Laborers Local 135 (Bechtel Power Corp.)

260 313 NLRB No. 35 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1 311 NLRB 617. 2 The claims for an eighth discriminatee, Rita McMillan, had been finally computed in an earlier decision. 301 NLRB 1066 (1991). 3 The Board noted that the General Counsel had inadvertently stat- ed the amounts waived for Poorman for the wrong quarter. The Board identified the correct amounts waived for Poorman and the total claims consequently made on his behalf. 4 311 NLRB at 617. The General Counsel has moved that the at- tachment be stricken from the Respondent’s response. For reasons too plain to require explanation, we shall grant the motion. 5 Interest is to be computed in the manner prescribed in New Hori- zons for the Retarded, 283 NLRB 1173 (1987). Laborers Local No. 135 (Bechtel Power Corpora- tion and General Building Contractors Associa- tion) and Andrew Huggins and Judith B. Chomsky. Cases 4–CB–4204 and 4–CB–4256 November 23, 1993 THIRD SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH On May 28, 1993, the National Labor Relations Board issued a Second Supplemental Decision and Order in this proceeding.1 In that decision, the Board granted in its entirety the General Counsel’s Motion for Summary Judgment regarding the backpay claims on behalf of Wilson Bradley and Randy Huggins. The Board also granted summary judgment regarding the claims on behalf of Harold Coates, Fred Gray, Andrew Huggins, Roy Poorman, and George Scott except con- cerning the issue of their interim earnings for certain specified quarters. The Board remanded the proceeding to the Regional Director for the purpose of arranging for a hearing on the issue of interim earnings for those claimants for the specified time periods, and for the final computation of make-whole relief for each of the seven discriminatees.2 On August 9, 1993, the General Counsel filed a mo- tion for issuance of final order with the Board, with attachments. The General Counsel advised the Board that the Charging Parties and Coates, Gray, A. Hug- gins, Poorman, and Scott, through their attorney, had waived any claims for backpay for the time periods specified in the Board’s Second Supplemental Decision and Order. Because the only issues to be decided on remand were the amounts of interim earnings for those discriminatees for the specified quarters, and their net backpay, if any, for those time periods, the General Counsel argued that there was no further need for a hearing on remand. Accordingly, the General Counsel moved that the Board issue a final Order reflecting the make-whole relief owed to all of the discriminatees, as computed in the motion. On September 20, 1993, the Board issued a Notice to Show Cause why the Board should not grant the General Counsel’s motion and issue a final order con- taining the amounts owed to each discriminatee, as claimed by the General Counsel.3 The Respondent filed a response, and the General Counsel and the Charging Parties filed replies. We agree with the General Counsel and the Charg- ing Parties that the Respondent’s response does not ad- dress the subject of the Notice to Show Cause, i.e., whether the Board should issue a final order awarding the amounts of make-whole relief claimed in the Gen- eral Counsel’s corrected motion. Instead, the Respond- ent reiterates many of the same arguments the Board has rejected as either lacking in merit or as not having been raised in a timely fashion. Indeed, the Respond- ent has attached to its response a copy of its answer to an earlier Motion for Summary Judgment, even though the Board previously rejected that answer as untimely filed.4 Accordingly, the Respondent has not shown good cause why the Board should not grant the General Counsel’s motion. Therefore, we shall issue the order as requested. ORDER The National Labor Relations Board orders that the Respondent, Laborers Local No. 135, its officers, agents, and representatives, shall pay the following amounts, plus interest,5 to the following discriminatees (or, in the cases of Wilson Bradley and Roy Poorman, who are deceased, to their representatives): Wilson Bradley Backpay $3,599.40 Pension Credits 584.78 Harold Coates Backpay $17,063.54 Pension Credits 3,282.62 Vacation Pay 133.57 Fred Gray Backpay $18,438.64 Pension Credits 7,909.23 Vacation Pay 404.75 Andrew Huggins Backpay $42,241.55 Pension Credits 4,927.31 Vacation Pay 154.32 Randy Huggins Backpay $1,435.21 Pension Credits 116.14 Rita McMillan Backpay $27,161.73 Pension Credits 2,262.65 Roy Poorman Backpay $37,244.96 Pension Credits 4,708.74 Vacation Pay 280.42 George Scott Backpay $32,068.10 Pension Credits 4,431.30 Vacation Pay 272.21 Medical Expenses 2,215.25 IT IS FURTHER ORDERED that the attachment to the Respondent’s response to the Notice to Show Cause is stricken from the response. 261 LABORERS LOCAL NO. 135 (BECHTEL POWER CORP.) MEMBER DEVANEY, dissenting. I dissented from the Board’s granting partial sum- mary judgment and remanding this proceeding in the Second Supplemental Decision and Order and in its issuance of the Notice to Show Cause. I, therefore, do not join my colleagues in this Third Supplemental De- cision and Order.