Teamsters Local 519 (Rust Engineering)

TEAMSTERS LOCAL 519 (RUST ENGINEERING) Teamsters Local Union #519, affiliated with the International Brotherhood of Teamsters , Chauf- feurs, Warehousemen and Helpers of America (Rust Engineering Co.) and Ted L. Porter and Jim Isbill. Cases 10-CB-4238 and 10-CB-4367 30 July 1987 SUPPLEMENTAL DECISION AND ORDER By MEMBERS BABSON, STEPHENS, AND CRACRAFT On 16 May and 30 September 1985, respectively, the National Labor Relations Board issued a Deci- sion and Order in each of the above cases' in which it ordered that the Respondent, inter alia, make whole discriminatees for any losses they may have suffered resulting from the Respondent's unfair labor practices in violation of Section 8(b)(1)(A) and (2) of the National Labor, Relations Act. On 12 November 1986 the Regional Director for Region 10 approved a stipulation entered into by the parties. The parties agreed to the amount of backpay due eight individuals, and the Respondent waived the issuance of a backpay specification and notice of hearing, answer, an administrative law judge's decision, the filing of exceptions and briefs, and all further proceedings to which it may be en- titled under the Actor the Board's Rules and Reg- ulations. On 30 March 1987 the General Counsel filed with the Board a Motion for Summary Entry of Order Enforcing Stipulation. The General Counsel alleges that the Respondent has failed to make pay- ment as agreed in the stipulation. Subsequently, on 7 April 1987, the Board issued an order transfer- ring the proceeding to the Board and a Notice to Show Cause why the General Counsel's motion should not be granted. The Respondent filed a re- sponse to the Notice to Show Cause in which it al- 275 NLRB 433 (1985) (Case 10-CB-4238) and 276 NLRB 898 (1985) (Case 10-CB-4367) 75 leged that it does not have the monies to make payment of the backpay in stipulated amounts and that it has evidence that the eight individuals had interim earnings that should be used to reduce the total amount of the backpay stipulation. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. Ruling on Motion for Summary Entry of Order Enforcing Stipulation The stipulation specifically states that payment of sums set forth to the named individuals constitutes full compliance with the affirmative monetary pro- visions of the Board's Orders. The Respondent has failed to offer any valid reasons why it should not be bound by the terms of the stipulation. Accord- ingly, the Board grants the Motion for Summary Entry of Order Enforcing Stipulation and con- cludes that the amount due each named individual is as stated in the stipulation. The Board orders that payment to each named individual be made by the Respondent as set forth in the stipulation. ORDER The National Labor Relations Board orders that the Respondent, Teamsters Local Union #519, af- filiated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Oak Ridge and Knoxville, Tennessee, its officers, agents and representatives, shall make whole Grady Baldwin, Eugene Branson, Jerry Bur- gess, Terry Burgess, Edgar Cate, Roger Davidson, Jim Isbill, and Ted L. Porter by payment to them of the respective amounts stated in the stipulation, plus interest to be computed in the manner pre- scribed in New Horizons for the Retarded,2 less tax withholdings required by Federal and state laws. 2 In accordance with our decision in New Horizons for the Retarded, 283 NLRB 1173 (1987), interest will be computed -at the "short-term Fed- eral rate" for the underpayment of taxes as set out in the 1986 amend- ment to 26 U.S C § 6621. Interest on amounts accrued prior to 1 January 1987 shall be computed in accordance with Florida Steel Corp, 231 NLRB 651 (1977). 285 NLRB No. 14