Starlite Cutting, Inc.

620 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Starlite Cutting, Inc. and its alter ego Petal Pink Novelty, Inc.; and Joseph Fornaro, and Chil- dren's Dress, Infants' Wear Housedress and Bathrobe Makers' Union Local 91, Internation- al Ladies' Garment Workers' Union. Case 2- CA-18563 30 June 1987 ORDER GRANTING MOTION BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN, BABSON, STEPHENS, AND CRACRAFT. On 24 June 1986 the National Labor Relations Board issued a Supplemental Decision and Order 1 granting the General Counsel's Motion for Summa- ry Judgment on the backpay specification. The Board noted that one discriminatee had been un- available to the General Counsel for questioning regarding possible interim earnings and stated, "Accordingly, we shall order the Respondents to pay this discriminatee's specified net backpay to the Regional Director for Region 2 to be held in escrow for a period not exceeding 1 year from the date of this Supplemental Decision and Order." Thereafter, on 25 July 1986 the General Counsel filed a Motion for Clarification of the Supplemental Decision and Order. 2 The General Counsel ques- tioned whether delays in payment of the money into escrow was intended to toll the running of the year of the Respondents' backpay liability. For ex- ample, if the Respondents sought court review of the supplemental decision and the court's decision issued 13 months later, would the Respondents be able to argue that its period of liability had lapsed 1 month before the enforcement decision issued? 1 280 NLRB 1071 (1986) 2 The Respondents filed no response to the General Counsel's motion. Member Cracraft did not participate in the Supplemental Decision and Order and expresses no view here on the issue that divided the Board. She observes that the General Counsel's motion by its own terms "con- cerns only the measurement of the escrow period." We believe the General Counsel's point is well taken, and we now order that the 1-year escrow period shall begin either upon the Respondents' compliance by payment of the backpay for deposit into escrow or upon the date the Board's Supple- mental Decision and Order becomes final, includ- ing enforcement thereof, whichever is later. Thus, if the Respondents pay the money into escrow and do not seek review of the Board's Supplemental Order, the escrow period will end 1 year from the date the money is deposited. If the Respondents seek review and then deposit the money after court enforcement of the Board's Order, the escrow period will end 1 year after the money is deposited. Finally, if the Respondents deposit the money and then seek review, the escrow period will end 1 year after the Board's Order is enforced. ORDER It is ordered that the Supplemental Decision and Order is amended to add the following to the end of the Order: "The amount due to Domingo Can- delaria shall be paid to the Regional Director for Region 2 to be held in escrow for a period not to exceed 1 year. The 1-year escrow period shall begin upon the Respondents' compliance by pay- ment of the backpay for deposit into escrow or the date the Board's Supplemental Decision and Order becomes final, including enforcement thereof, whichever is later." CHAIRMAN DOTSON and MEMBER JOHANSEN, dis- senting. The Supplemental Decision and Order in this case clearly established that any lapse of backpay liability is premised on a failure to locate the discri- minatee within 1 year of that decision. It does not require or imply that enforcement and compliance be complete within that period. Accordingly, we would deny the General Counsel's motion. 284 NLRB No. 71