49.5 1.80 89.10 37.70 51.40 2 537.5 1.80 967.50 706.48 261.02 3 Vacation 48.0 1.80 477.5 1.80 945.90 694.80 251.10 1966 3 Vacation 80.0 2.00 489.4 2 . 10 1,187.74 968.88 218.86 41. Andrew J. Transier 1963 1 49.5 1.70 84.15 .00 84.15 2 537.5 1.70 913.75 43.50 870.25 3 Vacation 48.0 1.70 477.5 1.70 893.35 133.72 759.63 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 1964 965 966 1967 4 1 2 4 1 2 3 Vacation 4 3 Vacation 2 517 . 8 71.1 436.6 525 . 6 528 . 9 486 . 7 190.9 319.8 40.0 492.2 506 . 7 40.0 45.3 489.4 196 . 5 1.70 1.70 1.80 1.80 1.80 1.80 1.80 1.90 1.90 1 . 90 1.90 1.90 1.90 2.00 2.00 880 . 26 906.75 946 . 08 952 . 02 876 . 06 951 . 24 1,011.18 962 . 73 1 , 140.87 393.00 88 . 08 99.95 842.28 685.68 600 . 07 849 . 86 838 . 39 834 . 13 899.47 383.92 792.18 806.80 103.80 266.34 275.99 101.38 172.79 128.60 241.40 9.08 42. Billy R. Tyree 1963 1 49.5 1 . 70 84.15 .00 84.15 2 537 . 5 1.70 913.75 265.75 648.00 3 Vacation 48.0 1.70 405.9 1.70 771.63 499.50 272.13 4 517.8 1.70 880 . 26 682.50 197.76 1964 1 71.1 1.70 436.6 1.80 906 . 75 682.50 224.25 2 525.6 1.80 946 . 08 461.00 485.08 LEE CYLINDER DIV. OF GOLAY 269 YEAR & T 4 R HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 965 1966 1967 3 Vacation 3 4 1 4 4 1 2 88.0 370 . 4 528 . 9 486.7 567 . 8 560 . 2 496.2 409 . 4 1.80 1.80 1.80 1.80 1.90 2.00 2.00 2.00 825 . 12 952 . 02 876 . 06 1,078.82 1,120.40 992 . 40 818 . 80 618 . 07 721.73 833.67 338 . 16 555.00 555 . 00 500 . 00 207.05 230.29 42.39 740.66 565.40 437.40 318.80 43. Delbert Vickers 1963 1 49.5 1.60 79 . 20 .00 79.20 2 537 . 5 1.60 860 . 00 182 . 50 677.50 3 Vacation 48.0 1.60 477.5 1.60 840 . 80 .00 840.80 4 517.8 1.60 828 . 48 .00 828.48 1964 1 71.1 1.60 436.6 1.70 855 . 98 .00 855.98 2 525 . 6 1.70 893 . 52 357 . 20 536.32 1967 2 196 . 5 1.90 373.35 372.85 .50 44. James R . Winchester 1963 1 49 . 5 1.80 89 . 10 .00 89.10 2 537 . 5 1.80 967 . 50 135 . 93 831.57 3 Vacation 28.0 1.80 477.5 1.80 909 . 90 829.21 80.69 270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD YEAR & QTR HOURS RATE GROSS BACKPAY NET INTERIM EARNINGS NET BACKPAY 4 517.8 1964 1 71.1 436.6 2 525.6 3 Vacation 48.0 1.80 1.80 1.90 1.90 1.90 932.04 957.52 998.64 891.62 18/ 561.38 19/ 765.24 40.42 .00 .00 Sick for 3 wks 363.3 4 Voluntarily 448.9 unemployed for 2 wks 1.90 1.90 781.47 852.91 343.22 471.01 438.25 381.90 1965 966 967 1 486.7 2 190.9 319.8 3 Vacation 40.0 492.2 4 506.7 3 Vacation 40.0 45.3 489.4 4 560.2 1 182.0 1.90 1.90 2.00 2.00 2.00 2.00 2.00 2.00 2.10 2.10 2.10 924.73 1,002.31 1,064.40 1,013.40 1,198.34 1,176.42 382.20 540.00 858.00 778.00 595.00 720.30 472.76 96.57 384.73 144.31 286.40 418.40 478.04 703.66 285.63 45. Carl G. Wyramon 1962 4 140.8 1.70 239.36 .00 239.36 18/ In absence of exception thereto , we adopt , pro forma , the Trial Examiner's conclusion that the General Counsel so amended the net interim earnings at the hearing as to eliminate backpay for this quarter. 19/ Id. LEE CYLINDER DIV. OF GOLAY YEAR & QTR HOURS RATE GROSS NET INTERIM NET BACKPAY EARNINGS BACKPAY 271 1963 1 622.3 1.70 1,057.91 .00 1,057.91 2 537.5 1.70 913.75 .00 913.75 3 Vacation 48.0 1.70 477.5 1.70 893.35 .00 893.35 4 517.8 1.70 880.26 721.07 159.19 1964 1 71.1 1.70 436.6 1.80 906.75 869.48 37.27 2 525.6 1.80 946.08 936.25 9.83 3 Vacation 48.0 1.80 483.3 1.80 956.34 935.48 20.86 4 528.9 1.80 952.02 887.03 64.99 1965 3 Vacation 40.0 1.90 492.2 1.90 1,011.18 861.60 149.58 1966 3 Vacation 40.0 1.90 45.3 1.90 489.4 2.00 1,140.87 1,083.35 57.52 1967 2 196.5 2.00 393.00 361.72 31.28 TRIAL EXAMINER'S SUPPLEMENTAL DECISION WILLIAM J. BROWN, Trial Examiner: This supple- mental proceeding to determine amounts of backpay due in accordance with the Board's Deci- sion and Order, 156 NLRB 1252, and the enforce- ment decree of the United States Court of Appeals entered February 8, 1967, in Golay & Co., Inc. v. N.L.R.B., 371 F.2d 259, came on to be heard be- fore me at Richmond, Indiana, on April 28 to May 2, May 12 to 16, and May 19 to 21, 1969. The parties appeared and participated as noted above with full opportunity to present evidence and argu- ment on the issues . Subsequent to the close of the hearing briefs were received from the General Counsel and the Respondent and have been fully considered. On the entire record herein and on the basis of my observation of the witnesses, I make the follow- ing findings and conclusions: 1. INTRODUCTION TO THE ISSUES Under date of August 5, 1963, Trial Examiner James V. Constantine issued his Intermediate Re- port and Recommended Order in which he recom- mended that, as a consequence of certain unfair labor practices engaged in by the above-indicated employer, hereinafter referred to as "the Com- pany," the Company should be required to rein- state with backpay 18 employees discharged or 272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD refused recall in violation of the National Labor Relations Act, as amended. Thereafter, under date of February 4, 1966, the Board issued its Decision and Order requiring reinstatement with backpay of 28 additional employees' found by the Board to have also been discriminatorily discharged or refused recall in violation of the Act. As noted above, the court ordered enforcement of the Board's Order. Controversy having arisen over the amounts of backpay due in accordance with the Board's Order, the Regional Director for Region 25 issued, under date of January 10, 1969, the backpay specification and notice of hearing in this matter. At the hearing before me and in its brief the Company has advanced certain overall defenses to the amounts claimed due under the specification and has contested in the cases of all or most of the claimants numerous other defenses including, in most cases, the requirement of a diligent search for interim employment. We first consider the overall defenses. U. TOLLING The Company contends that the equities of the case and applicable Board precedents require the conclusion that backpay should be tolled as to those claimant employees found by the Trial Ex- aminer not to have been discriminated against, dur- ing the period between issuance of the Trial Ex- aminer's Decision and that of the Board. The Board's rule on the subject is set forth in A.P.W. Products Co., Inc., 137 NLRB 25, enfd. 316 F.2d 899 (C.A. 2), and in Ferrell-Hicks Chevrolet, Inc., 160 NLRB 1692. It is clear to me that the applica- ble policy is to preclude tolling except in those cases where substantial defenses are entitled to sympathetic consideration. While the circuit court's opinion in the instant case distinguishes among dis- criminatees on the basis of the type of company dis- crimination and the Company has acted at all times to advance the ultimate judicial resolution of the case, I cannot conclude that in the circumstances of this case backpay should be tolled for the period between the Trial Examiner's Decision and that of the Board. III. QUARTERLY COMPUTATION The Company contends that the quarterly method of computing backpay instituted in F. W. Woolworth Company, 90 NLRB 289, and applied by the Board in the instant case is oppressive in its ap- plication to the instant case. The application of the quarterly computation method is of long standing, has received Supreme Court approval, and was ap- plied by the Court of Appeals for the Sixth Circuit in Oman Construction Co., 338 F.2d 125. It is stan- dard operating procedure and I see no compelling ' One of the 28, Edward Herbert, was unavailable for employment dur- ing the backpay period and is not a claimant herein reason for departing from the established method in the instant case. IV. COMPUTATION OF AVERAGE HOURS The specification alleges that an appropriate measure of the hours the discriminatees, other than Heaston and Moistner,2 would have worked, absent the Company's discrimination against them, is the weekly average hours worked, as shown on Exhibit B to the complaint, by all employees of Department 500, in which they were employed at the time of their discharge, excluding group leaders, main- tenance men, stockroom clerk, watchmen, and em- ployees working less than 24 hours per week. This is a reasonably accurate and an acceptable basis for calculation of hours worked, see Ozark Hardwood Co., 119 NLRB 1130. The Company has submitted an authenticated compilation of average hours worked by employees exclusive of those who worked in the excluded occupations and those who worked less than 24 hours per week, Exhibit A at- tached to the Company's answer. The testimony in- dicates that the General Counsel's reconstruction of average hours worked should be adjusted in ac- cordance with this exhibit as amended by Respon- dent's Exhibit 19 for all quarters commencing with the fourth quarter of 1962, as follows: Quarter Specification Exh. 19 4/62 614.5 612.1 1/63 626 622.3 2/63 540.2 537.5 3/63 528 517.5 4/63 525.3 517.8 1/64 512.6 507.7 2/64 534.7 525.6 3/64 537.1 523.9 4/64 538.9 528.9 1/65 492.5 486.7 2/65 523.1 510.7 3/65 538.2 531.6 4/65 576.2 567.8 1/66 517.2 503.3 2/66 537.1 524.2 3/66 583.0 578.5 4/66 566.4 560.2 1/67 505.2 496.2 2/67 444.7 435.7 V. WAGE INCREASES In computing the allegations respecting backpay the General Counsel's specification has included 2 All dtscrimmatees except Heatson and Moistner worked in Department 500 LEE CYLINDER DIV OF GOLAY 10-cent wage increases on January 13, 1964, May 3, 1965, and July 11, 1966. It has been stipulated however, that the three 10-cent adjustments were not general across-the-board increases to all em- ployees, although the January 1964 increase went to 80 percent of the employees then in the unit. The Company's evidence indicates that the in- creases were in each instance adjustments in the minima and maxima of some but not all of the rate ranges for the several classifications. I agree with the assertion in the Company's brief that there is no basis for concluding that the evidence prepon- derates in favor of the conclusion that any particu- lar one or more of the discriminatees would have received these increases and they have not been in- cluded in recomputation of backpay herein. VI. INSURANCE CLAIMS The backpay specification includes claims for the cost of medical expenses incurred by discriminatees Eldridge, Keal, and Nick, which costs would have been included under the Company 's dependents' medical insurance plan to which the three were subscribers were it not for their discriminatory separation from employment during the period in which the costs were incurred . The General Coun- sel has allowed the Company a credit in the amount of the insurance premiums that would have been paid by the particular employee . The Company, re- lying on the circuit court's decision in N.L.R.B. V. Rice Lake Creamery Co., 365 F.2d 888 (C.A.D.C.), contends that if any dependent medical insurance claims are allowed the amounts of premiums paid by all dependent insurance subscribers, 23 in number, during the entire backpay period, must be deducted from their backpay . The Board rule ap- pears to be that only premiums of insurance claim- ants are offset, Rice Lake Creamery Co., 151 NLRB 1113, and [ it is] the Trial Examiner's obliga- tion to follow the Board rule. Accordingly , I reject the Company's contentions in this regard. VII. MILEAGE ALLOWANCES The Company objects to the inclusion in the specification of travel expense in seeking interim employment on any basis other than 8 cents per mile for miles actually traveled. In the Rice Lake Creamery case the Board approved of such al- lowances on the basis of either 10 cents per mile or, where it is more practical, actual expenses. I find no fault with the specification in this respect. VIII . THE INDIVIDUAL CLAIMS A. Walter R. Heaston Heaston's backpay period begins October 17, 3 In Baker's case and the cases of numerous other claimants there is con- siderable confusion in the record as to the dates on which claimants re- gistered for work at the Indiana Employment Security offices This is due in some cases to the claimants ' insistence that dates shown on their cards represent dates on which they appear at the office The testimony of Boggs, 273 1962, and ends December 3, 1962. The Company appears to have no objection to the backpay com- putation for Heaston but has denied any entitle- ment to backpay for failure to pursue a diligent search for interim employment. Aged 33 years at the time of the hearing, Heaston had spent his en- tire life in the Cambridge City, Indiana, area, where the Company's operations here involved are located. During the backpay period he was married and had three minor children living at home. Heaston applied for work at the Connersville of- fice of the Indiana State Employment Security Divi- sion and was told that no jobs were available. He visited that office weekly and was asked on each visit whether he had secured any employment. He was never told that work was available nor was he ever referred to a job. In addition Heaston applied for work at nine companies in the labor market area. Although the Company contends that work was available in the labor market area, it does not appear to have been available for Heaston not- withstanding his diligent search. I conclude that Heaston is entitled to the net backpay claimed for him in the specification in the amount of $522.56. B. Melvin Moistner Moistner's backpay period begins October 16, 1962, and ends December 3, 1962. The Company has no quarrel with the backpay duration , but con- tends that the backpay has been erroneously calcu- lated and that the specification reveals that the cor- rect backpay figure should be based on 253.77 hours at $1 .75 for a total of $444.10. I accept the Company's calculation in this regard. Moistner, a lifelong resident of the Cambridge City area, was purchasing a home and had two small children during his backpay period . During that period he registered for employment with the Indiana Employment Security Division and re- ported once a week without success. In addition he applied unsuccessfully for work at four business firms in the area. I conclude that he exercised due diligence in seeking employment and is entitled to backpay in the amount of $444.10. C. Marion K. Baker Baker's backpay period commenced March 25, 1963, and ended April 14, 1967. In the backpay period Baker, who had lived in the Cambridge City area for some 25 years, had six small children living at home. Baker, a welder, registered for work with the State Employment Security Division3 at Con- nersville in December 1962 and returned for rere- gistration for about 18 weeks thereafter. He also re- gistered at the Richmond office in 1963. During assistant manager of the Connersville office, establishes that the office was never open on a Saturday but also that the dates stamped are stamped as "week ending" dates I see no basis in Boggs' testimony for discrediting claimants' testimony as to the frequency of their registrations for employment 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD this period Baker applied for work at about 11 em- ployers in the Connersville area, several in the Hamilton area, three or more in Cincinnati, one in Dayton, one in Hagerstown, and several in Richmond. His specification shows that his- diligence in seeking other work resulted in substan- tial interim earnings, and I conclude that he ful- filled the obligation to seek interim employment. The Company contends that substantial reduc- tions in his backpay claim should be made for in- come, first revealed on cross-examination, from plowing for his landlord and hauling trash for neighbors. The evidence indicates that his gains from these casual ventures amounted to no more than $50 for plowing for his landlord, allowed in the form of rent reductions and some $4 for hauling trash mainly as a favor for neighbors. I conclude that his net backpay should be reduced by $54. I do not agree with the Company's contention that his late disclosure of these items rendered him an un- truthful witness on other matters. Neither do I see merit in the Company's contention that any sub- stantial alteration need be made in his claim for travel expenses in seeking employment. As indicated above, in determining backpay for Baker and others there is no basis for applying the 10-cent-per-hour increases and there should also be an adjustment to reflect the improper inclusion of nonunit employees in the constructed hours worked in the unit. Baker's reconstructed net backpay is as follows: Year & Corrected Corrected Net Quarter Hours Backpay 1963 ( I) no change $ 99.00* 4/ 1963 (II) 537.5 817.02 (III) * 277.82* (IV) 517.8 13.75 1964 (I) 507.7 208.38 (II) 525.6 346.08 (III) 523.9 327.40 (IV) 517.8 215.40 1965 (I) 486.7 25.20 (II) 510.7 223.40 (III) 531.6 223.19 (IV) 567.8 352.33 1966 (I) 0.00 (II) 0.00 (III) 578.5 165.71 (IV) 560.2 0.00* 1967 (I) 0.00* (II) 0.00* D. Earl R. Blair Blair's backpay period commenced March 25, 1963, and ended January 13, 1967. In this period Blair, who had lived in the Cambridge City area since 1946 and was married with one daughter who lived until 1965, registered for employment with the Indiana Employment Security Division early in 1963 and renewed his registration 10 or 12 times. He also applied for employment at approximately 20 employers in the labor market area. I find that he satisfied his obligation to obtain interim employ- ment. I credit Blair's testimony as to his efforts to secure employment notwithstanding his apparent contradictions on cross-examination. With respect to his admission on cross-examination that he made no effort to seek employment until June 1963, I do not regard this as militating against his testimony that he registered for employment with the state agency early in 1963 and conclude that he fulfilled his duty to seek employment either through the state source or through private employers. Reconstruction of Blair's hours and rate is as fol- lows: Year & Quarter Corrected Corrected Net Hours Backpay 1963 (I) 49.5* $ 89.10* (II) 537.5 967.50 (III) 535.7* 964.26 (IV) 517.8 785.04 1964 (I) 507.7 401.36 (II) 525.6 946.08 (III) 523.9 943.02 (IV) 528.9 952.02 1965 (I) 486.7 876.00 (II) 510.7 919.26 (III) 531.6 830.75 (IV) 567.8 895.92 1966 (I) 0.00 (II) 524.2 585.50 (III) 578.5 1,041.30 (IV) 560.2 998.36 1967 (I) 102.2 183.96 Total Net Backpay $12,433.31 E. James E. Caudill Caudill's backpay period commenced March 25, 1963, and ended December 16, 1966. During the Astensk here and hereinafter indicates no change from specification LEE CYLINDER backpay period he was unmarried and living with a sister. He had been a resident of the Richmond- Connersville area for about 4 years. During this period Caudill attempted to obtain employment by registration with the State Employment Service and by about 18 visits to the office at Connersville. He applied for work at seven or eight employers in the labor market area and his interim earnings record attests his efforts to mitigate damages. I find that he fulfilled his obligation to seek suitable employment during the backpay period. Reconstruction of Caudill's hours and net backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5 $ 79.20 (II) 537.5 768.00 (III) 517.5 342.70 (IV) 517.8 0.00* 1964 (I) 507.7 643.80 (II) 525.6 9.29 (III, et seq.) 0 00* . Total net backpay $1,842.99 F. Henry Cecil, Jr. Cecil's backpay period begins March 25, 1963, and ends March 27, 1967. During this period Cecil, who moved to the Connersville area only a year or so prior to the backpay period, had six minor chil- dren living at home. He registered for employment with State Employment Security offices in Conners- ville, Richmond, New Castle, Anderson, and Mun- cie, revisiting the offices several times and receiving several job referrals from these offices. In addition he sought work at more than a dozen employers during the period and succeeded in obtaining sub- stantial interim earnings. I find that he fulfilled his obligation to secure interim earned income. The Company contends that he is incorrectly credited in the specification with moving expenses of $25 in the second quarter of 1963 and there ap- pears merit in this contention since the move does DIV. OF GOLAY 275 not appear necessary to retain or secure income. Also there appears merit in the Company 's conten- tion that his reduction in earnings during the fourth quarter of 1966 was due to injury not shown to be work-connected ; as a consequence his earnings for that quarter should be reconstructed to allow a credit for what he would have earned absent the in- jury. Reconstruction of Cecil 's constructed hours and net backpay is as follows: Year & auarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 94.05 (II) 537.5 783.65 (III) 517.5 375.63 (IV) 517.8 264.15 1964 (I) 507.7 171.74 (II) 525.6 206.79 (III) 523.9 299.78 (IV) 528.9 0.00 1965 (I) 486.7 51.78 (II) 510.7 233.93* (III) 0.00 (IV) " 0.00 1966 (I) "0.00 (II) "0.00 (III) "0.00 (IV) 560.2 228.14 1967 (I) 496.2 202.54 Total Net Backpay $ 2 ,913.10 G. Walter W. Chaney Chaney's backpay period begins March 25, 1963, and ends June 8, 1967. Chaney had lived in the Connersville-Richmond area for some 24 years, owned his home there, and had one minor child at home. In accordance with a stipulation of the parties I find that he registered for employment with the State Employment Security Division and renewed his registration weekly. He also sought work at numerous private employers in the area. Chaney secured employment in May 1963. I find that he fulfilled his obligation to seek interim em- ployment. 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Reconstruction of Chaney's hours and net holiday pay 1965(111) 76.00 backpay is as follows: denied due to 1966(111) new em lo ee 76.00 Corrected p y Year & Corrected Net status Quarter Hours Backpay Total Corrected 1963 (I) 49.5* $ 89.10* (II) 537.5 552.37 (III) 517.5 268.88 (IV) 517.8 932.04 1964 (I) 507.7 369.86 (II) 525.6 154.08 (III) 523.0 0.00 (IV) 528.9 0.00 1965 et (I, seq.) Total Net Backpay $2,466.33 H. William O. Clemons Clemons' backpay period begins on December 5, 1962, and terminates July 28, 1966. During the backpay period Clemons, who was over 60 years of age at all material times, registered for employment at the Connersville and Indianapolis offices of the State Employment Security Division and also ap- plied directly to employers in Indianapolis, Cam- bridge, and Muncie. He was unsuccessful in secur- ing interim em r loyment probably due to his ad- vanced age. I find that he fulfilled his obligation to seek interim employment. Clemons was rehired by Golay October 21, 1963, as a new employee. He conceded earning $70 in the third quarter of 1963 not mentioned in the specification. Reconstruction of Clemons' hours and net backpay is as follows: Year & Quarte Corrected Hours Corrected Net Backpay 1962 (IV) 174* $ 295.80* 1963 (I) 622.3 1,057.91 (II) 437.5 913.75 (III) 517.5 809.75 (IV) 123.2* 209.44* Vacation and 1964(111) $50.40 ' The Company contends that Cornett removed himself from the labor market by going to Florida in December 1962, and in this connection points to correspondence between the Company and the Florida Industrial Commission I cannot interpret this correspondence as necessarily mihtat- Net Backpay $3,489.05 I. Harold E. Cornett Cornett's backpay period commences December 5, 1962, and ends April 14, 1967. During this period Cornett, who had lived in the Cambridge City labor market area for almost 20 years, was married and for most of the period had one minor child at home. Cornett registered for work with the State Employment Security office at Connersville and renewed his registration two or three times.' He applied for work at eight employers in the Con- nersville area and secured work in the second quarter of 1963 which continued to the end of the backpay period and which substantially reduced his backpay claim. I find that he fulfilled his duty of seeking interim earnings. In the fourth quarter of 1965 Cornett's earnings were diminished due to his participation in a strike from November 26, 1965, to January 19, 1966, and his earnings for that quarter should be reconstructed by averaging those for the next preceding and succeeding nonstrike quarters resulting in net interim earnings for the fourth quarter of 1965 in the amount of $978.50 and eliminating the claim of backpay for that quarter. Reconstruction of Cornett's hours and net backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 174* $ 261.00* 622.3 933.40 537.5 53.38 515.7 1.40 (IV) No backpay claimed for this and subsequent quarters. Total Corrected Net Backpay $1,249.18 J. George W. Dillman Dillman's backpay period extends from March 25, 1963, to April 17, 1967. Dillman had lived only ing against the testimony of Cornett and Union Representative Strickland, which I credit, that Cornett was in the Richmond-Cambridge City area at all material times. LEE CYLINDER DIV. OF GOLAY 277 a short time in the Cambridge City area prior to the commencement of his backpay period, was mar- ried, and had two minor children at home during that period . He registered for employment with the Connersville office of the State Employment Security Division and renewed his registration for 7 weeks thereafter . In addition, he sought work un- successfully at about eight employers in the labor market area and secured employment which sub- stantially reduced backpay claims commencing early in his backpay period. I conclude that at all times Dillman fulfilled his obligation to reduce earnings losses. In accordance with stipulations entered into at the hearing and Dillman's testimony at the hearing earnings from Sterling Castings in the amount of $414 should be added in the third quarter of 1965 eliminating any backpay claim for that quarter, and earnings from the same employer in the amount of $488.32 should be added in the fourth quarter of 1965 eliminating any backpay claim for that quarter. Also a 2-week sickness in February 1963 concededly eliminates any backpay for the first quarter of 1963. The General Counsel also con- ceded the earning of an additional $100 in the fourth quarter of 1963, reducing the net backpay for that quarter to $262.87. It also appears clear from Dillman's testimony and General Counsel's Exhibit 59 that earnings from Rex Gregg in 1964 and 1965 should be allocated as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 0.00 (II) 537.5 $ 513.00 (III) 0.00* (IV) 517.8 150.12 1964 (I) 507.7 310.89 (II) 0.00* (III) 523.9 890.63 (IV) 528.9 899.13 1965 (I) 486.7 541.09 (II) 0.00* (III) 0.00 (IV) 0.00 1966 (I) 0.00* (II) 0.00* (III) 0.00* (IV) 0.00* 1965 (I) 0.00* (II) 116.4* 97.80* Total Net Backpay $3,402.66 1964(11) $450.00 1964(111) 650.00 1964(IV ) 650.00 1965(I) 544.00 It also appears that the $46.41 earnings from Decatur Casting Co. allocated to the third quarter of 1963 properly should be allocated to the third quarter of 1963 reducing the net backpay for that quarter to $518.80. While employed by Rex Gregg and by Aldrich Farms in 1964 and 1965 Dillman was furnished with living quarters for himself and his family and I accept the Company's estimate of the reasonable value of this housing at $50 per month with the result that additional earnings of $100 should be credited for 1964( I), $150 for 1964(11 ), and $50 for 1965(I). The General Counsel concedes that $100 commissions earned in the fourth quarter of 1963 should be added to interim earnings; I reject the Company's contention that no backpay should be allowed for this quarter, since it appears that Dillman was attempting to mitigate losses by pursu- ing the insurance business in Virginia , but at all times left word as to where he could be reached if reemployment became available. Reconstruction of Dillman's hours and net backpay is as follows: K. Howard Durham Durham's backpay period begins March 23, 1963, and ends April 14, 1967. During this period Durham, who had lived in the Cambridge City area for about 12 years , was married and had two minor children at home. He registered for employment with the Indiana Employment Security Division at Connersville and renewed his registration about 19 times . He secured three interim jobs through the State Employment Security office and secured two interim jobs on his own. I credit his testimony as to his efforts to secure offsetting employment and find that he exercised due diligence in this regard. Reconstruction of Durham's hours and net backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 84.15* (II) 537.5 913.75 (III) 517.5 879.75 (IV) 517.8 647.26 427-835 0 - 74 - 19 278 DECISIONS OF NATIONAL Year & Quarter Corrected Hours Corrected Net Backpay 1964 (I) 0.00* (II) 525.6 0.00 (III) 0.00* (IV) 0.00* 1965 (I) 0.00* (II) 510.7 77.80 (III) 0.00* (IV) 0.00* 1966 (I) 0.00* (II) 0.00* (III) 0.00* (IV) 0.00* 1967 (I) 0.00* (II) 0.00 Total Net Backpay $2 ,602.71 L. George Eldridge Eldridge's backpay period begins November 26, 1962, and ends December 17, 1966. During this period Eldridge, who had lived in the Cambridge City area for about 27 years, was married and had three minor children living at home . He registered for work with the State Employment Security of- fices at Connersville and New Castle, returning about 15 times to the Connersville office. There is ample evidence that Eldridge diligently sought work at numerous employers and quite plainly ful- filled his duty to seek interim employment. With respect to the General Counsel's claim that the backpay owed Eldridge should include the amount of $151 for a maternity benefit under the Company's group insurance policy, for which El- dridge had applied shortly prior to the commence- ment of his backpay period, it appears that this claim was eliminated by full payment under the Union's group insurance policy. The Company also contends that backpay should be reduced for the period in 1964 in which he was employed on the Retz Farm because of illness of 1 week and also due to the fact that he was furnished a two-bedroom house as part of his wages. I find merit in these contentions and conclude that the amount of his backpay in the first and second quar- ters of 1964 should be reduced by $75 in each quarter to allow for rent-free use of the tenant 6 The Board found that Ford made an unconditional offer to return to work on this date and that he might have made an earlier application, leav- mg for compliance proceedings the matter of resovhng such possibility LABOR RELATIONS BOARD house and by $38 in the second quarter to allow for his week's illness. Reconstruction of Eldridge's hours and net backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1962 (IV) 242.9* $ 291.32* 1963 (I) 622.3 769.13 (II) 537.5 322.50 (III) 517.5 289.80* (IV) 517.8 7.85 1964 (I) 507.7 0.00 (II) 525.6 129.40 (III) * 0.00 Total Net Backpay $1,807.00 Ford's backpay period begins March 25, 1963,6 and ends April 17, 1967. During this period Ford, who had lived in the Connersville area all his life, was married and had two minor children living at home . Ford registered for work at the State Em- ployment Security offices at Connersville, New Castle, Richmond, and Muncie and revisited the of- fices at New Castle and Richmond several times. In addition he sought employment at numerous em- ployers in the area and succeeded in obtaining em- ployment early in his backpay period. I find that he exercised due diligence to find offsetting employ- ment during his backpay period. There appears to be merit in the Company's con- tention that the specification fails to include interim earnings at Rawlings Mfg. Co. in the first three quarters of 1964 as follows: 1964(I) $768.00 (II) 756.00 (III) 879.40 and these amounts should be offset against his backpay claim. Reconstruction of Ford's hours, earnings and net backpay is as follows: Corrected Year & Corrected Net Quarter Hours Backpay 1963 (I) 97.13 $ 142.60 (II) 537.7 68.56 There is no evidence to support a finding of an application poor to March 25, 1963. LEE CYLINDER Year & Quarter Corrected Hours Corrected Net Backpay (III) 515.7* 208.05 (IV) 525. 3* 0.00* 1964 (I) 507.7 44.32 (II) 525 . 6 84.96 (III) 523.9 0.00 (IV) 0.00* 1965 ( I) 486.7 47.26 (II) 0.00* (III) 0.00* (IV) 0.00* 1966 ( I) 0.00* (II) 0.00* (III) 0.00* (IV) 0.00* 1967 (I) 0.00* (II) 116 .4* 186.24 Total Corrected Net Backpay $ 781.99 N. Bivon Fowler The parties are in dispute as to the beginning date of Fowler's backpay period . The Board found that he made an unconditional application to return to work on March 25, 1963, and may have made such an application prior to that date . There is some confusion as to the exact recollection of Fowler on this subject, but I accept as the nearest approximation of the truth his testimony that it was only after several months of searching for alternate employment that he returned to the Company and applied to return for work . This would make the Company's contention that his backpay period began March 25, 1963, reasonably accurate and I accept it. There also appears merit in the Company's con- tention that the claim for transportation expenses in seeking work in 1963 is excessive and rests on no reasonable basis; the same is true with respect to travel expenses to and from work in 1963 and 1964 and the Company's reconstruction on a mileage ba- sis, with a correction to 10 cents per mile should be recognized. Reconstruction of Fowler's net backpay is as fol- lows: Corrected Year & Corrected Net Quarter Hours Backpay DIV. OF GOLAY 279 Year & Quarter Corrected Hours Corrected Net Backpay (II) 537.5 347.34 (III) 517.5 0.00 (IV) 123.2* 0.00* Total Corrected Net Backpay $ 442.34 0. Kenneth W. Fowler There is a dispute as to the beginning of Fowler's backpay period , a question on which the Board reserved ruling , but it appears clear from the testimony of Kenneth Fowler , which I credit, that on the Friday following the commencement of the strike of November 19, 1962 , when he reported to get his check he talked with Personnel Director Lunsford who asked him when he would return to work and Fowler said that he would when the picket line came down. Lunsford then told him to report Monday as he was sure the picket line would be gone. Fowler reported the following week when the picket line had been removed and was told by Superintendent Bigler that he had been replaced. I conclude that Fowler's backpay period should com- mence November 30, 1962 , and terminate, as the parties agree , April 17, 1967. During the backpay period Fowler, who had lived in the Cambridge City area his entire life, was mar- ried and had two minor children at home . Fowler registered for employment starting early in December 1962 at the State Employment Security offices at Connersville , Muncie, and Indianapolis, Indiana, and at Hamilton, Ohio. He renewed his re- gistration with the Connersville office a number of times. In addition he applied unsuccessfully at about a dozen employers in the labor market area. I find that he fulfilled his obligation to secure off- setting employment as is clearly reflected by his acquisition at an early stage of the backpay period of substantial interim earnings. There is merit in the Company's contention that the figure for moving expenses in 1963 (11) should be $90 rather than $125 in the specification and that he had an additional $1,045 self-employment income in 1964(IV). Reconstruction of Fowler's net backpay is as fol- lows: Corrected Year & Corrected Net Quarter Hours Backpay 1963 ( I) 40.00 $ 95 . 00 1962 ( IV) $ 333.37* 280 DECISIONS OF NATIONAL Year & Quarter Corrected flours Corrected Net Backpay 1963 (I) 622.3 1,057.91 (II), 537.5 40.53 (III) 517.5 0.00 (IV) 517 .8 50.58 1964 (I) 507.7 0.00 (II) 525.6 16.13 (III) 0.00* (IV) 0.00 1965 (1, et seq., no change) Total Corrected Net Backpay $1,498.52 P. John H. Fox John H. Fox's backpay period began March 25, 1963, and terminated December 20, 1963, when he entered a Richmond, Indiana, hospital where he remained until his death on July 17, 1964. During the backpay period Fox who had lived in the Con- nersville area for some 40 years had two dependent children living with him. He registered with the State Employment Security Division and also sought employment from private employers in Cin- cinnati, Hamilton, and Evendale. He secured em- ployment early in his backpay period and I con- clude that he fulfilled his duty to seek offsetting in- terim earnings. It appears that during the period of his unemployment Fox worked an average of 2 days a week at odd jobs and, assuming payment at an hourly rate of $1.40, earned $22.40 per week most probably allocable to the first quarter of 1963 in which he was otherwise totally unemployed. The General Counsel amended the specification at the hearing to include a claim for $1,000 on ac- count of the cancellation of the policy by the Com- pany on November 19, 1962 . It is clear that this policy was a condition of employment and the claim should be allowed without diminution for premiums since the evidence indicates that this type of coverage was paid entirely by the Company. Reconstruction of Fox's hours and net backpay, payable to his next of kin, is as follows: ' Reduced because of sickness covering I 1 workdays in June-July 1966 LABOR RELATIONS BOARD Year & Q uarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 76.60 (II) 537.5 660.65 (III) 0.00* (IV) 485.5* 305.28 Insurance Benefit 1,000.00 Total Corrected Net Backpay $2,042.53 Q. Marvin Frady Frady's backpay period begins March 25, 1963, and ends April 17, 1967. During this period Frady was about 50 years of age and had lived some 20 years in the Cambridge City area. He married a widow with four minor children January 29, 1966, had a daughter born, and was divorced January 6, 1967. Frady registered for work at the Richmond office of the Indiana State Employment Security Division some time in January 1963 and renewed his registration weekly during periods he was unem- ployed. He applied for work at only six private em- ployers. I agree with the Company that Frady failed to exert reasonable effort to secure offsetting em- ployment until the third quarter of 1965 and con- clude that he is entitled to backpay only commenc- ing with that quarter. Reconstruction of Frady's net backpay is as fol- lows: Year & Q uarter Corrected Hours Corrected Net Backpay 1965 (III) 531.6 453.73 (IV) 567.8 965.26 1966 (I) 503.2 443.94 (II) 524.2 0.00* (III) 578.5 0.00 7/ (IV) 560.2 0.00 1967 (I) 0.00* (II) 0.00* Total Net Backpay $1,862.93 R. Gerald D. Goble Goble appears to have initiated arrangement for operation of a Texaco Service station shortly prior Goble's backpay period begins March 25, 1963, to the commencement of his backpay period and and ends December 16, 1966. During this period commenced that work about the commencement of Goble, who had lived in the Cambridge City area the backpay period. all his life, was married and had one minor child. Reconstruction of his backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 30.57* (II) 537.5 320.29 (III) 0.00* (IV) 0.00* 1964 (I) 507.7 329.92 (II) 0.00* (III) 523.0 0.00 (IV) 0.00* 1965 (I) 486.7 234.79 (II) 0.00* (III) 0.00* (IV) 567.8 65.84 1966 (I) 0.00* (II) 0.00* (III) 0.00* (IV) 0.00* Total Net Backpay $ 981.41 S. Bennie J. Hall Hall's backpay period begins March 25, 1963, and ends January 27, 1967. During this period Hall, who had lived in the Cambridge City area since 1946, was married and had two minor children at home during the period March 1963 until March 1966. After an initial registration in 1962 solely for the purpose of unemployment compensation, Hall registered and applied for work at the State Em- ployment Security offices at Connersville, Muncie, and Anderson. He also applied at private employers 1964 I 36 miles x II III IV 1965 I LEE CYLINDER DIV. OF GOLAY -281 in Connersville, Muncie, Anderson, Richmond and other cities in the area, and eventually succeeded in securing substantial offsetting interim employment. I find that he exercised due diligence in seeking work during his backpay period. There appears to be merit in the Company's posi- tion respecting the proper allowance for travel ex- pense during the period of his employment at K. Horton & Sons, Inc., during 1964 and the first quarter of 1965 and the travel claims should be reconstructed, on a 10-cent-per-mile basis as fol- lows:" 21 days 19 It 74 59 II $ 75.66 68.40 266.40 212.40 50.40 e The record would seem to establish that in this period Hall lived at similar defect in the mileage claimed for work at Wilkinson it would appear Dublin rather than Shirley, h.diana, but the difference in mileage appears that any discrepancy is insubstantial in view of the distances involved to be relatively insignificant With respect to the contention that there is a 282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Reconstruction of Hall's backpay is as follows: Year & Q uarter Corrected Hours Corrected Net Backpay 1963 (I) 79,20* $ 79.20* (II) 537.5 860.00 (III) 517.5 828.00 (IV) 517.8 590.68 1964 (I) 507.7 305.34 (II) 525.6 570.86 (III) 0.00* (IV) 528.9 0.00 1965 (I) 486.7 573.12 (II) 510.7 144.90 (III) 531.6 185,56 (IV) 506.7* 0.00* 1966 (I) 0.00* (II) 0.00* (III) 0.00* (IV) 0.00* 1967 (I) 198.0* 317.80 Total Net Backpay $4 ,715.46 T. Thomas J. Harrison Harrison's backpay period commenced March 25, 1963, and terminated January 13, 1967. During this time Harrison, who was 46 years old at the start of the period, had lived in the Cambridge City area for more than 20 years and had one adult son living with him for a small part of the period. He re- gistered for employment only at the Connersville office of the State Employment Security Division and apparently renewed his registration weekly in the period December 1962 until December 1963. During the period of his employment at Golay and thereafter Harrison was without the sight of one eye, a handicap which prevented his obtaining at least one job during his backpay period. While Har- rison applied for work at a substantial number of private employers in the area, the evidence in- dicates that he made no such applications after May 1963. I conclude that his backpay should cease as of December 31, 1963, the last period of registration with the State Employment Security Division. Reconstruction of Harrison's backpay is as fol- lows: Year & Quarte Corrected Hour Corrected Net Backpay 1963 (I) 49.5* $ 84.15* (II) 537.5 903.75 (III) 528.0* 910.69 (IV) 517.8 880.26 Total Corrected Net Backpay $2,778.85 U. Robert Isaacs Isaacs' backpay period extends from March 25, 1963, until April 17, 1967. During this period Isaacs, who had lived some 20 years in the Cam- bridge City area, was married and had one minor child living at home. I found him a thoroughly credible witness. He registered for work at the Con- nersville office of the Indiana Employment Security Division late in 1962 and renewed his registration approximately weekly until October 22, 1963. In addition he applied at a substantial number of private employers and the evidence leaves no doubt that both in the frequency and variety of his work searches he fulfilled his duty to seek interim em- ployment. Reconstruction of Isaacs' backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 89.10* (II) 537.5 613.87 (III) 517.5 913.59 (IV) 517.8 932.04 1964 (I) 507.7 740.61 (II) 525.6 332.88 (III) 523.9 0.00 (IV) 528.9 0.00 1965 (I) 486.7 5.50 (II, 0.00 et seg. ) Total Corrected Net Backpay $3,527.59 V. Jesse James James' backpay period extends from September 28, 1962, to June 8, 1967. During this period LEE CYLINDER James, who was in his thirties and had lived in the Connersville area for more than 20 years , was mar- ried and had three minor children living at home. James registered for work with the Connersville of- fice of the Indiana State Employment Security Divi- sion early in October 1962 and renewed his regis- tration weekly until March 1963. He obtained em- ployment at sale barns in the second quarter of 1963 which continued through the fourth quarter of 1964 at which time he obtained substantial off- setting earnings. I also credit his testimony that he applied for work a substantial number of times at about 10 other private employers . I conclude that he satisfactorily met his obligation to seek interim employment. Reconstruction of James' backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1962 (IV) 612.1 $1,040.57 1963 (I) 622.3 1,057.91 (II) 537.5 783.75 (III) 517.5 749.75 (IV) 517.8 750.26 1964 (I) 507.7 763.09 (II) 525.6 772.27 (III) 523.9 697.52 (IV) 528.9 572.76 1965 (I) 486.7 0.00 (II) 510.7 0.00 (III) 531.6 0.00 (IV) 567.8 0.00 1966 (I) 0.00* (II) 524.2 38.65 (III) 0.00* (IV) 560.2 26.79 1967 (I) 496.2 545.26 (II) 0.00* Total Corrected Net Backpay $7,758.58 W. John F. Jamison Jamison's backpay period extends from March 25, 1963, to December 17, 1966. During this period Jamison, who had lived his entire life in the Cambridge City area, was married, divorced, and remarried , and apparently childless. Jamison re- gistered for work with the Connersville office of the Indiana State Employment Security Division some- time in late 1962 and renewed his registration DIV. OF GOLAY 283 about 10 times. In addition he sought work at four employers in the labor market area . The record leaves me unconvinced that he exercised due diligence in seeking employment during the period from the fourth quarter of 1963 through the third quarter of 1964 and I can see no basis for allowing backpay during this period. In other respects there appears sufficient evidence to support the allega- tions of the specification. Reconstruction of Jamison 's backpay is as fol- lows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 14.20* (II) 537.5 584.95 (III) 517.5 670.35 (IV) through 1964 (II) 0.00 1964 (III) 523.9 802.36 (IV) 528.9 86.60 1965 (I) 486.7 32.99 (II) 510.7 53.80 (III, et seq.) 0.00 Total Corrected Net Backpay $2,243.25 X. Walter L. Jones Jones' backpay period extends from March 25, 1963, to April 21, 1967. During this period Jones, who had lived in the Cambridge City area for some 20 years, was married and had a son living at home. Jones registered for work with the Connersville of- fice of the Indiana State Employment Security Divi- sion on December 1, 1962, and renewed his regis- tration weekly until March 1963. In addition he ap- plied at private employers and succeeded in secur- ing substantial earnings commencing with the third quarter of 1963. There appears merit in the Com- pany's position that his travel expenses for the period of his employment in Lynn while living in Centreville should be readjusted to reflect a round- trip distance of 27 miles at 10 cents per mile. This would reduce expenses in the period 1963(11) to $18.90, leaving net interim earnings for that quarter at $256.21 instead of the $235 . 11 in the specification. 284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Reconstruction of Jones' backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 84.15* (II) 537.5 657.54 (III) 517.5 83.05 (IV) through 1966 (III) 0.00* 1966 (IV) 560.2 0.00 Year & Q uarter Corrected Hours Corrected Net Backpay (III) 517. 5 220.00 (IV f It s eq.) 0.00 Total Corrected Net Backpay $2,335.65 Total Corrected Net Backpay $ 824.74 Y. Ronald Keal Keal's backpay period extends from December 4, 1962, until December 17, 1966. During this period, as appears from a stipulation as to what Keal would testify if called , Keal, who lived in the Cambridge City area all his life until his move to Marion, Indi- ana, in 1953 , was married and had two children, one born during the backpay period. He registered for employment with the Connersville office of the Indiana State Employment Security Division in December 1962 and renewed his registration in January and February 1963; he also registered in September 1963 at the Marion office . There ap- pears to be no question as to the diligence of his search for work which resulted in his obtaining sub- stantial offsetting earnings in the third quarter of 1963 and thereafter . Nor does the Company press any objection respecting Keal's claim for hospital and surgical benefits covered under the Company's insurance plan. With respect to the Company's position that the amount claimed for transportation in 1963(11) should be reduced to a daily round trip of 146 miles at 8 cents per mile for 44 workdays or a total of $513.02, I find that the corrected mileage allowance of 10 cents per mile at the 146 mile distance makes no substantial difference in the specification. Reconstruction of Keal 's backpay is as follows: Year & Q uarte Corrected Hours Corrected Net Backpay 1962 (IV) 196.1* $ 342.98* 1963 (I) 622.3 1,090.14 (II) 537.5 682.53 Z. Robert G. Lawrence Lawrence's backpay period extends from December 10, 1962, to April 21, 1967 . During this period Lawrence , aged in the twenties , was mar- ried, had one minor child at home, and had lived his entire life in the Cambridge City area. He re- gistered for work with the Richmond and New Cas- tle offices of the State Employment Security Divi- sion and applied for work at a substantial number of employers in six cities in the labor market area. He succeeded in obtaining substantially offsetting employment in the second quarter of 1964 and I conclude that he fulfilled his obligation to seek in- terim employment. Reconstruction of Lawrence 's backpay is as fol- lows: Year & Quarter Corrected Hours Corrected Net Backpay 1962 (IV) 140 . 8* $ 207.48* 1963 ( I) 622 . 3 995.68 (II) 537. 5 859.00 (III) 517.5 718.72 (IV) 517.8 335.58 1964 (I, et seq.) 000.00 Total Corrected Net Backpay $3,116.46 AA. Robert V. Meyer Meyer's backpay period extends from March 25, 1963, to June 8, 1967. During this period Meyer, who had lived his entire life in the Cambridge City area, was married and had two minor children liv- ing at home. Meyer registered for employment at the Connersville office of the Indiana State Em- ployment Security Commission on December 8, LEE CYLINDER DIV. OF GOLAY 285 1962, and renewed his registration weekly until March 2, 1963. In addition Meyer applied for work weekly during the period November 26, 1962, until March 4, 1963, at more than a dozen employers in the labor market area. I find that he fulfilled his duty to seek offsetting interim employment. The backpay specification was amended at the hearing to include union dues expenses of $12 per quarter during the course of his employment in the period from 1963(11) through 1965(IV). Reconstruction of Meyer's backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 49.20* (II) 537.5 223.37 (III) 517.5 198.56 (IV) 517.8 9.09 1964 (I) 507.7 59.67 (II) 525.6 92.89 (III) 523.9 159.64 (IV) 528.9 69.32 1965 (I) 486.7 0.00* (II) 510.7 0.00 (III) 531.6 95.78 (IV, et seq .) 0.00 Total Corrected Net Backpay $ 908.42 BB. Willie Joe Mills Mills' backpay period extends from March 25, 1963,8 until April 21, 1967. During this period Mills, who had spent his entire life in the Cam- bridge City area, was in his twenties, married, and had minor children at home during part of the period. Mills registered for employment with the Em- ployment Security Division office at Connersville early in December 1962 and renewed his registra- tion at that office weekly for about 20 weeks. He also registered at the New Castle and Richmond Employment Security offices in March 1963 and returned to those offices 8 or 10 times. In addition he sought employment at several private employers in the labor market area and succeeded in finding substantial offsetting earnings in the first quarter of 1964. 1 find he fulfilled his obligation to seek interim employment. Reconstruction of Mills' backpay is as follows: Corrected Year & Quarter Corrected Hours Net Backpay 1963 (I) 124.5 $ 109.40 (II) 537.5 842.60 (III) 517.5 828.00 (IV) 517.8 653.33 1964 (I) (II, 507.7 0.00 et seq.) 0.00* Total Corrected Net Backpay $2,431.33 CC. Charles E. Nash There is a dispute as to the beginning date of Nash's backpay period, but it appears clear on the basis of the Intermediate Report of Trial Examiner Constantine , the Board's decision , and Nash's testimony, which I credit, that he made an uncondi- tional offer to return to work in December 1962. Nash did not testify as to any particular date in December and from this failure it must be presumed that the applicable date would be December 31. I conclude that his backpay period extends from January 1, 1963, to October 18, 1963. During the backpay period Nash, who had lived in the Cambridge City area for some 10 years, was married and had two small children living at home. Nash registered for work with the Connersville of- fice of the Indiana Employment Security Division in December 1962 and renewed his registration weekly until March 1963. In addition Nash sought work at a substantial number of private employers in the labor market area and his expenses were in fact incurred and are properly allowable. I find that he made diligent search for offsetting employment. The evidence indicates that Nash was out sick 2 weeks in June 1963, but the record indicates that the specification allowed for that as lost time. Reconstruction of Nash's backpay is as follows: Corrected Year & Corrected Net Quarter Hours Backpay 1963 (I) 622.3 $1,186.37 (II) 458.0* 761.95* (III) 517. 5 28.86 Total Corrected Net Backpay $1,977.18 I he specification computes the backpay period from December 5, 1962, but I find merit in the Company's brief contention that the Board's Decision makes clear that March 25 , 1963, is the correct date 286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DD. Robert Lee Nick Nick's backpay period extends from March 25, 1963, to April 21, 1967. During this period Nick was married, had one minor child living at home, and had lived in the Cambridge City area since 1957. Early in the backpay period Nick re stered for work with the Employment Security Division at Connersville and renewed his registration five or six times . In addition he sought and obtained substan- tial offsetting earnings from private employers early in the backpay period . There can be no reasonable doubt as to his diligence in this regard. Nick was idle for 8 weeks commencing November 18, 1965, due to a strike and his refusal to cross the picket line and should be denied backpay for this period, reconstructing interim earnings on the basis of those earned in the preceding quarter. Reconstruction of Nick's backpay is as follows: Year & Quarter , Corrected Hours Corrected Net Backpay 1963 (I) 49.5* 5.22* (II) 537.5 120.00 (III) 517.5 0.00 (IV) through 1965 (III) 0.00 1965 (IV) 567.8 0.00 1966 (I and II) 0.00* 1966 (III) 578.5 0.00 (IV) 0.00 1967 (I) 0.00 (II) 155.4* 15.80 Total Corrected Net Backpay $ 141.02 Topeka, Kansas, in September 1963 where he secured employment which continued until the time of the hearing in the instant proceedings. I find that he exercised due diligence in seeking interim earnings. It also appears reasonable to allow his travel costs in the amount of $50 for driving to Topeka in view of the circumstances of lack of work in the Cambridge City area and the opportu- nity to work in Topeka where his brother was em- ployed and informed as to employment opportuni- ties. There appears merit, however, in the Com- pany's position that his claim for expenses looking for work in 1963(IV) is excessive and that only $35 is allowable as expenses in search of work in that quarter. It also appears that O'Dear was sick for 5 weeks in 1963(IV), that he had additional income of $100 in the form of rent in that quarter, and that his gross backpay and interim earnings should be adjusted accordingly. Reconstruction of O'Dear's net backpay is as fol- lows: EE. Bill E. O'Dear O'Dear's backpay period extends from March 25, 1963, until December 17, 1966. During this period O'Dear, who was 24 years of age in 1963 was un- married and had lived in the Cambridge City area since 1956. He registered for employment at the In- diana State Employment Security offices at Con- nersville, Richmond, New Castle, and Marion and renewed his registrations numerous times . In addi- tion he applied for work at several gas filling sta- tions and other private employers in the Cambridge City labor market area. In 1963(111) he moved to Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 0.00* (II) 537.5 190.30 (III) 540.76* (IV) 318.0 10/ 408.80 1964 (I) 507.7 129.72 (II) 525.6 274.42 (III) 523.9 245.84 (IV) 528.9 163.64 1965 (I) 486.7 60.79 (II) 510.7 137.22 (III) 531.6 95.91 (IV) 506.7* 254.60 1966 ( I) 81.9* 0.00* (II) 524.2 0.00 (III) 0.00* * (IV) 0.00 Total Corrected Net Backpay $ 2,502.00 FF. Paul E. Paris Paris' backpay period extends from November 19, 1962, until June 8, 1967. During this period Paris, who had lived all his life in the Cambridge City area, married in 1965. Paris registered for work with the Connersville office of the Indiana Employment Security Division and renewed his re- 10517.8x8/13. LEE CYLINDER gistration weekly for about 5 months until he was informed by that office that he would be telephoned if work became available. In addition Paris applied for work, commencing in late November 1962, at a number of private employers and succeeded in securing county and city employ- ment in the labor market area until he moved to New Jersey in 1965(111), and succeeded in eliminat- ing substantial backpay thereafter." Paris concedes that in each winter of the backpay period he had sickness which appears to average out about 40 hours in each fourth and first quarter and his gross backpay for each such quarter is reconstructed below to allow for such unavailability for work. Reconstruction of Paris' net backpay is as fol- lows: Year & Quarter Corrected Hours Corrected Net Backpay 1962 (IV) 443.1 $ 753.27 1963 (I) 582.3 989.91 (II) 537.5 904.75 (III) 454.9* 773.23* (IV) 477.8 703.26 1964 (I) 467.7 479.96 (II) 525.6 60.69 (III) 523.9 34.74 (IV) 0.00* 1965 (I) 446.7 9.46 (II) 510.7 0.00 (III) 531.6 102.70 (IV) 3.26 1966 (I) 81.9* 0.00* (II) 524.2 0.00 (III) 578.5 11.42 (IV, at seq.) 0.00 Total Corrected Net Backpay $4,826.61 GG. Lester A. Pebworth Pebworth's backpay period extends from November 30, 1962, until April 28, 1967. During this period Pebworth, who had lived all his life in the Cambridge City area, was married and had three minor children living at home. Pebworth re- gistered for work with the State Employment DIV. OF GOLAY 287 Security Division in November 1962 and renewed his registration weekly thereafter. In addition he sought work at a substantial number of private em- ployers and obtained employment early in the period which eventually led to an early attrition of backpay. There appears to be no question as to his diligence in seeking work or in the reasonableness of his expenses incurred in his efforts. Reconstruc- tion of Pebworth's backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1962 (IV) $ 0.00* 1963 (I) 622.3 883.27 (II) 537.5 589.85 (III) 517.5 469.13 (IV) 517.8 248.69 1964 (I) 507.7 211.73 (II, et seq.) 0.00 Total Corrected Net Backpay $2,402.67 HH. James H. Powell Powell's backpay period extends from March 25, 1963, to April 21, 1967. During this period Powell, who had lived his entire life in the Cambridge City area, was married and had six minor children living at home. Early in 1963 Powell registered for em- ployment with the State Employment Security Divi- sion at Connersville and renewed his registration weekly for some indefinite period. In addition he applied for work at some 25 employers in the labor market area and succeeded in securing substantial offsetting earnings in the third quarter of 1963. I find that he exercised due diligence in seeking in- terim employment. The Company contends that al- lowance should be made for certain self-employ- ment income but the specification seems to reflect all such income as the record indicates was earned. The Company also contends that allowance should be made for excessive absence but there is no basis for concluding that the figure suggested of 144 hours in 1962 is accurate and leave records were not produced. " The Company contends that travel expense to New Jersey should not be recognized, but the evidence is that the travel was undertaken primarily in the quest of work 288 DECISIONS OF NATIONAL LABOR Reconstruction of Powell's backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 49.5* $ 89.10* 537.5 860.50 517.5 256.70 517.8 190.94 507.7 131.96 525.6 141.83 523.9 97.02 528.9 149.52 486.7 53.56 510.7 149.76 531.6 118.38 506.7* 55.81 122.7* 0.00 524.2 174.06 0.00* 566.4* 0.00 196.2 892.56 155.4* 279.72 Total Corrected Net Backpay $3,601.42 II. Donnie Ray Purvis Purvis' backpay period extends from March 25, 1963, until April 28, 1967. During this period Pur- vis was married and had lived in the Cambridge City area since 1942. He registered for work with the Employment Security Division office at Con- nersville in December 1962 and renewed his regis- tration weekly for 26 successive weeks. In addition Purvis applied unsuccessfully for work at more than 15 employers in the labor market area. He secured farm work early in his backpay period and secured substantial offsetting employment commencing the fourth quarter of 1964. I find that he exercised due diligence in seeking to offset his backpay claim. The Company contends that he is to be disallowed backpay on account of illness and participation in a strike in August, September, or October, 1965, but has failed to show which calendar quarter the absences occurred in. Reconstruction of Purvis' backpay is as follows: Corrected Year & Corrected Net Quarter Hours Backpay RELATIONS BOARD Year & Q uarter Corrected Corrected Net Hours Back2ay (II) 537.5 650.41 (III) 517.5 416.75 (IV) 517.8 0.00 1964 (I) 507.7 439.69 (II) 525.6 471.28 (III) 523.9 492.13 (IV) 528.9 0.00 1965 (I) 486.7 0.00* (II) 0.00* (III) 531.6 0.00* (IV, et seq.) 0.00 Total Corrected Net Backpay $2,476.81 JJ. James F. Raby Raby's backpay period extends from November 25, 1962, until December 16, 1966. During this period Raby, who had lived his entire life in the Cambridge City area, was married and had one child born in 1965. Raby registered for work with the Connersville office of the State Employment Security Division in December 1962 and renewed his registration three or four times. In addition he sought employment at several private employers in the Cambridge City area. He secured employment in the first quarter of 1963 which developed in the third quarter of 1963 into earnings eliminating backpay thereafter. I find that he fulfilled his duty to seek offsetting earnings and that his claims for expenses are reasonable and were actually in- curred. James F. Raby's reconstructed net backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1962 (IV) 242.9* $ 437.22* 1963 (I) 622.3 983.50 (II) 537.5 390.86 (III) 0.00* (IV) 0.00* 1964 (I) 507.7 0.00 (II, et seq •) 0.00* Total Corrected 1963 (I) 49.5* $ 26.55* Net Backpay $1,811.58 LEE CYLINEER KK. John A. Raby John Raby's backpay period extends from March 25, 1963, until December 16, 1966. During this period Raby, who had lived in the Cambridge City area since 1948, was married and purchasing a home. He registered for work with the Connersville office of the State Employment Security Division and renewed his registration periodically thereafter. In addition he looked for work at a number of private employers in the area and obtained substan- tial offsetting earnings relatively early in his backpay period. I find that he exercised due diligence in seeking interim employment and that he is entitled to backpay in accord with the specifi- cation adjusted only for corrected hours and rates. I reject the Company's contention that backpay must be disallowed for an 8-day period in February 1966 since the evidence does not indicate that he was voluntarily unemployed in this period but rather delayed in a preemployment physical examination. Reconstruction of John A. Raby's net backpay is as follows: Corrected Year & Corrected Net Quarter Hours Backpay 1963 (I) 49.5* $ (II) 537.5 (III) 517.5 (IV) 517.8 1964 (I) 507.7 (II) 525.6 (III) 523.9 (IV) 528.9 1965 (I) 486.7 (II) 510.7 (III) 531.6 (IV) 567.8 1966 (I) 434.8* (II, et seq •) 99.00 496.00 256.60 396.11 627.21 530.57 533.10 134.46 33.40 181.40 113.20 160.60 83.88 0.00 Total Corrected Net Backpay $3,646.53 LL. Paul E. Sams Sams' backpay period extends from March 25, 1963, until December 17, 1966. Sams had lived in the Cambridge City area since 1953 and during the 12 Steele had a lengthy record of convictions for misdemeanors and one conviction for burglary for which he received a suspended 2-year sentence Even taking this record into account I credit his testimony before me as to his efforts to secure employment The Company contends that he should be DIV. OF GOLAY 289 backpay period was married and had a child and a stepchild living at home. He registered for work commencing in January 1963 at the State Employ- ment Security offices at Indianapolis, Connersville, and Richmond and applied for work at several private employers. He secured substantial offsetting employment at the commencement of his backpay period resulting in the elimination of backpay claims since the third quarter of 1963. Reconstruc- tion of his backpay is as follows: Corrected Year & Corrected Net Quarter Hours Backpay 1963 ( I) $ 0.00 (II) 537 .5 98.78 (III, et seq.) 0.00 Total Corrected Net Backpay $ 98.78 MM. James A. Steele Steele's backpay period begins on the date, December 4, 1962, on which he was found by the Board to have unconditionally applied for return to work and ends June 8, 1967. During this period Steele, who had lived in the Cambridge City area for some 20 years, was married and had two minor children living at home. Steele registered for work with the Connersville office of the State Employ- ment Security Division early in his backpay period and renewed his registration thereafter in weeks when he was not employed. In addition he sought work directly at numerous employers in the labor market area and succeeded in securing offsetting employment early in his backpay period' which sub- stantially eliminated his backpay claims by the first quarter of 1965. The record convinces me that he fulfilled his duty to seek interim offsetting earnings.12 Reconstruction of Steele's net backpay is as fol- lows: Year & Quarter Corrected Hours Corrected Net Backpay 1962 (IV) 196.1* $ 392.20 1963 (I) 622.3 1,244.60 (II) 537.5 654.24 (III) 517.5 624.14 debited with 1-week backpay for disability due to hospital -treated stab wounds in September 1963, but his testimony is that he was hospitalized only for 3-4 hours and it cannot be presumed that his disability extended longer than this short interval 290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Year & Quarter Corrected Hours Corrected Net Backpay (IV) 517.8 894.22 1964 (I) 507.7 789.64 (II) 525.6 738.42 (III) 523.9 543.65 (IV) 528.9 460.47 1965 (I) 486.7 33.09 (II) 510.7 0.00 (III) through 1967 (I) 0.00* 1967 (II) 409.4* 0.00 Total Corrected Net Backpay $6,374.67 NN. Richard A. Toney Toney's backpay period extends from March 25, 1963, until December 17, 1966. During this period Toney, who had lived in the Cambridge City area all his life, got married on June 16, 1965. He re- gistered for work with the State Employment Security Division at Connersville and applied at several private employers, securing substantial off- setting earnings early in his backpay period. There appears to be no question as to his diligence in seeking interim work. The General Counsel has conceded that Toney was unavailable for work for 1 week in the summers of 1964 and 1965 and for 6 weeks in the fall of 1965. Reconstruction of Toney's backpay is as follows: Corrected Year & Quarter Corrected Hours Net Backpay 1963 (I) 49.5* $ 51.40* (II) 537.5 261.02 (III) 517.5 233.70 (IV) through 1965 (II) 0.00 1965 (III) 531.6 0.00 (IV) 310.8 13/ 0.00 1966 (I and II) 0.00 (III) 578.5 72.42 (IV) 0.00* Total Corrected Net Backpay $ 618.54 " 7/13 of 567 8. 00. Andrew J. Transier Transier's backpay period extends from March 25, 1963, to April28, 1967. During this period, Transier, who had lived in the Cambridge City area since 1960, was married and had two minor chil- dren living at home. Transier registered for employ- ment with the Connersville office of the State Em- ployment Security Division in December 1962 and renewed his registration weekly at least until Au- gust 1963. He also registered with the Employment Security offices at Richmond, Muncie, and New Castle and renewed his registrations at those offices numerous times. In addition he sought work at nu- merous private employers in the labor market area securing some low pay work early in the backpay period which became substantially offsetting em- ployment commencing in the third quarter of 1964. There appears to be no question raised as to his diligence in this regard and I find that he fulfilled his duty to seek offsetting interim employment. There appears merit in the Company's conten- tions (1) that there should be allowance for casual employment at Holiday Service Station in the amount of $16 per quarter for each of the last three quarters of 1963, and (2) that the cost of union dues while employed at DeRose Industries during the period 1964(IV) through 1966(11) should be $10 per quarter instead of $15. The contention that Transier was voluntarily unemployed through par- ticipation in a strike in 1967(I) is immaterial since no backpay is claimed for this period. Reconstruction of Transier's backpay is as fol- lows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 84.15* (II) 537.5 870.25 (III) 517.5 740.03 (IV) 517.8 792.18 1964 (I) 507.7 763.14 (II) 525.6 51.24 (III) 523.9 0.00* (IV) 528.9 215.05 1965 (I) 486.7 227.32 (II) 510.7 18.33 (III) 531.6 65.33 (IV) 506.7* 87.22 1966 (I and II) 0.00* (III) 578.5 83.98 (IV) 0.00* LEE CYLINDER DIV. OF GOLAY 291 Year & Quarter Corrected Hours Corrected Net Backpay 1967 (I) 0.00* (II) 196 . 5* 0.00 Total Corrected Net Backpay $ 3,998.24 PP. Billy R. Tyree Tyree's backpay period begins March 25, 1963. There is a dispute as to its terminal date, the General Counsel's motion to amend the specifica- tion to allege a termination date of July 30, 1967, instead of June 8, 1967, being allowed by the Trial Examiner. In this regard the evidence indicates that although the Company wrote Tyree an offer of im- mediate and full reinstatement under date of December 10, 1966 , when Tyree appeared and stated his acceptance of that offer he was told that no work was available and that he would be notified at a later date. On June 8, 1967, another written offer of immediate and full reinstatement was made and accepted by Tyree (with the un- derstanding that his 18-day National Guard duty would first have to be served ) but the evidence in- dicates quite plainly that the proffered employment was quite plainly substantially below the level of his prior position and was on that account rejected by Tyree. I find that his terminal backpay date is properly set at July 30, 1967. The General Counsel moved at the hearing to strike interim earnings in the backpay period from Economy Oil Corp . on the ground that such income was no more than a continuation of supplemental employment antedating the backpay period. The evidence indicates that this employment antedated the strike by only a little more than 1 month and it cannot be regarded as established supplemental employment. I am convinced that the Economy Oil Corp. earnings are properly credited in the specifi- cation as interim earnings.14 During the backpay period Tyree, who had lived in the Cambridge City area for more than 25 years, was married and had seven minor children living at home. Tyree registered for work with the Conners- ville office of the Indiana Employment Security Division and renewed his registration weekly for about 20 weeks . In addition he registered at the Muncie office of the Employment Security Division and also applied for work at numerous private em- ployers. There can be no serious question as to his diligence in seeking interim work and, in fact, he secured substantial offsetting earnings early in his backpay period. Reconstruction of Tyree's backpay is as follows: Corrected Year & Quarter Corrected Hours Net Backpay 1963 (I) 49.5* $ 0.00* (II) 537.5 302.37 (III) through 1965 (III) 0.00 1965 (IV) 567.8 519.93 1966 (I) through (III) 0.00 1966 (IV) 560.2 397.34 1967 (I) 496.2 288.54 (II) 409.4* 195.98 Total Corrected Net Backpay $1,704.16 QQ. Delbert Vickers Vickers' backpay period extends from March 25, 1963, to April 28, 1967. During this period Vickers, who had lived in the Cambridge City area since 1962, was married and had three minor chil- dren living at home. There is no indication that Vickers ever registered for employment with any State Employment Security Division office in the labor market area until early 1966 when he re- gistered at Connersville and Richmond ; he also re- gistered at the Greenville, Ohio State employment agency sometime in 1966 . The record does clearly establish that he applied to numerous private em- ployers and I find that he exercised due diligence in seeking interim employment . I also find that his ex- penses are properly calculated and are allowable. Reconstruction of Vickers' backpay is as follows: Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 49.5* $ 79.20* (II) 537.5 677.50 (III) 517. 5 828.00 (IV) 517 .8 828.48 14 1 do not, however, see any basis in the evidence for the Company's contention that the specification includes meal costs as interim expenses Nor do I see any basis for the Company 's contention that allowance should be made for excessive absenteeism since the only extended absence ap- pears to have been due to National Guard duty of which the Company was notified. 292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Year & Q uarter Corrected Corrected Net Hours Backpay Year & Q uarter Corrected Hours Corrected Net Backpay 1964 (I) 507.7 812.32 1964 (I) 507.7 0.00 (II) 525.6 483.76 (II) 525.6 0.00 (III) (III) 403.9 383.80 through 1967 (IV) 448.9 427.01 (I) 0.00* 1965 ( I) 486 . 7 326.06 1967 (II) 196.5* 0.00 (II) 510.7 61.26 (III) 531.6 178.88 Total Corrected (IV) 506 ,7* 431.75 Net Backpay $ 3,709.26 1966 (I and II) 0 00* . (III) 578.5 321.66 (IV) 560.2 535.60 RR. James R. Winchester 1967 ( I) 182.0 231.03 Winchester's backpay period extends from March 25, 1963, to January 26, 1967. During this period Winchester, who had lived in the Cambridge City area since about 1951, was married and had 10 children living at home . He registered for work with the New Castle office of the Indiana Employ- ment Security Division and renewed his registration weekly for 4 to 6 weeks . In addition he applied directly for work at a substantial number of private employers and I find that he exercised due diligence in seeking interim employment. The specification was amended by the General Counsel at the hearing so as to eliminate backpay for 1964( 1) and (II). The Company's brief points out the need for reconstruction of the backpay claim in several respects as follows: ( 1) the gross backpay for 1964( 111) should be adjusted by deducting 120 hours lost due to sickness; (2) the gross backpay for 1964(IV) should be adjusted by deducting 80 hours lost due to a voluntary quit of his employ- ment; (3) interim earnings from Lindley Mitchell should be adjusted by adding the value of furnished housing at $180 per quarter and a similar adjust- ment should be made in the amount of $150 per quarter for housing furnished by Clark & Clark; and (4 ) moving expenses in 1965(IV) should be reduced from $50 to $15. Reconstruction of Winchester's backpay is as fol- lows: Corrected Year & Corrected Net Q uarte Hours Backpay Total Corrected Net Backpay $3,957.19 SS. Carl G. Wyramon There is a dispute as to the beginning date of Wyramon's backpay peirod. The evidence is clear that he made an unconditional request to return in December 1962 and that it was made not too long before Christmas. I conclude that the date of December 10, 1962, is a reasonable interpretation of the available evidence and that it should be re- garded as the beginning date of Wyramon's backpay period which , as is stipulated , ended April 28, 1967. During the backpay period Wyramon was married , lived with his wife until 1956, and had lived in the labor market area his entire life. Wyramon registered for employment with the Richmond office of the Indiana State Employment Security Division and renewed his registration weekly until he secured employment in the fourth quarter of 1963 . In addition he sought work regu- larly at several of the larger employers in the area and secured substantially offsetting earnings in 1963(IV). I find that he exercised due diligence in seeking interim employment . The Company con- tends that credit should be entered against backpay for certain rental allowances enjoyed by Wyramon but the evidence , considerably hazy, seems to in- dicate that these allowances were gratuities rather than compensation for services. The specification was amended to delete union dues expenses prior to 1966. Reconstruction of Wyramon's backpay is as fol-' lows: 1963 (I) 49.5* $ 89.10* Year & Corrected Corrected Net (II) 537.5 831.57 Quarter Hours Backpay (III) 517.5 99.05* (IV) 517.8 40.42 1962 (IV) 140,8* $ 239.36 LEE CYLINDER DIV. OF GOLAY 293 Year & Quarter Corrected Hours Corrected Net Backpay 1963 (I) 622.3 1,057.91 (II) 537.5 913.75 (III) 517.5 879.75 (IV) 517.8 159.19 1964 (I) 507.7 0.00 (II) 525.6 6.49 (III) 523.9 0.00 (IV) 528.9 0.00 1965 (I and II) 0.00* (III) 531.6 41.12 (IV) through 1966 (II) 0.00* 1966 (III) 578.5 0.00 (IV) through 1967 I) ( 0.00 1967 (II) 196.5* 0.00 Total Corrected Net Backpay $3,297.57 Conclusions and Recommendations On the basis of the foregoing findings I conclude that the claimants listed below are entitled to pay- ment by the Company of the amounts set opposite their names, with interest thereon at the rate of 6 percent per annum on each of the quarterly sums set forth in the specifications , as herein modified, less lawfully required tax withholdings: Walter R. Heaston $522.56 Melvin Moistner 44.10 Marion K. Baker 3,240.60 Earl R. Blair 12,433.31 James E. Caudill 1,842.99 Henry Cecil, Jr. 2,913.10 Walter W. Chaney 2,466.33 William O. Clemens 3,489.05 Harold E. Cornett 1,249.18 George W. Dillman 3,402.66 Howard Durham 2,602.71 George Eldridge 1,807.00 Earl Ford 781.99 Bivon Fowler 442.34 Kenneth W. Fowler 1,498.52 John H. Fox (Next of kin) 2,042.53 Marvin Frady 1,862.93 Gerald D. Goble 981.41 Bennie J. Hall 4,715.46 Thomas J. Harrison 2,778.85 Robert Isaacs 3,527.59 Jesse James 7,758.58 John F. Jamison 2,243.25 Walter L. Jones 824.74 Ronald Keal 2,335.65 Robert G. Lawrence 3,116.46 Robert V. Meyer 908.42 Willie Joe Mills 2,431.33 Charles E. Nash 1,977.18 Robert Lee Nick 141.02 Billie E. O'Dear 2,502.00 Paul E. Paris 4,826.61 Lester A. Pebworth 2,402.67 James H. Powell 3,601.42 Donnie Ray Purvis 2,476.81 James F. Raby 1,811.58 John A. Raby 3,646.53 Paul E. Sams 98.78 James A. Steele 6,374.67 Richard A. Toney 618.54 Andrew J. Transier 3,998.24 Billy R. Tyree 1,704.16 Delbert Vickers 3,709.26 James R. Winchester 3,957.19 Carl G. Wyramon 3,297.57 It is recommended that unless, within 20 days from receipt of this Supplemental Decision, the Company has made payments in accordance with this Supplemental Decision the Board issue an Order requiring the Company to take such action. 427-835 0 - 74 - 20