Artcraft Ornamental Iron Co., Inc. And Rich Morrow Insurance Agency, Inc. And William B. Logan Jr., Trustee In Bankruptcy For Artcraft Ornamental Iron Co., Inc.

138 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Artcraft Ornamental Iron Co., Inc. -and Rich- Morrow Insurance Agency, Inc. and William B. Logan, Jr., Trustee in Bankruptcy for Artcraft Ornamental Iron Co., Inc. and Shopmen's Local Union No. 626 of the International Association of Bridge, Structural & Ornamental Iron Work- ers, "AFL-CIO. Case 9-CA-19591 27 February 1987 SUPPLEMENTAL ORDER BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN AND BABSON A controversy having arisen over the amount of backpay due six discriminatees under the terms of the Decision and Order issued by the National Labor Relations Board on 31 July 19841 and en- forced by a judgment entered by the United States Court of, Appeals for the Sixth Circuit on 29 May 1985,2 the Regional Director for Region 9 issued a backpay specification and notice of hearing on 26 March 1986 and on 16 May 1986 an amended back- pay specification and order rescheduling hearing alleging the amounts of backpay due the discrimin- atees. Thereafter, on various dates during September and October 1986, William B. Logan Jr., the trust- ee in bankruptcy for Respondent Artcraft Orna- mental Iron Co., Inc.; Respondent Rich-Morrow Insurance Agency, Inc.; the Charging Party; and the General Counsel entered into a stipulation and motion to transfer case to the Board in resolution of the backpay owed pursuant to the terms of the Board's Order. The stipulation provides for the entry of a supplemental order and, on application by the Board, a consent judgment by the United States court of appeals for any appropriate circuit. The parties waived all further proceedings before the Board to which they may be entitled under the National Labor Relations Act and the Board's Rules and Regulations, and the Respondent waived all defenses to the entry of a judgment by the court of appeals enforcing the Board's Order. Additionally, the parties stipulated that assets of Respondent Artcraft Ornamental Iron Co. and Re- spondent Rich-Morrow Insurance Agency are sub- ject to the jurisdiction of the United States Bank- ruptcy Court for the Southern District of Ohio, Eastern Division, pursuant to the United States Bankruptcy Code. They further agreed that any moneys stipulated to be due and payable to the backpay claimants in this case shall be subject to further determination by the bankruptcy court re- garding amounts payable from the bankruptcy 1 271 NLRB 829 2 Civil No 85-5214 estate of Respondent Rich-Morrow. The stipulation also provides that: Any determination by the Bankruptcy Court regarding the claims filed on behalf of the claimants shall be binding upon the parties to this stipulation and upon the claimants, after the expiration of any applicable appeal time, or after any appeal has been completed, and nei- ther the bankruptcy estate nor, the trustee indi- vidually or in his capacity as trustee shall have any further liability or obligation to pay any additional amounts or to take any, additional action with regard to the judgment after distri- bution in accordance with the provisions of the Bankruptcy Code. The stipulation, is approved and made a part of the record, and the proceeding is transferred to and continued before the Board in Washington, D.C., for the entry of a supplemental order pursuant to the provisions of the stipulation. ORDER Upon the basis of the stipulation and the entire record in this case, the National Labor Relations Board orders that the Respondent, Artcraft Orna- mental Iron Co., Inc. and Rich-Morrow Insurance Agency, Inc., Columbus, Ohio, its trustees in bank- ruptcy, officers, agents, successors, and assigns, shall make the discriminatees whole for the loss of earnings and other benefits they suffered as a result of the discrimination against them by paying the discriminatees the amount set forth opposite their respective names below, plus interest as set forth below to the date oP payment. Robert William Deal $11,266 William M. Diederich 17,334 Wilson Ford 3,594 plus 1,980 Steve R. Friley 18,899 Ronald Lee Monroe 14,925 Jeffrey F. O'Hara 17,344 plus 1,980 The annual interest rates to be applied to the back- pay are 16 percent for the period ending 30 June 1983; 11 percent for the period 1 July 1983 through 31 December 1984; 13 percent for the period 1 Jan- uary through 30 June 1985; 11 percent for the period 1 July through 31 December 1985; 10 per- cent for the period 1 January through 30 June 1986; and 9 percent for the period 1 July through 31 December 1986. 3 These figures are the amounts of backpay due Ford and O'Hara for the period beginning in mid-February 198a and ending 29 April 1984 which, pursuant to the terms of the Board's Order, are a separate and distinct obligation solely of Artcraft Ornamental Iron Co 283 NLRB No. 28