Davis Coal Co., Debtor-In-Possession

722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Davis Coal Company, Debtor-in-Possession and Jesse Muncy and Bill Hall and James F. Mollet. Cases 9-CA-16228, 9-CA-16301, and 9-CA-16375 - 18 June 1985 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS HUNTER AND DENNIS On 12 December 1984, Administrative Law Judge James L. Rose issued the attached supple- mental decision. The Respondent filed exceptions and a supporting brief. The Board has considered the supplemental. deci- sion and the record in light of the exceptions and brief- and_ has decided =to affirm the judge's rulings, findings, and conclusions and to adopt the recom- mended Order as modified. This- is a'backpay proceeding to determine the amounts of-backpay,owing to numerous Respondent excepts to the judge's find- ing that certain ibonuses are properly includable in the computation - of gross backpay and- to the judge's finding that the backpay specification prop- •erly-'calculates- the average weekly interim' earnings of ; two claimants. - We find merit" iri the Respond- 'ent's-`exceptions: 1. he judge:, found that grossbackpayfor 1981 2' J appropriately included attendance. bonuses,' coal, bo- nuses, : vacation bonuses, and 'Christmas- bonuses. We- disagree.-It is. undisputed that the -Respondent paid no•.bonuses,• whatsoever, to employees in 1981. This includes all* nondiscriminatees -and all discri- minatees reinstated _'in 198 1% ' Further, no evidence was ' presented to- refute the ' Respondents conten- tion,that'the nonpayment of all bonuses'to..all em-- ploye'es in' 196 was attributable -to, its. poor finan- cial condition that eventually resulted in,the• cessa- •tionof business and the filing of-aibankruptcy peti- tion.2 In these circumstances, the inclusion-of 1981 bonuses-.in calculating-the claimants' gross •backpay effectively- places V the i `claimants 'in' a- better' positiori `thian3`'they`woul'd have occupied had the'^unfair labor practices ` never ` occurred. ` Such' 'a '-'result" ex- ceeds' the ^ `Board's remedial _,authority. We , shall therefore modify the gross backpay"calculations for each ca1en.dar,.quarter; of,1981 .by-omitting attend- ance,. bonuses,, coal, bonuses; vacation bonuses, and Christmas: bonuses..'r, The Board's original decision is reported at 266 NLRB 1072 (1983) 2 Accordingly, we reject the judge's finding that the nonpayment of bonuses an 1981 was, a' mere continuation of the Respondent 's !previous unfair labor, practices • - 2. The judge found that the backpay specifica- tion properly calculated interim earnings for Charles Conley and Charles Fillinger. We disagree. It appears that in formulating the backpay specifi- cation the Regional Director was' unable to deter- mine Conley's and Fillinger's actual weekly interim earnings for each calendar quarter. The Regional Director therefore found it necessary to calculate a weekly average for these interim earnings . The Re- gional Director calculated the weekly average by dividing the total amount 'of interim earnings by the total number of weeks employed with the inter- im employer. This calculation included each and every week from the first week of interim employ- ment through the last week of interim employment. During the period of interim employment, howev- er, neither Conley nor Fillinger worked for several weeks during the period of a national coal strike. In calculating their average weekly interim earn- ings, the backpay specification included as weeks worked the period of the national coal strike. As a result, the specification's calculation of average weekly earnings erroneously includes more weeks than either Conley or Fillinger actually worked. To illustrate, Fillinger was employed by M & D Mining Company for a 52-week period from 1 Jan- uary to 31 December 1981. From 17 March to 7 June 1981, a period of 12.2 weeks, Fillinger did not work because, of the national coal strike. It is evi- dent, therefore, that in 1981 Fillinger actually worked and received interim earnings not over 52 weeks but over 39.8 weeks. The specification, how- ever, is calculated on a 52-week basis rather than a 39.8-week basis. Under a 52-week computation, Fil- linger's average ' weekly earnings were $406.49. Under' 'a 39.8-week. computation, his average weekly earnings are $531.09. Inasmuch' as Fil- linger's , total. interim earnings at M & D Mining Company were in actuality earned' over a 39.8- week period, we find that in calculating a- weekly average it is appropriate to divide his total earnings by 39.8 weeks, and not by 52 weeks. We find this manner of calculation is appropriate for Conley as well. Although the judge appropriately applied- the quarterly method of calculation set- forth iri F. 'W. Woolworth Co., 90 NLRB 289.(1950),. the judge erred in adopting the specification's calculation of average weekly earnings. V Accordingly, we shall :modify the judge's back- Ray: order in accordance with our findings herein.3 ;2 We disavow the judge's reliance on Big Three Industrial Gas, 263 NLRB 1189 (1982), overruled in American Navigation Co, 268 NLRB 426 (1983) No exceptions were taken to the judge's findings that claimants Jackie Spaulding, Raymond Fillinger, Kessler Marcum, Jesse Muncy, Ernest Sturgill; and Bobby Marcum made adequate searches for work during the backpay period 275 NLRB No. 102 DAVIS COAL CO. , 723 ORDER The National Labor Relations Board adopts the recommended Order of. the administrative law judge as modified below and orders that the Re- spondent, Davis Coal Company, Debtor-in- Posses- sion, Kermit, West Virginia, its officers, agents, successors, and assigns, shall pay to each individual listed below the amount set opposite his respective name, as calculated in the. appendix to the supple- mental decision and order, less appropriate- withh- holdings required by Federal and state law. This sum includes interest from the end of the particular quarter for which backpay was calculated until 2 June 1982, the date the Respondent filed its bank- ruptcy petition. Fred Fitchpatrick $11,790.90 Jackie Spaulding 26,127.79 Charles Conley 6,261.53 Charles Fillinger 4,503.05 Raymond Fillinger 14,130.55 Cecil Marcum 25,675.41 Kessler Marcum 22,213.02 James Mollett 13,069.51 Bill Muncy 22,526.62 Jesse Muncy 24,215.89 Ernest Sturgill _ 12,953.59 Roger Williams 12,953.57 Bobby Lee Marcum 12,897.75 Bill Hall 849.10 SUPPLEMENTAL DECISION STATEMENT OF THE CASE ,JAMES L. ROSE, Administrative Law Judge. This is a backpay proceeding occasioned by the Respondent's, un- lawful discharge (among other things) of 13 individuals on various dates in November and December 1980; The Board ordered they be reinstated with backpay. Davis Coal Co., 266 NLRB 1072 (1983). A heanng on the issues presented by the General Counsel's amended backpay specification and the Re- spondent's answer thereto was held before me on Sep- tember 11, 1984, at Williamson, West Virginia. Subse- quently, the Respondent submitted a brief, the General Counsel and the Charging Party having waived .'their right to do so. • Present and available for interrogation by the Re- spondent were the 13 dischargees whose entitlement is covered by the backpay specification. They were called by the Respondent and testified. The backpay specification also includes an allegation of the amount owed to Bill Hall resulting from the Re- spondent's unlawful withholding the 1980 Christmas bonus and other moneys. There were no mitigation .issues with regard to Hall. On the record as a whole, including my observation of the witnesses, arguments of counsel, and the Respond- ent's brief, I hereby make the following FINDINGS OF FACTS AND CONCLUSIONS OF LAW 1. THE BACKPAY SPECIFICATION In selecting a particular method for calculating gross backpay, the object is to determine how much the 'em- ployee might reasonably have expected to earn but for the employer's unfair labor practices. In divising proce- dures and formulas to resolve such backpay issues, the Board has wide discretion limited only by the caveat that its method not be arbitrary or unreasonable . See NLRB v. Brown & Root, 311 F.2d 447 (8th Cir. 1963); NLRB v. Rice Lake Creamery Co., 365 F.2d 88 (D.C. Cir. 1966), where the court noted the "impossibility of exactitude" in arriving at backpay amounts. Further, it is noted that if there is any ambiguity with regard to entitlement for an employee who has been discriminated against or some reasonable question as to whether an amount should or should not be included in the employee's backpay,' such must be resolved in favor of the employee and against the employer whose unfair labor practices caused the loss of earnings: [T]he backpay claimant should receive the benefit of any doubt rather than the Respondent: the wrongdoer responsible for the existence of any un- certainty and against whom any uncertainty must be resolved. [Southern Household Products Co., 203 NLRB 881 (1973).] Here the General Counsel used a projection formula in which it was assumed the employee would have earned during the backpay period those amounts that he in fact earned during the base period. Such is a method long ac- cepted by the Board as reasonable. E.g., Am-Del-Co., Inc., 234 NLRB 1040 (1978). The base period used was January '1, 1980 (or the date of employment if later), through October 1980=the last full pay period prior to the strike of employees-giving rise to the unfair labor practices in this matter. Charles Brooks, the Board's, compliance officer who made the backpay calculations, testified that 1980 records of the Respondent were on a computerized printout, whereas the payroll entries in 1981 were handwritten and it was difficult 'to tell precisely what had happened. Given the undenied state of the Respondent's records and the oth- erwise reasonableness of using this period , I conclude that the formula adopted is appropriate. Where, as here,•the General ' Counsel has established a reasonable formula .for determining the amount each-dis- criminated against employee would have earned but for the employer's unfair labor practices. and, where, as here, the Geiieral Counsel has 'made a reasonable attempt. to subtract` therefrom 'employees'- interim earnings,: the burden shifts to the 'respondent to prove its defenses that the backpay period' is incorrect, 'that 'no'•work "woiild have existed , for :the. discriminatees -notwithstanding the employer's unfair labor practices, that one or more of the discriminatees suffered a willful loss of earnings during the backpay period, and so forth. The backpay period for each employee begins on the date of=his particular discharge in 1980 and ends on De- cember 28, 1981, when the Respondent shut down oper- 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ations (or the date he accepted or rejected reinstatement, if earlier). Excluded-from the backpay period is the dura- tion of the national -coal strike from March 17 through June 7, during which is assumed that notwithstanding the Respondent's unfair labor practices, employees would not have worked. 'Interim earnings, less any provable costs -associated with -attempting to seek - employment in each quarter, were- substracted- from gross backpay. The Respondent objects to the quarter method of deducting interim earn- ings on grounds that such has the effect of increasing the backpay amount. For the reasons set forth in F. W. Woolworth Co., 90 NLRB 289 (1950), the method of crediting interim earnings, is appropriate, notwithstanding such might result in employees receiving more in' back- pay-then if had another formula been used. Nelson Metal Fabricating, 259 NLRB 1023 (1982). - Having concluded that the backpay formula used by the General Counsel in this matter conforms to the Board's accepted standard reasonableness, and 'noting that the Respondent does not really contest the basis of the formula nor the arithmetic in arriving at the specific backpay amounts, I shall consider the Respondent's vari- ous other contentions, seriatim, as set forth in its brief. H. THE RESPONDENT'S CONTENTIONS A. The Bankruptcy Proceeding The Respondent contends that it is a debtor-in-posses- sion in a • bankruptcy, matter in the United States Bank- ruptcy Court for the - Southern District ' of West Virginia and accordingly all proceedings before the Board should be stayed. ^• Suffice it that the bankruptcy code does not, provide for the, stay of a backpay proceeding before the- Board and' I therefore find this defense unmeritorious. E.g., Master' Transmission Rebuilders, 269 NLRB 93 (1983)_ B.`Bonuses - '` In the specification, the backpay for each, in diyidual includes . amounts. it is assumed would have, been paid for attendance, bonuses, monthly coal bonuses, vacation bo- nuses, and Christmas bonuses. The Respondent contends that, inasmuch as none of its actual employees received such income during 1981, and since the Respondent had the lawful nght to reduce benefits to its employees during 1981, such items should not have been included in the gross backpay. - - Although testimony that actual employees' were not paid bonuses 'in 1981 is relevant, it is not, as argued by the Respondent: dispositive. The issue is • not what the Respondent did 'after it committed the unfair. labor -prac- tices, but wliit it would have done had it-not committed them. ,.The Respondent argues ;that, it ,was suffering from dire economic consequences' of- an.- undetermined,, - nature which resulted in its not paying bonuses and; 'finally; in its, closure: While there is generalised testimony' in this regard, the Respondent brought forth no evidence to support- its implied contention that its economic situation was dramatically different in 1981 than it was in 1980 when, for instance, bonuses were paid. Absent such evi- dence, the Respondent's self-serving assertion is just simply not sufficiently credible to support a decision On the other hand, the dispute here involved massive unfair labor practices engaged in by the Respondent, in- cluding the denial of coal and Christmas bonuses in 1980. Discriminating against employees by denying them bo- nuses is an unfair labor practice which would presum- ably continue until remedied. There is no indication that the Respondent has made any effort to remedy its denial of the coal and Christmas bonuses. The attendance bonus and vacation bonus are similar inducements to employees to work steadily for the Respondent. Given the absence of any credible evidence that the Respondent's economic situation was such that bonuses would have been denied to all employees in 1981 absent its unfair labor practices, and noting that one of the Re- spondent's unfair labor practices was to deny these dis- criminatees coal and Christmas bonuses in 1980, I con- clude that the Respondent has not met its burden of proving that inclusion of bonuses in the gross backpay of these individuals was unreasonable. Also in,its "second defense" the Respondent argues that there was a reduction in force in September 1981 and, accordingly, the backpay period for the discrimina- tees should exclude 3 weeks in September 1981. This is based on the testimony of Owner Winford Davis that the mine -was shut down and the operation, moved during this period. However, the undenied testimony of the 'General Counsel's compliance officer was that through- out the entire backpay period, exclusive 'of the national strike, there were more employees on 'the payroll than the number of discriminatees. Accordingly, ' he assumed that there was work available for each discriminatee during the entire period, including the 3 weeks in Sep- tember 1981. Although the Respondent did offer some testimony that the mine was not in operation, the general conclusion testified to by the compliance officer was not rebutted. There is no credible evidence that there was not sufficient work for all the discriminatees: Indeed, Davis testified that he might even have hired new em- ployees-during the' move: "It's possible I could" have, I don't know." In any event, there was work for each of the -discriminatees, albeit moving rather than mining. There is no substantial evidence to support the Respond- ent's' contention that the 3-week period in September should be excluded from the backpay period. Similarly, the Respondent maintains that the period ex- cluded from the backpay'period during the national coal strike should be extended by 2 weeks on grounds that some o'r"all".of the discriminatees would not have been called for work at the conclusion of the strike. There is siiriply.insufficient evidence to establish which, if any, of the discriminatees would have been recalled immediately and which would have been recalled later absent the Re- spondent's unfair labor practices. In view of this, I, must resolve the ambiguity in favor of the claimants against the Respondent and conclude that the excluded period should be only the duration of the national coal strike and not extended for some arbitrary period. - DAVIS COAL CO 725 C. Charles Fillinger Charles Fillinger testified that, shortly after his dis- charge, he obtained employment and earned in the month of December 1980 $2108.64. Interim earnings credited against his gross backpay for the fourth quarter 1980 was $315 89. The Respondent contends that it should be given credit for the full sum of $2108.64 based on Fillinger's testimony The record in this regard is somewhat ambiguous; however, it does appear that the earnings to which Fil- linger testified were not entirely paid in December, inas- much'as his employer paid every 2 weeks with a 1- or 2- week holdback The $315.89 amount was derived from social security records which I find accurately reflect the amount that Fillinger was actually paid in December 1980. The remainder was paid in January 1981 and is in- cluded in-interim earnings in the first quarter of 1981. I conclude, based on the record before me, that in fact the Respondent has been given the full credit for Fillinger's interim earnings in December 1980 and that it is appro- priate to subtract interim earnings based on the quarter in which they are paid rather than the quarter in which they are earned. D. Unemployment Compensation The Respondent contends that any • unemployment compensation received by the discrimmatees should be set off against its backpay liability. It is accepted Board policy that unemployment compensation is not a setoff and therefore at the hearing the Respondent was fore- closed from interrogating the employees concerning this matter. See Cal-Pacific Furniture Mfg. Co., 221 NLRB 1244 (1975). E. Willful Loss of Earnings - The Respondent argues that Jackie Spaulding, Ray- mond Fillinger, Kessler Marcum, Jesse Muncy, Ernest Sturgill, and Bobby Marcum suffered a willful loss of in- terim earnings in that they did not make any"significant effort to seek employment during the backpay period". and therefore no backpay should be awarded to them. Each was interrogated by counsel for the Respondent on this issue. Though the testimony was, at best, summa- ry, each testified that he had in fact filed applications for employment with several employers (and not exclusively, mines) in the general area of his residence and in some cases beyond Although none was able to state with specificity which employer he contacted on any particu- lar day during the entire period of the backpay, I,am sat- isfied, based-on my observation of their demeanor, that these individuals in fact made serious efforts to obtain employment throughout the backpay period. I conclude' that none in fact suffered any willful loss of earnings. Other than through the testimony of these individuals; the Respondent brought forth -no evidence that any of the discriminatees in fact- did 'not make- a-. reasonable effort to seek interim employment The burden is'on the employer to prove the willful loss or failure to take de- sirable new employment Southern 'Household Products Co., supra. The Board holds that this burden is not met by merely showing a lack of success in obtaining an in- terim job or low earnings from those jobs that were ob- tained. See Clear Pine Mouldings, 268 NLRB 1044 (4983). Again it must be kept in mind that the 13 individuals named in the backpay specification lost their jobs be- cause the Respondent violated Federal labor laws. It is the ' Respondent's wrongdoing that is' the core of- this matter and it is'that wrongdoing which is sought to 'be" remedied by the backpay specification. Thus; reasonable -.presumptions must be found in favor of the discrimina- tees, recognizing that total accuracy is rarely possible. Further, absent fraud or deceit, of which there is no evi- dence here, backpay will not be denied even where there may be some question conerning interim earnings. Big Three Industrial Gas Co., 263 NLRB 1189 (1982). Given these standards and the lack of credible evidence that the named discriminatees, or any of the others, failed to look for work, I conclude this defense is unmeritorious. I conclude that the backpay specification is based on a reasonable and 'accepted formula, that the calculations therein are correct,' and that each claimant's entitlement to backpay should not be reduced based on the Respond- ent's several assertions concerning lack of work, that it -would not have paid bonuses in any event, or that these individuals willfully refused or failed to seek interim 'em-. ployment.2 ORDER . On the foregoing findings of fact, and conclusions of law, and the entire record in this matter, it is ordered that the Respondent, Davis- Coal Company, its officers, agents, successors, and assigns, shall pay to each individ- ual listed below the amounts" set opposite his 'respective name, less appropriate withholding required by: Federal and state law. This sum includes interest from the end of the particular quarter for which backpay was calculated until June 2, 1982, the date the Respondent filed its bank- ruptcy petition. The Respondent made no contention concerning interest. Therefore, the rate, the calculations, and 'the ending date are assumed to be accurate under current Board policy: .Fred Fitchpatrick $13,167.17 Jackie Spaulding 23,546 94 Charles Conley 13,485 23 Charles,Fillinger 11,585.18 Raymond Fillinger _ 17,61994- Cecil Marcum-, - , , 28,487.80 . +, Kessler Marcum 25,461.13 - - James Moliett 14,474.02 Bill Muncy, • , 25,986.51 Jesse Muncy . , 27,417.34 ' The Respondent did not object to the mathematical "computations set forth on the backpay specification and therefore no, independent 7 analysis of these has been.made 2 If'no exceptions are filed as provided by .Sec .102 46 of the Board's Rules and Regulations, the ftndings,conclusions, 'and recommended Order shall, as provided in Sec 102 48 of the Rules, be adopted by the Board and all objections to them shall be deemed waived for all pur- poses 726 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD Ernest Sturgill 14,374.07 APPENDIX Roger Williams 13,975.80 Bobby Lee Marcum 14,208.06 Bill Hall 849.10 FRED FITCHPATRICK Calendar Weekly Earni Quarter Number of We ngs - Coal Bonus eks (1980) Gross Backpay Interim Earnings Net Backpay Interest _ Total 1980-4- ($457.28 x 4 6) $207 01 `$2310.50 0 . $2310.50. $ 472.27 $ 2782.77 1981-1 ( 434.84 x 10.6) - 4609.30 0 4609.30 805.24 ' 5414.54 1981-2 ( 434.84 x 4 2) - 1826 33 0 1826.33 264.45 2090.78 Total - 0 $8746.13 $154196 $10,288.09 Subtotal - + Other 1980 Bonuses + Interest Total Backpay Due Fitchpatnck $10 288 09 $1247 77 $255 04 , . . . JACKIE SPAULDING $11,790 90 Calendar Quarter Weekly Earnings Number of Week's - Coal Bonus (1980) Gross . Interim Backpay Earnings Net Backpay • Interest - Total 1980-4 ($496.89 x 4.6) $192.91 $2478 60 0 $ 2478.60 $ 506 63 $ 2985.23 1981-1 ( 486.36 x 10.6) 0, 5155.42 •0 5155.42 90065 6056 07 1981-2 ( 486.36 x 3.2) - 0 1556.35 -0 1556.35 225.36 '1781171 1981-3 ( 486.36 x 13.2) 0 6419.95 0 6419.95 '735 73 7255 68 1981-4 ( 486 36 x 12.6) 0 6128 14 ' 0 6128.14 517.22 ' 6645 -36 Total $21,738.46 0 $21,738.46 $2885 59 $24,724 05' Subtotal - -} . Other 1980 Bonuses $24,724.05 $1165 51- Interest • Total-Backpay Due Spaulding $238.23 $26,127.79 CHARLESCONLEY Calendar Quarter Weekly Earnings Coal Bonus Number of Weeks (1980) Gross Backpay Interim Earnings Net Backpay Interest Total 1980-4 ($471 80 x 6.6) $254.40 53368.28 $ 315.89 $ 3052.39 $623.91 $ 3676.30 1981-1 (455.39 x-10.6) 0 4827.13 5448.72' 0 .0 `0 1981-2 ., . ( 455.39 x 3.2) 0 ' ' 1457.25 1644.90' • 0 0 0 1981-3 (455 .38 x 13 2) 0 6011.15 5076.081 935.07 107 16 1042 23 1981-4 (455 39 x 12 6) 0 5737 91 5573 86 164.05 13.85 177.90 Total $21,401.72 $18,059.45 •- ` $4151.51 -$74492 $4996 43 Subtotal + Other 1980 Bonuses + • Interest $4896;43 $1133.43, $231.67 $6261.53 1 Conley was, employed by Horizon Mmntng Company, 1517 Reisterstown Road, Baltimore, Maryland;from 1 January 1981 to 8 August 1981 where he received gross earnings totaling $9869.37. During that period Conley actually worked 19.2 weeks for average weekly earnings of $514.03. CHARLES FILLINGER Calendar Quarter Weekly Earnings - Coal Bonus Number of Weeks (1980) Gross Backpay . Interim Earnings Net Backpay- `;'Interest Tot'al' 1980-4 - , ` ($514 48 x •6.6) $223.52 " . $3619.09 $331.78 $3287.31 • $671.93 '$3959.24 1981-1 , ^( 497 82 x 10.6) 0 , 5276 89 5629 552 0 - -„ ''0 0 1981-2 ( '497.82 x 3.2)' . 0' 1593.02 ; 1699 492, 0 . 0 0 1981-3 (497.82 x 13.2) , 0 , . 6571.22 j• 7010392 0 `0 ' 0 1981-4 -;(497.82 x 12.6) 0 6272 53 6691.752 0 '0 0 Total $23;332.75 $21,362.94 $3287.31 $671.93 $395924 Total Backpay Due Conley DAVIS COAL CO. 727 Subtotal + Other 1980 Bonuses + Interest Total Backpay Due C. Fillinger $3959.24 $456.50 $93.31 $4509.05 2 Fillinger was employed by M & D Mining Co., Inc., P. 0. Box 22528, Louisville, Kentucky, from 1 January 1981 to 31 December 1981 where he received gross earnings totaling $21,137.53. During that period Fillinger actually worked 39.8 weeks for average weekly earnings of $531.09. RAYMOND FILLINGER Calendar Quarter Weekly Earnings Number of Weeks Coal Bonus (1980) Gross Backpay Interim Earnings Net Backpay Interest Total 1980-4 ($519.84 x 6.6) $253.86 $3684.80 $ 0 $ 3684.80 $ 753.17 $ 4437.97 1981-1 ( 504.84 x 10.6) 0 5351.30 0 5351.30 935.41 6286.71 - 1981-2 ( 504.84 x 3.2) 0 1615.49 546.47 1069.02 154.79 1223.81 1981-3 ( 504.84 x 13.2) 0 6663.88 6011.15 651.85 74.70 726.55 1981-4 ( 504.84 x 12.6) 0 6360.98 5737.91 623.07 52.59 675.66 Total $23,676.45 $12,295.53 $11,380.04 $1970.66 $13,350.70 Subtotal + Other 1980 Bonuses + Interest Total Backpay Due R. Fillinger $13,350.70 $647.50 $132.35 $14,130.55 CECIL MARCUM Calendar Quarter Weekly Earnings Number of Weeks Coal Bonus (1980) Gross Backpay Interim Earnings Net Backpay Interest Total 1980-4 ($532.53 x 8.4) $254.70 $4727.00 $0 $ 4727.95 $ 966.39 $ 5694.00 1981-1 ( 516.90 x 10.6) 0 5479.00 0 5479.14 957.75 6436.00 1981-2 ( 516.90 x 3.2) 0 1654.00 36.57 1617.51 234.22 1851.00 1981-3 ( 516.90 x 13.2) 0 6823.00 1718.64 5104.44 584.97 5689.00 1981-4 ( 516.90 x 12.6) 0 6512.00 1640.52 4872.42 411.23 5 283.00 Total $25,197.19 $3395.73 $21,801.46 $3154.56 $24,956.00 Subtotal + Other 1980 Bonuses $24,956.02 $597.30 JAMES MOLL•ETT Interest Total Backpay Due Marcum $122.09 $25,675.41 Calendar Weekly Earnings Coal Bonus Gross Interim Quarter Number of Weeks (1980) Backpay • Earnings Net Backpay Interest Total 1980-4 1981-1 1981-2 1981-3 ($525.48 x 4.6) ( 504. 14 x 10.6) ( 504.14 x 3.2) ( 504.14 x .6) Total $226.03 0 0 0 $2643.24 5343.88 1613.25' 302.48 $9902.85 0 0 0 0 0 $2643.24 5343.88 1613.25 302.48 $9902.85 $ 540.28 $ 3183.52 934.11 ' 6277.99 233.60 1846.85 34.66 337.14 $1742.65 $11,645.50 Subtotal + Other 1980 Bonuses + Interest Total Backpay Due Mollett $11,645.50 $1182.34 $241.67• $ 13 069 51 BILL MUNCY , . , Calendar Quarter Weekly Earnings Number of Weeks Coal Bonus (1980) Gross Backpay Interim Earnings Net Backpay Interest Total, 1980-4 ($473.05 x 6.6) $274.86 $3396.99 $ 0 $ 3396.99 , $ 694.34 $ 4091.33 1981-1 ( 461 .94 x 10.6)• 0' 4896.56 0 • 4896. 5,6 , z 855.92 5752.48 1981-2 ( 461 .94 x 3.2) 0 1478.21 0 1478.21 214.04 1692.25 1981-3 ( 461 .94 x 13.2) 0 6097.61 2247.71 3849.90 441.20 , 4291.10 1981-4 ( 461 .94 x 12.6) 0 . 5820.44 792.50 5027.94 424.36 5452.30 Total $21,689.81 $3040.21 $18,649.60 $2629.86 $21,279.46 728- DECISIONS OF. NATIONAL LABOR RELATIONS BOARD Subtotal + Other 1980 Bonuses + Interest - $21,279.46 $1035.50 T - JESSE MUNCY Calendar Weekly Earnings Coal Bonus Gross Interim Quarter Number, of Weeks (1980) Backpay "Earnings 1980-4 ($481 36 x 6.6) $213.99 $3390.97 $ 0 1981-1 ( 465.88 x 10 6) 0 4938.33- 0 - 1981-2 (465.88 x 3 .2) 0 1490.82 0 1981-3 ( 465.88 x 13 .2) 0 6149.62 0 1981-4 ( 465 . 88 x 12.6) • - 0 5870.09 - 1720.00'- Total $21,839.83 $1720.00 Subtotal + Other 1980 Bonuses $22,947.05 Calendar - Weekly Earnings Coal Bonus Quarter Number of Weeks (1980) 1980-4 ($514.86 x 4.6) $20111 1981-1 ( 501 .76 x 10.6) 0 1981-2 ( 501 .76 x 3.2) 0 1981-3 ( 501 .76 x .6) 0 Total - ERNEST STURGILL $211.66 Net Backpay Interest Total t $ 3390.97 $ 693.11 $ 4084.08 4938 .33 863.22 5801.55 1490.82 ' 215.87 1706.69 6149.62 704.75 6854.37 4150.09 350.27 V 4500.36 $20,119 83 $282722 $22,947.05 Total Backpay Due B. Muncy $22,526.62• Interest Total Backpay Due J. Muncy $215.34 $24,215.89 Gross Interim Backpay Earnings $2569.47 0 5318 66 0 1605.63 0 301.06 0 $9794.82 0 Subtotal + Other 1980 Bonuses $11,516.72 $ 1193.02 • Calendar Weekly Earnings Coal Bonus Quarter, Number of Weeks (1980) 1980-4 ($518.84 x 4.6) $18499 1981-1 ( 503 84 x 10.6) 1981-2 ( 503.84 x 3.2) 1981-3 ( 503.84 x .6) Total, $105350 0 0 ROGER WILLIAMS Net Backpay Interest Total $2569 47 $ 525 .20 $ 3094.67 5318.66 .929.70 _. 6248.36 1605.63 232.50 1838.13 301.06 34.50 335 56 $9794.82 $1721.90 $11,516.72 Interest Total Backpay Due Sturgill $243 85 $12,953.59 - ' Gross Interim Backpay Earnings $2571.65 0 5340.70 0 1612 29 0 302 30 0 $9826.94 0 Subtotal + Other 1980 Bonuses $11,545.10 $1169 44 BOBBY LEE MARCUM Net Backpay Interest . Total $2571 .65 $ 525 .64 $ 3097.29 5340.70 933. 55 6274.25 1612.29 - 233.46 . 1845.75 302.30 25 . 51- 327.81 $982694 $1718. 16 - $11,545.10 Interest Total Backpay Due Williams $239.03 $12,953.57 - - Calendar Weekly Earnings Coal Bonus Gross • Interim Quarter ' -- Number of Weeks (1980) Backpay Earnings 1980-4 ($535.71 x 4 .6) $202.76 $2667.03 0 1981-1 ( 513.71 x 10.6) 0 5445.33 0 1981-2 ( 513.71 x 3.2) 0 1643.87 0 1981-3 ( 513 .71 x .6)) 0 308.23. 0 Total $10,064.46 0 Net Backpay Interest - Total $ 2667 03 $ 545. 14 $ 3212.17 5445 .33 951 .84 6397.17 1643.87 238.03 11881.90 308.23 35.32 •343.55 $10,064.46 $1770.33 $11,834.79 i I DAVIS COAL -CO. 729 Subtotal + Other 1980 Bonuses + Interest Total Backpay Due Marcum $11,834 79 - $882 56 $180.40 $12,897 75 BILL HALL 1980 Christmas Bonus + Wages Withheld + Interest Total Backpay Due Hall $225.00 $480.00 $144. 10 . $849.10