Boland Marine And Manufacturing Co., Inc.

624 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Boland Marine and Manufacturing Company, Inc. and International Brotherhood of Boilermakers, Local 37 a/w International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers. Cases 15-CA-5874 and 15-CA-6099 8 September 1987 SECOND SUPPLEMENTAL DECISION AND ORDER BY MEMBERS JOHANSEN, STEPHENS, AND CRACRAFT On 21 November 1986 Administrative Law Judge Thomas D. Johnston issued the attached second supplemental decision. The General Coun- sel and the Respondent each filed exceptions and a supporting brief, and the General Counsel filed an answering brief.' The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,2 to modify the remedy,3 and conclusions and to adopt the recommended Order as modified.4 I We deny the General Counsel's motion to strike portions of the Re- spondent's exceptions and brief in support which raise matters previously litigated We note, however, that the Board has previously considered and found lacking in merit the Respondent's arguments relating to the ap- propriate control group, backpay formula, backpay period, and individual entitlements to backpay There is no basis for reversing our rulings on these matters 2 In the section of the judge's decision entitled "Findings of Fact, A The Amounts of Backpay Owed to the Claimants who were Discrimina- torily Discharged," par 2, the hourly rate of pay for helpers from 16 February 1978 on should be $6 08, not $608 8 In accordance with our decision in New Horizons for the Retarded, 283 NLRB 1173 (1987), interest on and after I January 1987 shall be computed at the "short-term Federal rate" for the underpayment of taxes as set out in the 1986 amendment to 26 US C § 6621 Interest on amounts accrued prior to 1 January 1987 (the effective date of the 1986 amendment to 26 U S C § 6621) shall be computed in accordance with Florida Steel Corp, 231 NLRB 651 (1977) 4 In his recommended Order, the judge cited Starlite Cutting, 280 NLRB 1071 (1986) (Starlue I), which overruled Duncan Foundry & Ma- chine Works, 222 NLRB 768 (1976), and stated that a respondent's back- pay obligation in the absence of the discriminatee will lapse at the end of a I-year escrow period and, absent the discriminatee's showing by a pre- ponderance of the evidence that there were compelling reasons to justify the failure to come forward during that period, a respondent shall not remain obligated for the gross backpay amount specified for the discrim- inatee after the end of the I-year escrow period Subsequently, the Board issued an order at 284 NLRB No 620 (1987) (Starlue 11), clarifying the starting date of the I-year escrow period discussed in Starlite I In Starlrte II the Board majority held that the 1-year escrow period shall begin either on the respondent's compliance by payment of the backpay for de- posit into escrow or on the date the Board's Supplemental Decision and Order becomes final, including enforcement thereof, whichever is later The provisions of Starlue I and II are applicable in the instant case with regard to backpay owed to Paul Crane, Moses Lovely, and William Todd Jr Although Member Johansen dissented in Starlrte II, and would find that such 1-year escrow periods should begin on the date of issuance of the Board's order affixing backpay liability, he nevertheless considers himself to be institutionally bound to apply the rule of Starlite 11 in this 1. The General Counsel excepted to the judge's backpay computation for claimant Lawrence Cour- villion Jr. for the second quarter of 1976. The judge found that the gross and net backpay figures are $864. The backpay specification alleges $964. The applicable contract rate for Courvillion, a journeyman, during the second quarter of his em- ployment in 1976 is $6.79 per hour. The adjusted average hours of backpay during that quarter as set forth in Appendix 3A-1 of the amended backpay specification is 456 hours or 5.07 hours per day. During that quarter Courvillion was eligible for backpay for 28 days.5 Thus, the correct gross backpay figure for Courvillion for the second quar- ter of 1976 is $964. Courvillion had no interim earnings during that period. Accordingly, Courvil- lion's net backpay for that quarter is $964. 2. The Respondent also excepted to a number of the judge's backpay computations. We find merit in the Respondent's contention that certain adjust- ments to the recommended backpay Order are warranted. Accordingly, we shall make the follow- ing mathematical changes in several of the judge's backpay computations. The judge found that for the second quarter of 1978 Courvillion's gross backpay is $3578, his inter- im earnings less $156 for travel expenses are $2871, and his net backpay is $707. Courvillion's admitted earnings for the second quarter of 1978 are $3760.6 Accordingly, Courvillion's net interim earnings for that quarter are $3760, less $156 for travel ex- penses, or $3604. Because Courvillion's net interim earnings exceed the gross backpay, he is not owed any backpay for the second quarter of 1978. The judge found that Courvillion's gross back- pay for the fourth quarter of 1978 is $1296, his in- terim earnings less $48 for travel expenses are $1237, and his net backpay is $59. The Respondent excepted to the judge's gross backpay finding. We find merit in the Respondent's exception. The ap- plicable contract rate for Courvillion for that quar- ter is $8.04 per hour. The adjusted average hours of backpay during that quarter as reflected in Ap- pendix 3A-1 of the amended backpay specification is 161 hours. Thus, Courvillion's gross backpay for the fourth quarter of 1978 is $1294. Courvillion's net backpay for that quarter is $57. Based on the corrected figures discussed above, the amount of total backpay owed to Courvillion is case Member Cracraft, who did not participate in Starlue I, agrees with former Member Dennis' dissent that backpay for unavailable discrimina- tees should not lapse after t year However, so long as Starlrte I remains Board law, Member Cracraft will apply the remedy set forth in that deci- sion 5 Appendix L-IA of the amended backpay specification excepts I April to 2 June 1976 from the quarterly period 6 See Appendix L-9 of the amended backpay specification 285 NLRB No. 85 BOLAND MARINE & MFG. CO. $11,161, rather than $11,773, and the combined total of backpay and contributions owed to the fringe benefits fund is $13,847, rather than $14,459. The Respondent excepted to the judge's findings that the gross and net backpay owed to claimant Dean Ellis for the third quarter of 1978 are $3576 and $923, respectively. We find merit in the Re- spondent's exceptions. The applicable contract rate for Ellis for that quarter is $8.04 per hour. The ad- justed average hours of backpay during that quar- ter as reflected in Appendix 3A-1 of the amended backpay specification is 441 hours. Thus, the cor- rect gross backpay figure is $3546. The correct net backpay figure for that quarter is $893. The correct total amount of backpay owed to Ellis is $10,876, rather than $10,906, and the combined total of backpay and contributions owed to the fringe bene- fits funds is $12,589, rather than $12,619. We also find merit in the Respondent's exception to the judge's finding that claimant Christopher Scamardo's gross backpay for the first quarter of 1976 is $2338. The applicable contract rates for Scamardo during that period are $6.24 per hour from 1 January to 16 February 1976 and $6.79 per hour for the remainder of that quarter. The aver- age adjusted hours of backpay for that quarter are 422 hours, or 4.68 hours per day. The backpay specification excepts the period from 1 January to 16 January 1976 for a total of 75 excepted hours.7 Thus, from 1 January to 16 February Scamardo is entitled to 136 adjusted average backpay hours at a rate of $6.24 per hour for a total of $849. From 16 February to the end of the quarter Scamardo is en- titled to 211 adjusted average hours of backpay at a rate of $6.79 per hour for a total of $1433. Thus, for the entire first quarter of 1976 Scamardo's cor- rect gross backpay is $2282. This correction does not alter the other figures shown for Scamardo. The judge found for the second quarter of 1976 claimant William Todd's gross backpay is $2906 and net backpay is $1286. In accordance with the Respondent's exceptions, we find that the judge's figures are mathematically incorrect. The applica- ble contract rate for that quarter is $6.79 per hour. The adjusted average hours for that quarter as specified in Appendix 3A-1 of the amended back- pay specification are 456 hours or 5.07 hours per day. The amended backpay specification excludes the period from 1 April to 6 April 1976. Thus, Todd is entitled to 426 hours8 of backpay at $6.79 7 This figure was obtained by multiplying 16 days by 4.68 hours per day. 6 This figure was obtained by multiplying 84 days by 5.07 hours per day 625 an hour for a total of $2893, rather than $2906, in gross backpay. The Respondent does not dispute the judge's interim earnings figure of $1620. The correct net backpay amount is $1273, rather than $1286. The correct total amount of backpay owed to Todd is $8097, rather than $8110. The total amount owed to the trust funds is $2848 for a cor- rected combined total of $10,945, rather than $10,958. ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Re- spondent, Boland Marine and Manufacturing Com- ' pany, Inc., New Orleans, Louisiana, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified. The following amended amounts of backpay and contributions are owed for claimants: Name Backpay Fringe Benefit Total Funds L. Courvillion Jr........... $11,161 $2686 $13,847 Dean Ellis ..................... 10,876 171,3 12,589 William Todd, Jr............ 8,097 2,848 10,945 Lee J. Romero, Esq. and Clement L Kennington Jr., Esq., for the General Counsel. Robert K McCalla, Esq. and Leonard J. Fagot Jr. (Jones, Walker, Waechter, Poitevent, the Carriere & Denegre), of New Orleans, Louisiana, for the Respondent. Louis L. Robein Jr., Esq. (Dodd, Barker, Boudreaux, Lamy & Gardner), of New Orleans, Louisiana, for the Charging Party. SECOND SUPPLEMENTAL DECISION STATEMENT OF THE CASE THOMAS D. JOHNSTON, Administrative Law Judge. On 20 June 1986 the Board issued'its Supplemental Decision and Order Remanding at 280 NLRB 454, in which it af- firmed in part and reversed in part the Supplemental De- cision issued by Administrative Law Judge, Henry L. Ja- lette in the above-entitled matter on 5 June 1981. It found Judge Jalette erred in tolling the Respondent's backpay liability as of 24 June 1977 rather than 29 Octo- ber 1978; in finding Respondent's backpay obligation to Christopher Scamardo ceased as of 29 February 1976; in not finding Edward Allen, Frank Anderson Jr., Roark Boyd, Hilton Burns, Michael Burton, Larry Courvillion, Paul Crane, Dean Ellis, Merland Farria, Clark Gristina, Paul Mire, Randy Moore, Mike Purdy, William Todd Jr., James Williamson, and Drew Willis were claimants entitled to backpay who the Board finds are claimants entitled to backpay; and in not finding Angel Alpuche, 626 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD S. J. Vodanovich, and Bert West were claimants entitled to backpay for 3-day suspensions given to them who the Board finds are entitled to backpay. The Board in its remand directed that findings of backpay entitlement be made for those claimants it found were entitled to backpay and for claimants entitled to backpay for the period from 24 July 1977 to 29 October 1978 and backpay for Christopher Scamardo after 29 February 1976 and that a Second Supplemental Decision be issued by an administrative law judge containing credibility resolutions, findings, conclusions, and recom- mendations consistent with its remand Order. Among Judge Jalette's findings affirmed by the Board were the formulas used for computing backpay and con- tributions owed to the fringe benefit funds and backpay computations for claimant Burkley Poland and in part for claimants Moses Lovely' and Christopher Sca- mardo2 and for 24 other claimants who were given 3- day suspensions. Those computations will be included in my recommended Order The only issue involved is determining the amounts, if any, of backpay owed to the claimants and the amounts of contributions owed to the fringe benefit funds on their behalf. On the entire record3 in this case and consistent with the Board's remand and after due consideration of the briefs originally filed by the General Counsel and the Respondent, I make the following4 FINDINGS OF FACT A. The Amounts of Backpay Owed to the Claimants who were Discriminatorily Discharged The hourly rates of pay for journeymen mechanics and boilermakers were as follows: 16 February 1975 to 16 February 1976 = $6 24; 16 February 1976 to 16 Feb- ruary 1977 = $6.79; 16 February 1977 to 1 July 1977 = $7 38; 1 July 1977 to 1 January 1978 = $7.18, 1 January 1978 to 16 February 1978 = $7. 08, and from 16 Febru- ary 1978 = $8.04. The hourly rates of pay for helpers were as follows. 16 February 1975 to 16 February 1976 = $4 74, 16 Febru- ary 1976 to 16 February 1977 = $5.17, 16 February 1977 to 1 July 1977 = $5 63; 1 July 1977 to 16 February 1978 _ $5.43; and from 16 February 1978 = $608. The hourly contribution rates to the Health and Wel- fare Funds were as follows: 16 February 1975 to 1 July 1977 = 30 cents; 1 July 1977 to January 1978 = 50 cents, and from 1 January 1978 = 60 cents The hourly contribution rate to the Training Fund was 5 cents The hourly contribution rate to the Pension Fund was 25 cents. Each claimant is discussed separately and applying the appropriate formulas, as found, the amounts, if any, of 1 Lovely's backpay period was erroneously cut off on 24 July 1977 2 Scamardo's backpay period as found by the Board extends to 27 July 1976 s Although the parties were given the opportunity to present addition- al evidence in this matter , they all declined to do so * Unless otherwise indicated the findings are based on the pleadings, admissions , stipulation, and undisputed evidence contained in the record, which I credit backpay due them and contributions owed to the fringe benefit funds on their behalf are set forth. 1 Edward Allen The backpay period of Edward Allen, a helper, ex- tends from 2 April 1976 to 31 July 1977 Following his discharge Allen sought work in Slidell, Louisiana, where he lived. He unsuccessfully applied for work at a shipyard and a metal fabricating shop He also went to the International Brotherhood of Boilermakers, Local 37 a/w International Brotherhood of Boilermak- ers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers (the Union), but was informed there was no work avail- able. A few weeks after his discharge, Allen in early May 1976 moved to Gardenia, California, where the woman he planned to marry lived. Although they did get mar- ried and still live there, Allen denied it was his intention of staying in California when he went there and he is still not sure whether he plans to stay there. On his arrival in Gardenia, Allen looked for work in newspaper ads and applied for jobs through the unem- ployment office. The first job Allen obtained was about June at Advance Engineering Company. He worked full time performing welding work at the rate of $3 an hour. After working there 3 months, Allen about September quit his job at Advance Engineering Company for a better job and immediately started work at California Shipbuilding. There he worked 40 hours a week earning $7.74 an hour. However, after working about 2-1/2 weeks, Allen was laid off work. About 2 weeks later, Allen in October began work for Unimesco, Inc. He got the job through the unemployment office. There Allen worked 40 hours a week performing welding work at the rate of $4 an hour. After working for Unimesco, Inc. about 4 months, Allen was discharged in February 1977 The only reason given for his discharge was he was unable to meet company standards, which was not ex- plained. Allen's total earnings at Unimesco, Inc in 1977 were $883 14 Following his discharge at Unimesco, Inc in February 1977, Allen applied for unemployment He was rehired by Advance Engineering Company several weeks later in March, after being referred there by the unemploy- ment office. There he worked full-time welding at $3 50 an hour to October 1978. During 1977 Allen earned $7852.84 working at Advance Engineering Company The Respondent's contentions that Allen engaged in a willful loss of earnings or was unavailable for employ- ment or lost all interest in reinstatement to his former job and decided in May 1976 to make California his perma- nent home are contrary to the evidence and are rejected. Allen's gross backpay for the second quarter of 1976 is $2326. His interim earnings at Advance Engineering Company for June were about $480. Allen's net backpay for that quarter is $1846. The amount of contributions to be credited to the trust funds5 on Allen's behalf for that 5 These trust funds are also referred to as the fringe benefit funds BOLAND MARINE & MFG. CO. quarter are $130 to the Pension and Training Funds and $130 to the Health and Welfare Fund. Allen's gross backpay for the third quarter of 1976 is $2326. His interim earnings at Advance Engineering Company for July and August were $960 and his interim earnings at California Shipbuilding in August were $765 for a total interim earnings of $1725 , Allen's net backpay for that quarter is $601. The amount of contributions to be credited to the trust funds on Allen's behalf for that quarter is $129 to the Pension and Training Fund and $129 to the Health and Welfare Fund. Allen's gross backpay for the fourth quarter of 1976 is $2554. His interim earnings that quarter at Unimesco, Inc. for October through December were $1920. Allen's net backpay for that quarter is $634. The amount of con- tributions to be credited to the trust funds on Allen's behalf for that quarter is $131 to the Pension and Train- ing Fund and $131 to the Health and Welfare Fund. Allen's gross backpay for the first quarter of 1977 is $2668. His interim earnings that quarter at Unimesco, Inc. for January were $883 and his earnings at Advance Engineering Company for March were $7857 for a total interim earnings of $1668. Allen's net backpay for that quarter is $1000. The amount of contributions to be cred- ited to the trust funds on Allen's behalf for that quarter is $148 to the Pension and Training Fund and $148 to the Health and Welfare Fund. Allen's gross backpay for the second quarter of 1977 is $2376. His interim earnings for that quarter at Advance Engineering Company were $2355. Allen's net backpay for this quarter is $21. The amount of contributions to be credited to the trust funds on Allen's behalf for that quarter is $127 to the Pension and Training Fund and $127 to the Health and Welfare Fund. Allen's gross backpay for the third quarter of 1977 is $592. His interim earnings at Advance Engineering Com- pany were $785. Because Allen's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter, The amount of contributions to be credited to the trust funds on Allen's behalf for that quarter is $33 to the Pension and Training Fund and $54 to the Health and Welfare Fund. The total amount of backpay owed to Allen is $4102 and the total amount of contributions owed on Allen's behalf to the Pension and Training Fund is $698 and to the Health and Welfare Fund is $719 for a total amount owed to the trust funds of $1417 and for a combined total of $5519. 2. Frank Anderson Jr. The backpay period of Frank Anderson Jr., a journey- man, extends from 5 February 1976 to 29 October 1978. The day after Anderson was terminated he attempted without success to get reinstated to his job at the Re- spondent. Thereafter, throughout the entire backpay period Anderson applied for and obtained jobs with vari- s The Pension Fund and the Training Fund are treated as one fund for purposes of determining the amount of contributions owed to those funds 7 This figure was obtained by dividing the 10-month period Allen worked there in 1977 into his total earnings of $7852. 627 ous employers through the Steamship Association of New Orleans hiring Center. These jobs were along the river and included such work as a longshoreman, freight handler, cooper, sweeper, and waterboy. Anderson was also affiliated with another labor organization in per- forming these jobs. The admitted earnings of Anderson reflect that during the backpay period he worked for Smith & Johnson Shipping, Inc.; Atlantic & Gulf Stevedores, Inc.; TTT Stevedores of La., Inc.; James Stevedores, Inc.; Strachan Shipping Co.; Dixie Stevedores, Inc.; J. Young & Co., Inc.; James J. Flanagan Shipping Corp.; Ryan-Walsh Ste- vedoring Co., Inc.; T. Smith & Son, Inc.; Interocean Ste- vedoring, Inc.; Ping Corporation; Dalton Steamship Corp.; Stevedores of La., Inc.; and UFT. Anderson worked for most of these companies on different occa- sions. No evidence was proffered to show Anderson engaged in a willful loss of earnings or was unavailable for em- ployment and this defense raised in Respondent 's answer is rejected. Anderson's gross backpay for the first quarter of 1976 is $1751. His interim earnings were $337. Anderson's net backpay for this quarter is $1414. The amount of contri- butions to be credited to the trust funds on Anderson's behalf for this quarter is $75 to the Pension and Training Fund and $75 to the Health and Welfare Fund. Anderson's gross backpay for the second quarter of 1976 is $3096. His interim earnings were $389. Ander- son's net backpay for this quarter is $2707: The amount of contributions to be credited to the trust funds on An- derson's behalf for that quarter is $132 to the Pension and Training Fund and $132 to the Health and Welfare Fund. Anderson's gross backpay for the third quarter of 1976 is $3055 . His interim earnings were $823. His net back- pay for this quarter is $2232. The amount of contribu- tions to be credited to the trust funds on Anderson's behalf for that quarter is $129 to the Pension and Train- ing Fund and $129 to the Health and Welfare Fund. Anderson's gross backpay for the fourth quarter of 1976 is $3354. His interim earnings were $1386. His net backpay for this quarter is $1968 . The amount of contri- butions to be credited to the trust funds on Anderson's behalf for this quarter is $131 to the Pension and Train- ing Fund and $131 to the Health and Welfare Fund. Anderson's gross backpay for the first quarter of 1977 is $3330. His interim earnings were $2018. Anderson's net backpay for this quarter is $1312. The amount of contributions to be credited to the trust funds on Ander- son's behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. Anderson's gross backpay for the second quarter of 1977 is $3306. His interim earnings were $1896. Ander- son's net backpay for this quarter is $1410. The amount of contributions to be credited to the trust funds on An- derson's behalf for this quarter is $ 121 to the Pension and Training Fund and $121 to the Health and Welfare Fund. 628 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Anderson's gross backpay for the third quarter of 1977 is $2535. His interim earnings were $2873. Because An- derson's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter The amount of contributions to be credited to the trust funds on Ander- son's behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Anderson's gross backpay for the fourth quarter of 1977 is $2542. His interim earnings were $3065 Because Anderson's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter The amount of contributions to be credited to the trust funds on An- derson's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Anderson's gross backpay for the first quarter of 1978 is $2601. His interim earnings were $3834. Because An- derson's interim earnings exceed the gross backpay, he is not owed any backpay for the quarter The amount of contributions to be credited to the trust funds on Ander- son's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Anderson's gross backpay for the second quarter of 1978 is $3578. His interim earnings were $4636. Because Anderson's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of contributions to be credited to the trust funds on An- derson's behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Anderson's gross backpay for the third quarter of 1978 is $3546. His interim earnings were $3561 Because An- derson's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter The amount of contributions to be credited to the trust funds on Ander- son's behalf for this quarter is $121 to the Pension and Training Fund and $218 to the Health and Welfare Fund. Anderson's gross backpay for the fourth quarter of 1978 is $1294. His interim earnings were $1373 Because Anderson's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter The amount of contributions to be credited to the trust funds on An- derson's behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total amount of backpay owed to Anderson is $11,043 and the total amount of contributions owed on Anderson's behalf to the Pension and Training Fund is $1290 and to the Health and Welfare Fund is $1728 for a total owed to the trust funds of $3018 and for a com- bined total of $14,061 3. Roark Boyd The backpay period of Roark Boyd, a journeyman, ex- tends from 5 February 1976 to 29 October 1978. The admitted earnings of Boyd reflect that following his discharge he worked for several employers including Equitable Shipyards, Regal Tool & Rubber and for Tam- many Planning and Development. This work was per- formed during each quarter of 1976 and the first two quarters of 1977 Boyd left his job with Tammany Planning and Devel- opment about April 1977 to go into business for himself This business consisted of operating a backhoe, which costs about $22,000, performing work for other compa- nies and individuals. Although Boyd acknowledged keeping the backhoe busy most of the time, he thought his records reflected a loss for his business for the first year because he bought the machine using a portion of the income earned to pay for it and his tax preparer claimed an investment credit. Afterwards, Boyd received earnings from the operation of his business. Boyd acknowledged besides spending some of the income earned for business reasons that he and on occa- sions his wife8 both drew out money from the business for their personal use such as for purchasing food and lodging, going to the movies, and that sort of thing. They mainly lived on the income of Boyd's wife who was a teacher. These types of withdrawal of funds for personal use from the business checking account by Boyd included $100 in the second quarter of 1977, $515 in the third quarter of 1977; $1050 in the fourth quarter of 1977; $1250 in the first quarter of 1978, $700 in the second quarter of 1978; and $2800 in the third quarter of 1978 for a total of $6015. His wife, Jean Boyd, also made such withdrawals of $105 in the second quarter of 1977; $55 in the fourth quarter of 1977; $490 in the first quarter of 1978; $50 for the third quarter of 1978; and $115 in the fourth quarter of 1978 for a total of $815. The Respondent contends these withdrawals of funds by Boyd and his wife from the business for their personal use should be deducted from Boyd's backpay. The Gen- eral Counsel disputes this contention and argues that Boyd's withdrawals from his business do not constitute earnings because the business incurred a tax loss for the same period of time. Contrary to the General Counsel's position, I find these withdrawals of funds for personal use were no different than other income it is acknowl- edged Boyd received from his business and they shall be treated as additional earnings. While the business may have shown a loss for its first year of operation, it ap- pears from Boyd's own testimony it was a paper loss for tax purposes rather than an actual loss Boyd's gross backpay for the first quarter of 1976 is $1725. His interim earnings were $1876 Because Boyd's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter The amount of con- tributions to be credited to the trust funds on Boyd's behalf for this quarter is $75 to the Pension and Training Fund and $75 to the Health and Welfare Fund. Boyd's gross backpay for the second quarter of 1976 is $3096 His interim earnings were $3483. Because Boyd's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter The amount of con- tributions to be credited to the trust funds on Boyd's behalf for this quarter is $132 to the Pension and Train- ing Fund and $132 to the Health and Welfare Fund. 8 There was no showing Boyd's wife was employed by his business BOLAND MARINE & MFG. CO. Boyd"s gross backpay for the third quarter of 1976 is $3055. His interim earnings were $3808. Because Boyd's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Boyd's behalf for this quarter is $129 to the Pension and Train- ing Fund and $129 to the Health and Welfare Fund. Boyd's gross backpay for the fouith quarter of 1976 is $3354. His interim earnings were $3314. His net backpay for this quarter is $40. The amount of contributions to be credited to the trust funds on Boyd's behalf for this quar- ter is $131 to the Pension and Training Fund and $131 to the Health and Welfare Fund. Boyd's gross backpay for the first quarter of 1977 is $3330. His interim earnings were $2518. His net backpay is $812. The amount of contributions to be credited to the trust funds on Boyd's behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. Boyd's gross backpay for the second quarter of 1977 is $3306. His interim earnings were $1035. His net backpay for this quarter is $2271. The amount of contributions to be credited to the trust funds on Boyd's behalf for this quarter is $121 to the Pension and Training Fund and $121 to the Health and Welfare Fund. Boyd's gross backpay for the third quarter of 1977 is $2535. His interim earnings were $515. His net backpay for this quarter is $2020. The amount of contributions to be credited to the trust funds on Boyd's behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Boyd's gross backpay for the fourth quarter of 1977 is $2542. His interim earnings were $1105. His net backpay for this quarter is $1437. The amount of contributions to be credited to the trust funds on Boyd's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Boyd's gross backpay for the first quarter of 1978 is $2601. His interim earnings were $4226. Because Boyd's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Boyd's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Boyd's gross backpay for the second quarter of 1978 is $3578. His interim earnings were $3186. His net backpay for this quarter is $392. The amount of contributions to be credited to the trust funds on Boyd's behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Boyd's gross backpay for the third quarter of 1978 is $3546. His interim earnings were $5336. Because Boyd's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Boyd's behalf for this quarter is $121 to the Pension and Train- ing Fund and $218 to the Health and Welfare Fund. Boyd's gross backpay for the fourth quarter of 1978 is $1294. His interim earnings were $944. His net backpay is $350. The amount of contributions to be credited to the trust funds on Boyd's behalf for this quarter is $46 to 629 the Pension and Training Fund and $84 to the Health and Welfare Fund. The total amount of backpay owed to Boyd is $7322 and the total amount of contributions owed on Boyd's behalf to the Pension and Training Fund is $1290 and to the Health and Welfare Fund is $1728 for a total owed to the trust funds of $3018 and for a combined total of $10,340. 4. Hilton Burns The backpay period of Hilton Burns, a journeyman, extends from 5 February 1976 to 29 October 1978. The admitted earnings of Burns reflect that following his discharge he worked for various employees including Joseph Stallbrook; Westminister Corporation; Marriott Corp.; Fairmont Roosevelt Hotel, Inc.; International Blosting Marine, Inc.; S & R Hotel Corporation; Hyatt Corporation; Joseph H. Kovanaugh & Robert M. Hognie, Ptr.; Peterson Maritime Services, Inc.; Universal Furniture; Grand Hotel; Reising Sunrise Bakery; AAUCO Demolishing Company; and IBM. Burns worked for some of those companies on more than one occasion and he also worked during each quarter of the backpay period. Burns also unsuccessfully applied for work at other places including such places as Equitable Equipment, Saucier Marine, and American Marine. Be- sides these jobs on which Burns admittedly had earnings, he recalled for the first time at the hearing that he also worked on the river for an employer association for about 10 days. Neither the dates nor the earnings were established on the record. However, to account for such earnings, I shall assume, based on earnings by other claimants performing similar type jobs, that he earned $4 an hour and worked a 40-hour week and this occurred during the first quarter of 1976. Burns acknowledged he was terminated from his job at Reising Sunrise Bakery. His reason was he was sup- posed to report to work at a certain time, but overslept and called in an hour late. Although Burns acknowledged he was in a band, he denied they played anywhere during that time or he had any earnings from it, and there was no showing this interfered with Burns' seeking work or working. Burns also acknowledged between August and 11 De- cember 1977 there were about 60 days when he was un- available for work because he had to take care of his sick father. Accordingly in computing Burns' backpay and contributions to the trust funds 1 month each will be de- ducted from the third and fourth quarters of 1977 be- cause Burns was unavailable for work. The evidence fails to establish as Respondent asserts in its answer, that Burns did not seek boilermaker-type work or that he engaged in a willful loss of earnings. While the 60-day period Burns attended his ill father is being excluded for purposes of computing backpay as urged by Respondent in its brief, the further contention urged by Respondent that the period Burns was in the band also be excluded for backpay purposes is rejected for reasons previously stated. Burns' gross backpay for the first quarter of 1976 is $1751. His interim earnings were $507. His net backpay 630 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD is $1244. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $75 to the Pension and Training Fund and $75 to the Health and Welfare Fund. Burns' gross backpay for the second quarter of 1976 is $3096. His interim earnings were $230. His net backpay is $2866. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $132 to the Pension and Training Fund and $132 to the Health and Welfare Fund. Burns' gross backpay for the third quarter of 1976 is $3055. His interim earnings were $52. His net backpay is $3003. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $129 to the Pension and Training Fund and $129 to the Health and Welfare Fund. Burns' gross backpay for the fourth quarter of 1976 is $3354. His interim earnings were $1408. His net backpay is $1946. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $131 to the Pension and Training Fund and $131 to the Health and Welfare Fund. Burns' gross backpay for the first quarter of 1977 is $3330 His interim earnings were $441 His net backpay is $2889. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. Burns' gross backpay for the second quarter of 1977 is $3306. His interim earnings were $2279. His net backpay is $1027. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $121 to the Pension and Training Fund and $121 to the Health and Welfare Fund Burns' gross backpay for the third quarter of 1977 is $1738. His interim earnings were $650. His net backpay is $1088. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $69 to the Pension and Training Fund and $114 to the Health and Welfare Fund. Burns' gross backpay for the fourth quarter of 1977 is $1651. His interim earnings were $150 His net backpay is $1501. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $64 to the Pension and Training Fund and $107 to the Health and Welfare Fund. Burns' gross backpay for the first quarter of 1978 is $2601 His interim earnings were $530. His net backpay is $2071. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Burns' gross backpay for the second quarter of 1978 is $3578. His interim earnings were $1103 His net backpay is $2475. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Burns' gross backpay for the third quarter of 1978 is $3546 His interim earnings were $1490. His net backpay is $2056. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $121 to the Pension and Training Fund and $218 to the Health and Welfare Fund. Burns' gross backpay for the fourth quarter of 1978 is $1294. His interim earnings were $389. His net backpay is $905. The amount of contributions to be credited to the trust funds on Burns' behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund The total amount of backpay owed to Burns is $23,071 and the total amount of contributions owed on Burns' behalf to the Pension and Training Fund is $1228 and to the Health and Welfare Fund is $1625 for a total owed to the trust funds of $2,853 and for a combined total of $25,924. 5. Michael Burton The backpay period of Michael Burton, a journeyman, extends from 10 July 1975 to 29 October 1978. The admitted earnings of Burton reflect that following his discharge he worked for various employers including Buck Kreihs Co., Inc.; Nabors Trailers, Inc.; Comet Construction Inc.; Dixie Machine Welding & Metal Works, Inc.; Bernard & Burk, Inc.; Equitable Equipment Co., Inc, M & W Marine Ways, Inc.; Bergeron Machine Shop, Inc., Boh Bros. Construction Co., Inc ; Dravo Construction; Gaffney, Inc.; Delta Maintenance, Inc ; Tompkins-Beckwith, Inc.; and Mechanical Construction Co. of New Orleans, Inc Burton worked each quarter of the backpay period and worked for some of these em- ployers on more than one occasion. Certain travel expenses relating to his interim employ- ment were claimed for Burton. During the second quar- ter of 1976, Burton worked for Bergeron Machine Shop, Inc. (Bergeron) for which $80 was claimed for mileage. This was based on an estimated distance of 30 miles roundtrip from Burton's home to his job at Bergeron and a distance of 10 miles roundtrip from his home to the Respondent. However, Burton testified the distance to Bergeron was at least 20 or 25 miles one way and he es- timated he worked there 5 days a week for about 2 months. Burton also estimated the distance from his home to the Respondent was 20 miles roundtrip Using Burton's mileage estimates, he had to travel an additional distance of 20 miles a day to work at Bergeron. This ad- ditional cost for driving his vehicle to work at 10 cents a mile allowance was $2 a day or $10 a week and for the 2-month period was $80. The only other quarter in which travel expenses were claimed and there was backpay owed was the first quar- ter of 1977. Mileage expenses of $2709 were claimed while Burton worked at Boh Bros. Construction Co., Inc. (Boh) Burton first testified the distance between his home and Bob was about 6 miles one way and 12 miles roundtrip. He then changed his testimony by stating it could not be more than about 12 miles from his home to Bob at the very most, if any. Because the mileages given by Burton from his home to Respondent and to Boh were estimated rather than measured distances and were 9 This figure was based on driving an additional 300 miles per week for 9 weeks BOLAND MARINE & MFG. CO. 631 close in distance and, in view of the contradictions in Burton's testimony of the distance to Boh, I shall disal- low any claims for mileage expenses for work at Boh. Burton's gross backpay for the third quarter of 1975 is $2171. His interim earnings were $1662 . His net backpay is $509. The amount of contributions to be credited to the trust funds on Burton's behalf for this quarter is $107 to the Pension and Training Fund and $107 to the Health and Welfare Fund. Burton's gross backpay for the fourth quarter of 1975 is $2515. His interim earnings were $5366. Because Bur- ton's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $ 121 to the Pension and Train- ing Fund and $121 to the Health and Welfare Fund. Burton's gross backpay for the first quarter of 1976 is $2750. His interim earnings were $3409. Because Bur- ton's interim earnings exceed the gross backpay , he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter less hours credited is $119 to the Pension and Training Fund and $119 to the Health and Welfare Fund. Burton's gross backpay for the second quarter of 1976 is $3096. His interim earnings less expenses of $80 were $2692. His net backpay is $404. The amount of contribu- tions to be credited to the trust funds on Burton's behalf for this quarter is $ 132 to the Pension and Training Fund and $132 to the Health and Welfare Fund. Burton's gross backpay for the third quarter of 1976 is $3055.H[is interim earnings were $3666. Because Bur- ton's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $129 to the Pension and Train- ing Fund and $129 to the Health and Welfare Fund. Burton's gross backpay for the fourth quarter of 1976 is $3354. His interim earnings were $4509 . Because Bur- ton's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $131 to the Pension and Train- ing fund and $131 to the Health and Welfare Fund. Burton's gross backpay for the first quarter of 1977 is $3330. His interim earnings were $2608. His net backpay is $722. The amount of contributions to be credited to the trust funds on Burton's behalf for this quarter is $130 to the Pension and Training Fund and $ 130 to the Health and Welfare Fund. Burton's gross backpay for the second quarter of 1977 is $3306. His interim earnings were $4784. Because Bur- ton's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter less hours credited is $112 to the Pension and Training Fund and $11 2 to the Health and Welfare Fund. Burton's gross backpay for the third quarter of 1977 is $2535 . His interim earnings were $3985 . Because Bur- ton's interim earnings exceed his gross backpay , he is not owed any backpay for this quarter . The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Burton's gross backpay for the fourth quarter of 1977 is $2542. His interim earnings were $4473 . Because Bur- ton's interim earnings exceed his gross backpay, he is not owed any backpay for this quarter . The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Burton's gross backpay for the first quarter of 1978 is $2601. His interim earnings were $4024 . Because Bur- ton's interim earnings exceed his gross backpay, he is not owed any backpay for this quarter . The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Burton's gross backpay for the second quarter of 1978 is $3578. His interim earnings were $4504 . Because Bur- ton's interim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $121 to the Pension and Train- ing Fund and $209 to the Health and Welfare Fund. Burton's gross backpay for the third quarter of 1978 is $3546. His interim earnings were $4293 . Because Bur- ton's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $121 to the Pension and Train- ing Fund and $218 to the Health and Welfare Fund. Burton's gross backpay for the fourth quarter of 1978 is $1294. His interim earnings were $2192. Because Bur- ton's interim earnings exceed his gross backpay, he is not owed any backpay for this quarter . The amount of con- tributions to be credited to the trust funds on Burton's behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total amount of backpay owed , to Burton is $1635 and the amount of contributions owed on Burton 's behalf to the Pension and Training Fund is $ 1553 and to the Health and Welfare Fund is $1991 for a total owed to the trust funds of $3544 and for a combined total of $5179. 6. Lawrence Courvillion Jr. The backpay period of Lawrence Courvillion Jr., a journeyman, extends from 3 June 1976 to 29 October 1978. Courvillion died on 30 March 1979. He is survived by his wife Carol Courvillion whom he was living with at the time of his discharge from the Respondent. The admitted earnings of Courvillion reflect that, fol- lowing his discharge, he worked for various employers including Payne & Keller of Louisiana, Inc.; Big Tiger Boat Sales & Service, Inc.; and Martin Marietta Corp. Courvillion worked during each quarter of the backpay period except for the second and fourth quarters of 1976. Following his discharge Carol Courvillion accompa- nied her husband when he went to apply for two jobs. 632 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Certain travel expenses relating to his interim employ- ment were claimed for Courvillion. During the third quarter of 1976, he traveled from his home to Baton Rouge, Louisiana, on one occasion seeking employment. The round trip to Baton Rouge was 160 miles. His wife claimed the distance she measured from her home to the Respondent was 9 4 miles for a total round trip of about 19 miles This difference of 141 miles at 10 cents a mile resulted in about $14 in expenses. Courvillion also worked during various quarters at Martin Marietta Corp.1 ° (Martin). The distance from his home to Martin as measured by his wife was 21.7 miles one way or about 43 miles round trip. This was 24 miles further roundtrip than the distance from his home to the Respondent. According to Carol Courvillion her hus- band worked at Martin 6 days a week for about I month and then he started working 5 days a week. These addi- tional mileage costs to Courvillion at 10 cents a mile were about $48 for the first month. For the remaining 7 weeks claimed, the additional mileage costs to Courvil- lion at 10 cents a mile for 5 days a week were about $84. The total travel expenses for the second quarter of 1977 were $132. The additional travel expenses for the remain- ing quarters Courvillion worked at Martin were $156 for the second quarter of 1978; and $48 for the fourth quar- ter of 1978. Although Carol Courvillion acknowledged her hus- band during the backpay period had the flu a couple of times, it was not established how many, if any, days he was unavailable for work. There is no showing as alleged in Respondent's answer that Courvillion engaged in a willful loss of earnings or was unavailable for employment during the backpay period. Courvillion's gross backpay for the second quarter of 1976 is $864 His interim earnings were none. His net backpay is $864 The amount of contributions to be cred- ited to the trust fund on Courvillion's behalf for this quarter is $41 to the Pension and Training Fund and $41 to the Health and Welfare Fund. Courvillion's gross backpay for the third quarter of 1976 is $3055. His interim earnings less $14 for travel ex- penses were $33. His net backpay is $3022. The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $129 to the Pen- sion and Training Fund and $129 to the Health and Wel- fare Fund. Courvillion's gross backpay for the fourth quarter of 1976 is $3354. His interim earnings were none. His net backpay is $3354 The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $131 to the Pension and Training Fund and $131 to the Health and Welfare Fund. Courvillion's gross backpay for the first quarter of 1977 is $3330. His interim earnings were $521. His net backpay is $2809. The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. 10 The date he started work there was not established Courvillion's gross backpay for the second quarter of 1977 is $3306. His interim earnings less $132 for travel expenses were $2351 His net backpay is $955 The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $121 to the Pension and Training Fund and $121 to the Health and Welfare Fund. Courvillion's gross backpay for the third quarter of 1977 is $2535 His interim earnings were $2981. Because Courvillion's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Courvillion's gross backpay for the fourth quarter of 1977 is $2542 His interim earnings were $2826 Because Courvillion's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Courvillion's gross backpay for the first quarter of 1978 is $2601. His interim earnings were $2917 Because Courvillion's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund Courvillion's gross backpay for the second quarter of 1978 is $3578 His interim earnings less $156 for travel expenses were $2871. His net backpay is $707. The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Courvillion's gross backpay for the third quarter of 1978 is $3546. His interim earnings were $4112. Because Courvillion's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $121 to the Pen- sion and Training Fund and $218 to the Health and Wel- fare Fund. Courvillion's gross backriay for the fourth quarter of 1978 is $1296 His interim earnings less $48 for travel ex- penses were $1237 His net backpay is $59 The amount of contributions to be credited to the trust funds on Courvillion's behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total amount of backpay owed to Courvillion is $11,773 and the amount of contributions owed on Cour- villion's behalf to the Pension and Training Fund is $1124 and to the Health and Welfare Fund is $1562 for a total owed to the trust funds of $2686 and for a com- bined total of $14,459 BOLAND MARINE & MFG. CO. 7. Paul Crane The backpay period of Paul Crane, a journeyman, ex- tends from 17 February 1976 to 29 October 1978. Crane did not testify at the hearing and was listed as a missing claimant . His interim earnings and expenses, if any, during the backpay period are unknown. The Respondent in its answer contends Crane's back- pay period was tolled when he left the local labor market at an unknown date and that he engaged in a willful loss of earnings or was unavailable for employ- ment during the backpay period. Although no evidence was presented at the hearing to substantiate these de- fenses, the Respondent was precluded from examining Crane about them because of his absence. Crane's tentative gross backpay for the first quarter of 1976 is $1399. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $58 to the Pension and Training Fund and $58 to the Health and Welfare Fund. Crane's tentative gross backpay for the second quarter of 1976 is $3096. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $132 to the Pension and Training Fund and $132 to the Health and Welfare Fund. Crane's tentative gross backpay for the third quarter of 1976 is $3055. His interim earnings-and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is, $129 to the Pension and Training Fund and $129 to the Health and Welfare Fund. Crane's tentative gross backpay for the fourth quarter of 1976 is $3354. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $131 to the Pension and 'Training Fund and $131 to the Health and Welfare Fund. Crane's tentative gross backpay for the first quarter of 1977 is $3330. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. Crane's tentative gross backpay for the second quarter of 1977 is $3306. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $121 to the Pension and Training Fund and $121 to the Health and Welfare Fund. Crane's tentative gross backpay for the third quarter of 1977 is $2535 . His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Crane's tentative gross backpay for the fourth quarter of 1977 is $2'542. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. 633 Crane's tentative gross backpay for the first quarter of 1978 is $2601. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Crane's tentative gross backpay for the second quarter of 1978 is $3578. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Crane's tentative gross backpay for the third quarter of 1978 is $3546. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $121 to the Pension and Training Fund and $218 to the Health and Welfare Fund. Crane's tentative gross backpay for the fourth quarter of 1978 is $1294. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Crane's behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total tentative amount of gross backpay owed to Crane is $33,636 and the tentative amount of contribu- tions owed on Crane's behalf to the Pension and Train- ing Fund is $1273 and to the Health and Welfare Fund is $1711 for a gross tentative total owed to the trust funds of $2984 and for a tentative combined gross total of $36,620. 8. Dean Ellis The backpay period of Dean Ellis, a journeyman, ex- tends from 27 January 1976 to 29 October 1978. The admitted earnings of Ellis reflect that, following his discharge, he worked for several employers including Litton Systems, Inc. (Litton);" I Buck Kreihs Co., Inc.; and Complete Home Remodeling. With the exception of the first quarter of 1976 Ellis worked in each quarter of the backpay period. According to Ellis in October 1976 the Union sent him to the Respondent to take a welding test. Although he completed the test and was told by the Respondent he was going to be called, he never was called or offered a job. Ellis did receive $27 in earnings from the Respondent for taking the test. Following his discharge Ellis sought work through the union hall the next day. Other places besides the Union Ellis looked for work during the backpay period includ- ed Manpower; Kaiser Aluminum; Werleins; United China; Touro Hospital; and Bergeron as well as the places for which he worked. The first job Ellis worked on following his, discharge was at Litton beginning 27 April 1976. Ellis admittedly quit his job at Litton, on 18 October 1976. There he worked a 40-hour week and was earning $4.49 an hour when he quit. Ellis at the hearing gave as his reason for quitting his job at Litton was to return to school at Delgado to study to become an architect. 11 This was also known as Ingalls Shipbuilding. 634 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD However, he did not attend because the classes were full until the fall. According to Ellis he drew unemployment. Although he stated he sought work through the Union and other places, i 2 he did not obtain his next job until the end of 1976 when he began work for Buck Kreihs Co., Inc. He worked there until he was laid off work about 9 October 1978 because work was slack. Because Ellis admittedly quit his job at Litton for per- sonal reasons and his testimony about where he then sought work is conflicting, I find he is not entitled to backpay between the time he quit that job on 18 October 1976 and his employment at Buck Kreihs Co., Inc. the end of 1976. Among the defenses raised by the Respondent in its answer for denying Ellis backpay were Ellis voluntarily quit interim employment to return to school and he en- gaged in a willful loss of earnings or was unavailable for employment during the backpay period. Having treated with the defense about Ellis quitting his job, these other defenses raised by the Respondent are not substantiated and are rejected. Ellis' gross backpay for the first quarter of 1976 is $1968. His interim earnings were none . His net backpay is $1968. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter is $83 to the Pension and Training Fund and $83 to the Health and Welfare Fund. Ellis' gross backpay for the second quarter of 1976 is $3096. His interim earnings were $1064. His net backpay is $2032. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter is $132 to the Pension and Training Fund and $132 to the Health and Welfare Fund. Ellis' gross backpay for the third quarter of 1976 is $3055. His interim earnings were $2142 His net backpay is $913 The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter is $129 to the Pension and Training Fund and $129 to the Health and Welfare Fund. Ellis' gross backpay for the fourth quarter of 1976 is $672. His interim earnings were $710 . Because Ellis' in- terim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The amount of contribu- tions to be credited to the trust funds on Ellis' behalf for this quarter is $26 to the Pension and Training Fund and $26 to the Health and Welfare Fund. Ellis' gross backpay for the first quarter of 1977 is $3330. His interim earnings were $2684. His net backpay is $646. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited for this quarter, is $25 to the Pension and Train- ing Fund and $25 to the Health and Welfare Fund. Ellis' gross backpay for the second quarter of 1977 is $3306. His interim earnings were $3616. Because Ellis' interim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited, is $26 to the 12 Ellis gave conflicting testimony about where he worked or sought work after leaving Litton Pension and Training Fund and $26 to the Health and Welfare Fund Ellis' gross 6ackpay for the third quarter of 1977 is $2535. His interim earnings were $1870. His net backpay is $665. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited, is $79 to the Pension and Training Fund and, $148 to the Health and Welfare Fund Ellis' gross backpay for the fourth quarter of 1977 is $2542. His interim earnings were $930. His net backpay is $1612. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited, is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Ellis' gross backpay for the first quarter of 1978 is $2601. His interim earnings were $ 1717. His net backpay is $884. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited, is $49 to the Pension and Training Fund and $95 to the Health and Welfare Fund. Ellis' gross backpay for the second quarter of 1978 is $3578. His interim earnings were $2978. His net backpay is $600. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited, is $32 to the Pension and Training Fund and $30 to the Health and Welfare Fund. Ellis' gross backpay for the third quarter of 1978 is $3576. His interim earnings were $2653. His net backpay is $923. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited, is $34 to the Pension and Training Fund and $44 to the Health and Welfare Fund. Ellis' gross backpay for the fourth quarter of 1978 is $844. His interim earnings were $ 181. His net backpay is $663. The amount of contributions to be credited to the trust funds on Ellis' behalf for this quarter, less hours credited, is $37 to the Pension and Training Fund and $67 to the Health and Welfare Fund. The total amount of backpay owed to Ellis is $10,906 and the amount of contributions owed on Ellis' behalf to the Pension and Training Fund is $748 and to the Health and Welfare Fund is $965 for a total owed to the trust funds of $1713 and for a combined total of $12,619. 9. Merland Farria The backpay period of Merland Farria, a journeyman, extends from 20 March 1976 to 23 June 1976 The admitted earnings of Farria reflect that between his discharge and his reinstatement by the Respondent he worked for Dixie Machine Welding & Metal Works (Dixie) in the first quarter of 1976 and for Buck Kreihs Co., Inc. (Kreihs) in the second quarter of 1976 His earnings at Dixie were $249 and at Kreihs were $273. Following his discharge Farria sought work through the Union and was referred to Dixie about 23 March 1976. This job only lasted a week, whereon Farria again sought work through the Union. Unable to obtain work there, Farria went to Seattle, Washington, after being told the shipyards there were usually hiring employees. Although Farria applied for welding work in Seattle at two different shipyards, a local union and the Urban BOLAND MARINE & MFG CO. League, he was unable to obtain work. He then returned to New Orleans about a month later and sought con- struction work through the Hod Carriers Local 153. Be- sides working for Kreihs about June, Farria was later sent by the Union to the Respondent where he was re- hired. The evidence fails to show Farria either engaged in a willful loss of earnings or was unavailable for employ- ment during the backpay period as Respondent asserts in its answer. Farria's gross backpay for the first quarter of 1976 is $346. His interim earnings were $249. His net backpay is $97. The amount of contributions to be credited to the trust funds on Farria's behalf for this quarter is $15 to the Pension and Training Fund and $ 15 to the Health and Welfare Fund. Farria's gross backpay for the second quarter of 1976 is $2886. His interim earnings were $273. His net back- pay is $2613. The amount of contributions to be credited to the trust funds on Farria 's behalf for this quarter is $123 to the Pension and Training Fund and $123 to the Health and Welfare Fund. The total amount of backpay owed to Farria is $2710 and the amount of contributions owed on Farria's behalf to the Pension and Training Fund is $138 and to the Health and Welfare Fund is $138, for a total owed to the trust funds of $276 and for a combined total of $2986. 10. Clark Gristina The backpay period of Clark Gristina, a journeyman, extends from 22 July 1975 to 12 September 1975.13 Following his discharge by the Respondent on 21 July 1975, Gristina filed a grievance through the Union over his discharge. A meeting attended by representatives of both the Union and the Respondent and Gristina was held on 12 September 1975 concerning Gristina's griev- ance. The grievance was resolved by Gristina being of- fered his job back along with 3 days' backpay, and the discharge was removed from his file. Gristina, although acknowledging at the hearing he was offered his job back and was told to report back to the yard, first stated at the time of the grievance meeting he was employed at Buck Kreihs Co., Inc. (Kreihs) and he told them he was employed there and did not want to leave Kreihs in the middle of a job. He said he told them he would return in a couple of weeks at the end of the job at Kreihs. However, Gristina said when he attempted to return to work 2 or 3 weeks later, General Foreman B:iner Ferro Sr. said he did not have any work for him at the time. General Foreman Ferro, although acknowledging on one occasion Gristina asked about work when they were not hiring, denied recalling Gristina asking him for work between a few weeks and 1-1/2 months after his dis- charge and his telling Gristina they did not have any work. On being asked about records showing his employ- ment at Kreihs was from 29 July 1975 to 28 August 1975 13 The General Counsel contends the backpay period ends on 4 Janu- ary 1976, although the Respondent asserts in its answer it ends on 12 Sep- tember 1975 635 which was prior to the grievance meeting, Gristina ac- knowledged those dates sounded correct. Gristina then contended at the time of the grievance meeting he may have been employed by Dixie -Machine Welding & Metal Works, Inc. (Dixie) rather than Kreihs. After, being shown his employment application , which he signed at Dixie, showed he began work there on 16 September 1975, which he actually did, Gristina acknowledged it was possible he was not employed at the time of the grievance hearing and it could have been anywhere from 2 weeks to 3 or 4 months after the grievance meeting that he attempted to return to work at the Respondent. Because Gristina was offered reinstatement to his job by the Respondent on 12 September 1975, but did not return to work, and because of his contradictory testimo- ny gave no credible reasons for not doing so, I find his backpay period was tolled as of 12 September 1975. The admitted earnings of Gristina reflect that, follow- ing his discharge, he worked for both Kreihs and Dixie during the third quarter of 1975. Besides these jobs, Gris- tina sought work through the Union beginning the day after his discharge. Gristina's gross backpay for the third quarter of 1975 is $1545 . His interim earnings were $1390. His net back- pay is $155. The amount of contributions to be credited to the trust funds on Gristina's behalf for this quarter, less hours credited, is $11 to the Pension and Training Fund and $11 to the Health and Welfare Fund. The total amount of backpay owed to Gristina is $155 and the amount of contributions owed on Gristina's behalf to the Pension and Training Fund is $11 and,to the Health and Welfare Fund is $11, for a total owed to the trust funds of $22 and for a combined total of $177. 11. Moses Lovely The backpay period of Moses Lovely, a journeyman, extends from 14 July 1976 to 29 October 1978.14 Lovely did not testify at the hearing and was listed as a missing witness. His interim earnings and expenses, if any, during the backpay period are unknown. The Respondent, in its answer, contends Lovely's backpay period was tolled when he left the local labor market at an unknown date and that he engaged in a willful loss of earnings or was unavailable for employ- ment during the backpay period . With the exception of a period from 17 February 1977 to 3 March 1977 as previ- ously found by Judge Jalette, no evidence was presented at the hearing to substantiate these defenses. However, the Respondent was precluded from examining Lovely about them because of his absence. Lovely's tentative gross backpay for the third quarter of 1977 is- $2535. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Lovely's behalf for this quarter is $99 to the Pension and Training Fund and $ 164 to the Health and Welfare Fund. 14 The gross amount of backpay owed to Lovely and to the fringe benefit funds on Lovely's behalf already computed by Judge Jalette up to the beginning of the third quarter of 1977 will be added to the amounts found for the remaining quarters of the backpay period 636 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Lovely's tentative gross backpay for the fourth quarter of 1977 is $2542. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Lovely's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Lovely's tentative gross backpay for the first quarter of 1978 is $2601. His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Lovely's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Lovely's tentative gross backpay for the second quar- ter of 1978 is $3578. His interim earnings and net back- pay are unknown The tentative amount of contributions to be credited to the trust funds on Lovely's behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Lovely's tentative gross backpay for the third quarter of 1978 is $3546 His interim earnings and net backpay are unknown. The tentative amount of contributions to be credited to the trust funds on Lovely's behalf for this quarter is $121 to the Pension and Training Fund and $218 to the Health and Welfare Fund. Lovely's tentative gross backpay for the fourth quarter of 1978 is $1294 His interim earnings and net backpay are unknown The tentative amount of contributions to be credited to the trust funds on Lovely's behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total amount including the amounts found by Judge Jalette' 5 up until the end of the second quarter of 1977 of gross backpay tentatively owed to Lovely is $28,056 and the tentative amount of contributions owed on Lovely's behalf to the Pension and Training Fund is $1043 and to the Health and Welfare Fund is $1481 for a tentative total owed to the trust funds of $2524 and for a tentative combined total of $30,580. 12 Paul Mire The backpay period of Paul Mire, a helper, extends from 8 December 1975 to 16 January 1976. The admitted earnings of Mire reflect that following his discharge he worked for St Tammany Trenching & General Services Corp during the last quarter of 1975. Mire did not testify However, it was not shown that he had been called as a witness. No evidence was proffered to support the defenses raised in Respondent 's answer that Mire engaged in a willful loss of earnings or was unavailable for employ- ment during the backpay period. Accordingly, such de- fense is rejected Mire's gross backpay for the fourth quarter of 1975 is $507. His interim earnings were $217. His net backpay is $290. The amount of contributions to be credited to the trust funds on Mire's behalf for this quarter is $31 to the Pension and Training Fund and $31 to the Health and Welfare Fund 15 The quarterly totals of backpay and contributions as found by Judge Jalette for Moses Lovely are contained in the Board 's Supplemental De- cision and Order Remanding Mire's gross backpay for the first quarter of 1976 is $355. His interim earnings were none. His net backpay is $355. The amount of contributions to be credited to the trust funds on Mire's behalf for this quarter is $19 to the Pension and Training Fund and $19 to the Health and Welfare Fund The total amount of backpay owed to Mire is $645 and the amount of contributions owed on Mire's behalf to the Pension and Training Fund is $50 and to the Health and Welfare Fund is $50 for a total owed to the trust funds of $100 and for a combined total of $745 13 Randy Moore The backpay period of Randy Moore, a journeyman, extends from 5 May 1976 to 29 October 1978. The admitted earnings of Moore reflect that following his discharge he worked for various employers during each quarter of the backpay period including Martin Marietta Corp, Majestic Metal Fabricating Co.; M N Metal Products Corporation; Jered Industries Inc ; Thomas W. Gosset Hamlet Metal Work Co ; McGregor Manufacturing, Weld Nation; Action Welding; Triskil- lion; and he was also self-employed. The first job Moore obtained after his discharge after looking for work and filing a grievance over his dis- charge was at Martin Marietta Corp. (Martin). This facil- ity was located about 30 miles from his home, whereas the Respondent was located a distance of only about 15 miles one way from his home This resulted in his having to drive to work an additional 150 miles a week. Moore began work there about 2 weeks after his discharge from the Respondent and he worked there about 3 months. The travel expenses claimed for Moore on the basis of 10 cents a mile while working at Martin were $27 for that second quarter of 1976 and $147 for the third quarter of 1976 These claimed expenses are supported by Moore's undisputed testimony , and I find they are valid expenses to be claimed About 22 August 1976 Moore took a 30-day leave of absence from his job at Martin where he was earning $5.55 an hour and a few days later went to Claussen, Michigan, where he was originally from. His primary reason for going there was to straighten out some per- sonal problems relating to his divorce and an additional reason was to earn more money because of the pay cut he took when he was fired by the Respondent. Unable to resolve his personal problems during his leave of absence, Moore notified Martin to terminate him because he would not be able to return when his leave was up. Moore was then terminated by Martin on 20 September 1976 Moore acknowledged he did not look for work in Michigan until about the time his 30-day leave of ab- sence was up or shortly afterwards. He then began look- ing for work and the first job he found was at Majestic Metal Fabricating Co in Warren, Michigan Moore then held a number of jobs, which jobs he quit after finding jobs closer to his home or paying more money. He also held other jobs from which he was laid off work. Moore denied at the time he went to Michigan he had no intention of returning to the Respondent. BOLAND MARINE & MFG. CO. 637 Because Moore admittedly quit his job at Martin and removed himself from the labor market for about 30 days; I find he is not entitled to claim backpay for that 30-day period during the second quarter of 1976. Except for this period, no evidence was proffered to support Re- spondent's defense raised in its answer that Moore was unavailable for employment or to show that he engaged in a willful loss of earnings. The contention raised by Re- spondent at the hearing that Moore's backpay period should be tolled about 22 August 1976 when he quit his job at Martin on the grounds he left the area for personal reasons and thereby decreased his opportunity for em- ployment lacks merit and is rejected. Moore's gross backpay for the second quarter of 1976 is $1922. His interim earnings less travel expenses were $1377. His net backpay is $545 . The amount of contribu- tions to be credited to the trust funds on Moore's behalf for this quarter is $76 to the Pension and Training Fund and $76 to the Health and Welfare Fund. Moore's gross backpay for the third quarter of 1976 is $2037. His interim earnings less travel expenses were $1839. His net backpay is $198 . The amount of contribu- tions to be credited to the trust funds on Moore's behalf for this quarter is $76 to the Pension and Training Fund and $76 to the Health and Welfare Fund. Moore's gross backpay for the fourth quarter of 1976 is $3354. His interim earnings were $207. His net back- pay is $3147. The amount of contributions to be credited to the trust funds on Moore's behalf for this quarter is $131 to the Pension and Training Fund and $131 to the Health and Welfare Fund. Moore's gross backpay for the first quarter of 1977 is $3330. His interim earnings were $ 1993. His net backpay is $1337. The amount of contributions to be credited to the trust funds on Moore 's behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. Moore's gross backpay for the second quarter of 1977 is $3306. His interim earnings were $2727. His net back- pay is $579. The amount of contributions to be credited to the trust funds on Moore's behalf for this quarter is $121 to the Pension and Training Fund and $ 121 to the Health and Welfare Fund. Moore's gross backpay for the third quarter of 1977 is $2535 . His interim earnings were $2432 . His net backpay is $103. The amount of contributions to be credited to the trust funds on Moore 's behalf for this quarter is $99 to the Pension and Training fund and $164 to the Health and Welfare Fund. Moore's gross backpay for the fourth quarter of 1977 is $2542. His interim earnings were $2126. His net back- pay is $416. The amount of contributions to be credited to the trust funds on Moore 's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Moore's gross backpay for the first quarter of 1978 is $2601 . His interim earnings were $2225 . His net backpay is $376. The amount of contributions to be credited to the trust funds on Moore's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Moore's gross backpay for the second quarter of 1978 is $3578. His interim earnings were $788. His net back- pay is $2790. The amount of contributions to be credited to the trust funds on Moore's behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Moore's gross backpay for the third quarter of 1978 is $3546. His interim earnings were $2486. His net backpay is $1060. The amount of contributions to be credited to the trust funds on Moore's behalf for this quarter is $121 to the Pension and Training Fund and $218 to the Health and Welfare Fund. Moore's gross backpay for the fourth quarter of 1978 is $1294. His interim earnings were $712. His net back- pay is $582. The amount of contributions to be credited to the trust funds on Moore's behalf for this quarter is $46 to the Pension and Training fund and $84 to the Health and Welfare Fund. The total amount of backpay owed to Moore is $11,133 and the amount of contributions owed on Moore's behalf to the Pension and Training Fund is $1106 and to the Health and Welfare' Fund is $1544 for a total owed to the trust funds of $2650 and for a com- bined total of $13,783. 14. Michael Purdy The backpay period of Michael Purdy, a journeyman, extends from 14 May 1976 to 29 October 1978. The admitted earnings of Purdy reflect that following his discharge he worked for various employers including Union Boiler Repair Fabrication & Erection Co. Inc. (Union Boiler); Babcock & Wilcox Co.; National Steel Erectors Corporation; Stearns-Roger, Inc.; Foster Wheeler Energy Corp.; M&M Sundt; Jessco; Combus- tion Engineering; and Western Van Dyke. Purdy had earnings in each quarter of the backpay period except the quarter in which he was discharged. After his discharge Purdy unsuccessfully sought work in the New Orleans, Louisiana area. He registered for work at the Union, put in applications at Tenneco and the Shell Refinery, and looked at other places in New Orleans. When the Union informed Purdy several weeks later work there was slow and it would probably be awhile before he could obtain work as a boilermaker, Purdy, at the suggestion of his brother who worked in Glenrock, Wyoming, contacted the union referral halls in Phoenix, Arizona, and Denver, Colorado. The Denver local union informed him to come on, whereon Purdy went from his home in New Orleans, Louisiana, to Glenrock; Wyoming, where he worked for Union Boilers. The distance between Purdy's home in New Orleans, Louisiana, and Glenrock, Wyoming, was 1400 miles. Purdy worked for Union Boiler from the middle of July 1976 until he was laid off work in No- vember 1976. The travel expenses incurred by Purdy for his travel to Glenrock to work based on a rate of 10 cents a mile were $140. I find these were valid travel ex- penses claimed by Purdy for the third quarter of 1976. The only other travel expenses claimed by Purdy were from Farmington, New Mexico, to Morezsi, Arizona, 638 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD which was a roundtrip distance of about 700 miles. Purdy, who lived in Farmington and had been working there for Foster Wheeler Energy Corp., went to work for Western Van Dyke in Morezsi where he worked for 2 days and then returned home to Farmington. Purdy in- curred travel expenses of $70 for this trip which oc- curred in the third quarter of 1978. I find this is a valid travel expense that Purdy is entitled to claim. Purdy was also registered for work with the union local in Phoenix, Arizona, through which he obtained some of the jobs he held. Purdy was discharged from three of his jobs, including twice for missing work and once for leaving his work area without permission. One of these discharges oc- curred when the road was closed due to snow and the circumstances surrounding the other two occasions were not established. Purdy left other jobs he worked on to obtain higher paying jobs or because he was laid off due to reductions in force. Purdy acknowledged in July or August 1976 he was ill and unable to work for 2 weeks on instructions from his doctor. Accordingly, in computing Purdy's backpay and contributions to the trust funds, these 2 weeks will be de- ducted from the third quarter of 1976 because Purdy was unavailable for work. Except for the 2-week period Purdy was unavailable for work as found, there is no evidence to support Re- spondent's defense raised in its answer that Purdy either engaged in ,a willful loss of earnings or was unavailable for employment. Purdy's gross backpay for the second quarter of 1976 is $1616. His interim earnings were none. His net back- pay is $1616. The amount of contributions to be credited to the trust funds on Purdy's behalf for this quarter is $39 to the Pension and Training Fund and $39 to the Health and Welfare Fund. Purdy's gross backpay for the third quarter of 1976 is $2594. His interim earnings, less travel expenses, were $2892. Because Purdy's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of contributions to be credited,to the trust funds on Purdy's behalf for this quarter is $107 to the Pension and Training Fund and $107 to the Health and Welfare Fund. Purdy's gross backpay for the fourth quarter of 1976 is $3354. His interim earnings were $3059. His net backpay is $295. The amount of contributions to be credited to the trust funds on Purdy's backpay for this quarter is $131 to the Pension and Training Fund and $131 to the Health and Welfare Fund. Purdy's gross backpay for the first quarter of 1977 is $3330. His interim earnings were $3327. His net backpay is $3. The amount of contributions to be credited to the trust funds on Purdy's behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. Purdy's gross backpay for the second quarter of 1977 is $3306. His interim earnings were $3412. Because Purdy's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of contributions to be credited to the trust funds on Purdy's 1976, rather than on 29 February 1976 as found by Judge Jalette. behalf for this quarter is $121 to the Pension and Train- ing Fund and $121 to the Health and Welfare Fund. Purdy's gross backpay for the third quarter of 1977 is $2535. His interim earnings were $3691. Because Purdy's interim earnings exceed the gross backpay, Purdy is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Purdy's behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Purdy's gross backpay for the fourth quarter of 1977 is $2542. His interim earnings were $5820. Because Purdy's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Purdy's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Purdy's gross backpay for the first quarter of 1978 is $2601. His interim earnings were $7000. Because Purdy's interim earnings exceed the gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Purdy's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Purdy's gross backpay for the second quarter of 1978 is $3578. His interim earnings were $6225. Because Purdy's interim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The amount of contributions to be credited to the trust funds on Purdy's behalf for this quarter is $121 to the Pension and Train- ing Fund and $209 to the Health and Welfare Fund. Purdy's gross backpay for the third quarter of 1978 is $3546. His interim earnings less travel expenses were $1405. His net backpay is $2141. The amount of contri- butions to be credited to the trust funds on Purdy's behalf for this quarter is $121 to the Pension and Train- ing Fund and $218 to the Health and Welfare Fund. Purdy's gross backpay for the fourth quarter of 1978 is $1294. His interim earnings were $2500. Because Purdy's interim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Purdy's behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total amount of backpay owed to Purdy is $4055 and the amount of contributions owed on Purdy's behalf to the Pension and Training Fund is $1100 and to the Health and Welfare Fund is $1538 for a total owed to the trust funds of $2638 and for a combined total of $6693. 15. Christopher Scamardo The backpay period of Christopher Scamardo, a jour- neyman, extends from 17 January 1976 to 27 July 1976.16 The admitted earnings of Scamardo reflect that, fol- lowing his discharge, he worked for Dixie Machine Welding & Metal Works, Inc. (Dixie) and Delta Field Erection Inc. (Delta) the first and second quarters of 'S The Board found Scamardo was not validly reinstated until 27 July BOLAND MARINE & MFG. CO. 639 1976. The findings by Judge Jalette established that during the first quarter of 1976 Scamardo also worked for the Respondent, during which he earned $982. Scamardo began work for Delta immediately after his discharge. The roundtrip distance estimated by Sca- mardo from his home to the Respondent was 28 miles and from his home to Delta was 80 miles. This resulted in Scamardo commuting an additional 52 miles a day while working at Delta. According to Scamardo, the first quarter of 1976 he worked for Delta for 19 straight nights before being terminated, and, in the second quar- ter of 1976, he was rehired and worked for Delta 7 nights. Following his termination at Delta when he initially worked there, Scamardo worked for Dixie, which he es- timated was a roundtrip distance of 44 miles from his home. This resulted in Scamardo commuting an addition- al 16 miles a day while working at Dixie. During the first quarter of 1976, Scamardo worked for Dixie 5 days and in the second quarter of 1976 he was rehired by Dixie and worked 16 days. Based on Scamardo's undisputed testimony and at the rate of' 10 cents a mile, I find Scamardo was entitled to travel expenses incurred while working at Delta and Dixie in the amounts of $107 for the first quarter of 1976 and of $62 for the second quarter of 1976. The evidence fails to establish Scamardo either en- gaged in a willful loss of earnings or was unavailable for employment as the Respondent asserts in its answer. Scamardo's gross backpay for the first quarter of 1976 is $2338. His interim earnings less travel expenses were $4409. Because Scamardo's interim earnings exceed the gross backpay, he is not owed any backpay for this quar- ter. The amount of contributions to be credited to the trust funds on Scamardo's behalf for this quarter, less hours credited, is $85 to the Pension and Training Fund and $85 to the Health and Welfare Fund. Scamardo's gross backpay Por the second quarter of 1976 is $3096. His interim earnings less travel expenses were $2106. His net backpay is $990. The amount of con- tributions to be credited to the trust funds on Scamardo's behalf for this quarter, less hours credited, is $98 to the Pension and Training Fund and $98 to the Health and Welfare Fund. Scamardo's gross backpay for the third quarter of 1976 is $917. His interim earnings were none. His net backpay is $917. The amount of contributions to be credited to the trust funds on Scamardo's behalf for this quarter is $39 to the Pension and Training Fund and $39 to the Health and Welfare Fund. The total amount of backpay owed to Scamardo is $1907 and the amount of contributions owed on Scamar- do's behalf to the Pension and Training Fund is $222 and to the Health and Welfare Fund is $222 for a total owed to the trust funds of $444 and for a combined total of $2351. 16. William Todd Jr. The backpay period of William Todd Jr., a journey- man, extends from 7 April 1976 to 29 October 1978. The Respondent asserted as defenses in its answer that Todd's backpay liability was tolled when he left the local labor markets at an unknown date; received interim earnings that were presently unknown to the Respond- ent; and engaged in a willful loss of earnings or was un- available for employment during the backpay period. Although certain interim earnings of Todd were ad- mitted in the pleadings, Todd did not appear to testify, although the Respondent had issued a subpoena for him along with a check for $50 sent to the address in Pica- yune, Mississippi, which had been furnished to the Re- spondent by the Board's Regional Office. This failure of Todd to appear and testify precluded the Respondent from examining Todd about its defenses. Accordingly, Todd shall be treated as a missing witness. The admitted earnings of Todd reflect that, following his discharge, he worked for various employers including Swinger Vans, Inc.; Brown & Root; Boh Brothers; Becker & Associates; Lenard Hebert; Lake Catherine Construction; Southern Shipbuilding; Comet Construc- tion; Sun Belt Construction;, Chrysler Corporation; and other various unknown employers. With the exception of the fourth quarter of 1978, Todd worked in each of the quarters in the backpay period. Todd's tentative gross backpay for the second quarter of 1976 is $2906. His admitted interim earnings were $1620. His tentative net backpay is $1286. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $122 to the Pension and Training Fund and $122 to the Health and Welfare Fund. Todd's tentative gross backpay for the gird quarter of 1976 is $3055. His admitted interim earnings were $2340. His tentative net backpay is $715. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $129 to the Pension and Training Fund and $129 to the Health and Welfare Fund. Todd's tentative gross backpay for the fourth quarter of 1976 is $3354. His admitted interim earnings were $1620. His tentative net backpay is $1734. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $131 to the -Pension and Training Fund and $131 to the Health and Welfare Fund. Todd's tentative gross backpay for the first quarter of 1977 is $3330. His admitted interim earnings were $3275. His tentative net backpay is $55. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $130 to the Pension and Train- ing Fund and $130 to the Health and Welfare Fund. Todd's tentative gross backpay for the second quarter of 1977 is $3306. His admitted interim earnings were $3900. Because Todd's admitted interim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quar- ter is $121 to the Pension and Training Fund and $121 to the Health and Welfare Fund. Todd's tentative gross backpay for the third quarter of 1977 is $2535. His admitted interim earnings were $3000. Because Todd's admitted interim earnings exceed his gross backpay, he is not owed any backpay for this quar- 640 DECISIONS'OF THE NATIONAL LABOR RELATIONS BOARD ter. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Todd's tentative gross backpay for the fourth quarter of 1977 is $2542. His admitted interim earnings were $1650. His tentative net backpay is $892. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Todd's tentative gross backpay for the first quarter of 1978 is $2601. His admitted interim earnings were $1997. His tentative net backpay is $604. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Todd's tentative gross backpay for the second quarter of 1978 is $3578. His admitted interim earnings were $3500. His tentative net backpay is $78. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Todd's tentative gross backpay for the third quarter of 1978 is $3546. His admitted interim earnings were $2094. His tentative net backpay is $1452. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $121 to the Pension and Training Fund and $218 to the Health and Welfare Fund. Todd's tentative gross backpay for the fourth quarter of 1978 is $1294. There were no interim earnings admit- ted. His tentative net backpay is $1294. The tentative amount of contributions to be credited to the trust funds on Todd's behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total tentative amount of backpay owed to Todd is $8110 and the tentative amount of contributions owed on Todd's behalf to the Pension and Training Fund is $1205 and to the Health and Welfare Fund is $1643 for a tentative total owed to the trust funds of $2848 and for a combined total of $10,958. 17. James Williamson The backpay period of James Williamson, a helper, ex- tends from 14 November 1975 to 8 March 1976. The ad- mitted earnings of Williamson reflect that, following his discharge, he worked for several employers including Bergeron Machine Shop, Inc.; Delta Field Erection, Inc,; and Waterfront Container-Chassis Terminal, Inc. Williamson worked in each of the backpay quarters. He started work at Bergeron Machine Shop, Inc. about 20 November 1975 and worked there until about 19 Jan- uary 1976 when he quit because he believed the job was unsafe because employees did things dangerously. Williamson then got a job through the Union with Delta Field Erection, Inc., which he started about 21 January 1976. He worked there until the job ended. Wil- liamson also worked for Waterfront Container Chassis Terminal, Inc. in the first quarter of 1976. The evidence failed to establish Williamson either en- gaged in a willful loss of earnings or was unavailable for employment. Accordingly, these defenses raised in Re- spondent's answer are rejected. Williamson's gross backpay for the fourth quarter of 1975 is $1000. His interim earnings were $414. His net backpay is $586. The amount of contributions to be cred- ited to the trust funds on Williamson's behalf for this quarter is $63 to the Pension and Training Fund and $63 to the Health and Welfare Fund. Williamson's gross backpay for the first quarter of 1976 is $1579. His interim earnings were $1382. His net backpay is $197. The amount of contributions to be cred- ited to the trust funds on Williamson's behalf for this quarter is $92 to the Pension and Training Fund and $92 to the Health and Welfare Fund. The total amount of backpay owed to Williamson is $783 and the amount of contributions owed on William- son's behalf to the Pension and Training Fund is $155 and to the Health and Welfare Fund is $155 for a total owed to the trust funds of $310 and for a combined total of $1093. 18. Drew Willis The backpay period of Drew Willis, a journeyman, ex- tends from 29 January 1976 to 29 October 1978. The admitted earnings of Willis reflect that following his discharge he worked for various employers, including Buckhead Office Machines; Accurate Business Machines; Breeman Steel Company; Atlanta Structural Steel; Mod- ular Age; Southern Tank Company; Daniels Construc- tion; and American Sheet Metal. Willis worked during each quarter of the backpay period. Following his discharge Willis went to work for his father-in-law at Buckhead Office Machines in Atlan- ta, Georgia. His reason for going to Atlanta was because there were a lot of employees seeking work through the union hall and he knew he had the job in Atlanta. While working at Buckhead Office Machines, Willis also worked for Accurate Business Machines and also applied for work at other employers. Willis quit his job at Accu- rate Business Machines, where he earned about $3 or $3.50 an hour, to go to work for Breeman Steel Compa- ny, which paid him about $4.50 an hour.- Willis also quit his job there for a higher paying job at Atlanta Structur- al Steel, where he earned over $5 an hour. When this business was sold and moved Willis immediately went to work at Modular Age for $5.50 an hour. However, the employer went bankrupt and he was laid off work. Willis next worked for Southern Tank Company earning $5.75 an hour and worked there until it moved its operations to Gainsville, Georgia. Willis then went to Florida on vacation, 17 where he worked about 2 weeks for Daniels Construction to earn money to return to Atlanta. On his return to Atlanta, Willis went to work for American Sheet Metal and worked there until it closed. 17 It was not established how long Willis was on vacation. BOLAND MARINE & MFG. CO. 641 Willis at the hearing acknowledged he also worked for John Nathan Tree Surgery in Atlanta, Georgia, 3 days a week for about 3 weeks, earning about $25 a day. Al- though Willis stated his employment with Nathan Tree Surgery occurred in 1977, between ,jobs, the time was not further established. Because the third quarter of 1977 was the first quarter of that year that Willis was shown to have worked for more than one employer, I find that this additional $225 of interim earnings shall be included in this quarter. Contrary to Respondent's defense asserted in its answer, I find Willis did not engage in a willful loss of earnings or was unavailable for employment. Willis, on being asked at the hearing when he decided to make Atlanta his home and stay there, answered it was right after he left New Orleans. Although the Re- spondent argues in its brief Willis left New Orleans with the intent of making Atlanta his home and staying there and therefore should be denied any backpay, I do not find such argument either valid or persuasive . Willis originally left New, Orleans because the Respondent had discriminatorily discharged him and he knew he had a job in Atlanta. Willis' gross backpay for the first quarter of 1976 is $1932. His interim earnings were $975 . His net backpay is $957. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $83 to the Pension and Training Fund and $83 to the Health and Welfare Fund. Willis' gross backpay for the second quarter of 1976 is $3096. His interim earnings were $1342. His net backpay is $1754. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $132 to the Pension and Training Fund and $132 to the Health and Welfare Fund. Willis' gross backpay for the third quarter of 1976 is $3055. His interim earnings were $1342. His net backpay is $1713. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $129 to the Pension and Training Fund and $129 to the Health and Welfare Fund. Willis' gross backpay for the fourth quarter of 1976 is $3354. His interim earnings were $ 1691. His net backpay is $1663. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $131 to the Pension and Training Fund and $131 to the Health and Welfare Fund. Willis' gross backpay for the first quarter of 1977 is $3330. His interim earnings were $2275. His net backpay is $1055. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $130 to the Pension and Training Fund and $130 to the Health and Welfare Fund. Willis' gross backpay for the second quarter of 1977 is $3306. His interim earnings were $2275. His net backpay is $1031. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $121 to the Pension and Training Fund and $121 to the Health and Welfare Fund. Willis' gross backpay for the third quarter of 1977 is $2535. His interim earnings were $2813. Because Willis' interim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Willis' behalf for this quarter is $99 to the Pension and Training Fund and $164 to the Health and Welfare Fund. Willis' gross backpay for the fourth quarter of 1977 is $2542. His interim earnings were $2683 Because Willis' interim earnings exceed his gross backpay, he is not owed any backpay for this quarter. The amount of con- tributions to be credited to the trust funds on Willis' behalf for this quarter is $96 to the Pension and Training Fund and $160 to the Health and Welfare Fund. Willis' gross backpay for the first quarter of 1978 is $2601. His interim earnings were $1620. His net backpay is $981 . The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $89 to the Pension and Training Fund and $175 to the Health and Welfare Fund. Willis' gross backpay for the second quarter of 1978 is $3578. His interim earnings were $2808. His net backpay is $770. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $121 to the Pension and Training Fund and $209 to the Health and Welfare Fund. Willis' gross backpay for the third quarter of 1978 is $3546. His interim earnings were $2808. His net backpay is $738. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $121 to the Pension and Training Fund and $218 to the Health and Welfare Fund. Willis' gross backpay for the fourth quarter of 1978 is $1294. His interim earnings were $432. His net backpay is $862. The amount of contributions to be credited to the trust funds on Willis' behalf for this quarter is $46 to the Pension and Training Fund and $84 to the Health and Welfare Fund. The total amount of backpay owed to Willis is $11,542 and the amount of contributions owed on Willis' behalf to the Pension and Training Fund is $1298 and to the Health and Welfare Fund is $1736 for a total owed to the trust funds of $3034 and for a combined total of $14,576. - 19. Burkley Poland The findings of Judge Jalettels establish the total amount of backpay owed to Burkley Poland is $10,459 and the amount of contributions owed on Poland 's behalf to the Pension and, Training Fund is $534 and to the Health and Welfare Fund is $534 for a total owed to the trust funds of $1068 and for, a combined total of $11,527. B. The Amounts of Backpay Owed to the Claimants Who Were Discriminatorily Suspended Judge Jalette found that 24 claimants were discrimina- torily suspended and were entitled to certain backpay and the Respondent was obligated to reimburse the fringe benefit funds on their behalf in the amounts set forth in his decision .19 The Board, contrary to Judge Ja- 18 The quarterly totals of backpay and contributions as found by Judge Jalette for Burkley Poland are contained in the Board's Supplemental De- cision and Order Remanding 19 These amounts are included in the Order section of my decision 642 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD lette, additionally found Angel Alpuche, S J Vodano- vich, and Bert West on 25 July 1975 were each dis- criminatorily suspended from work for 3 days and were also entitled to backpay for the 3 days they were off. When suspended in July 1975 Alpuche and Vodano- vich were journeymen earning $6.24 an hour. The Re- spondent in its answer denied West was also earning the journeyman rate of $6.24 an hour and claimed instead he earned the helper rate of $4.74 an hour. Respondent's employee register records reflect, and I so find, West did work for the Respondent at the helper's rate of pay. Since these three employees were suspended for 3 days the net backpay owed to each Alpuche and Vodan- ovich is $150 and to West is $114. The amount of contri- butions to be credited on each of their behalfs to the Pension Fund is $6, to the Training fund is $1, and to the Health and Welfare Fund is $7. C. Analysis and Conclusions The Board in its Supplemental Decision and Order Re- manding issued in the instant case in which it affirmed in part and reversed in part the Supplemental Decision issued by Judge Jalette found certain claimants were en- titled to backpay. The General Counsel's assertions of the amounts of backpay due those claimants and the amount of contributions owed to the fringe benefit funds on their behalf were disputed by the Respondent. The law is well settled that, while the general burden of proof is on the General Counsel to establish the gross backpay over the backpay period, a respondent has the burden of proof to show diminution of that amount. Berry-Mahurin Construction, 273 NLRB 1044 (1984); and Mastro Plastics Corp., 136 NLRB 1342, 1346 (1962), enfd. 345 F.2d 170 (2d Cir. 1965), cert. denied 384 U.S. 972 (1966). The burden of any uncertainty in restoring the status quo through the Board's remedial order is on the respondent as the wrongdoer. See Graphic Communica- tions Local 4 (San Francisco Newspaper), 272 NLRB 899 (1984), enfd. in part 122 LRRM 3000 (9th Cir. 1986). A claimant to be entitled to backpay must make a rea- sonable effort to obtain suitable new employment. His failure to do so will result in wage losses willfully in- curred for which he is not entitled to reimbursement. The United States Circuit Court of Appeals for the District of Columbia in its decision in Oil Workers (Kansas Refined Helium Co.), 547 F.2d, 598, 602-603 (1976), in discussing the willful loss of earnings stated in pertinent part as follows: Backpay may be reduced to the extent that the em- ployee "fails to remain in the labor market, refuses to accept substantially equivalent employment, fails diligently to search for alternative work, or volun- tarily quits alternative employment without good reason." . . . The burden of proving such willful loss of earnings is always upon the employer. . . . The discriminatee is merely required to make "reasonable efforts" to mitigate his loss of income, and only unjustified refusals to find or accept other employment are penalized under this rule. . .. An employee need not "seek employment which is not consonant with his particular skills, background, and experience," or "which involves conditions that are substantially more onerous than his previous po- sition." . .. He is not required to accept employ- ment which is located an unreasonable distance from his home. . . . Efforts at mitigation need not be successful; all that is required is an "honest good faith effort." The gross backpay found here was computed based on the formulas as found by Judge Jalette for computing backpay and contributions owed to the fringe benefit funds on behalf of the claimants. The above findings establish the amounts of backpay the Respondent owes to each of the claimants who were discriminatorily discharged or suspended during each quarter of the backpay period and the amounts of contri- butions owed to the fringe benefit funds on their behalf. In making such findings, except to the extent previously indicated in discussing each claimant separately, I find the Respondent has failed to establish, as is its burden, diminution of these amounts of backpay and contribu- tions found for each of these claimants. On the foregoing findings of fact and conclusions of law and the entire record and pursuant to Section 10(c) of the Act and the Board's Supplemental Decision and Order Remanding issued in this case, I issue the follow- ing recommended20 ORDER The Respondent, Boland Marine and Manufacturing Company, Inc., its officers, agents, successors, and as- signs, shall make whole each of the claimants except Paul Crane, Moses Lovely, and William Todd Jr., dis- cussed infra, listed below by payment to them the amounts of backpay due as shown opposite their names plus- interest computed in the manner prescribed in Flori- da Steel Corp., 231 NLRB 651 (1977), and accrued to the date of payment, minus tax withholdings required by law and pay to the appropriate fringe benefit funds covered by the collective-bargaining agreements between the Re- spondent and the Union the amounts of contributions owed on behalf of each claimant as listed plus interest computed in the manner prescribed in Merryweather Opti- cal Co., 240 NLRB 1212 (1979). With regard to claimants Paul Crane, Moses Lovely, and William Todd Jr., who did not appear and testify, the Respondent is ordered to pay to the Regional Direc- tor for Region 15 the tentative amounts as shown oppo- site their names of backpay and contributions owed to the fringe benefit funds on their behalf, with interest, to be held in escrow for a period not exceeding 1 year from the date this Second Supplemental Decision becomes final to afford the General Counsel an opportunity to locate them for purposes of their being examined by the parties about their interim earnings, search for work, availability for employment, and willful losses of earn- 20 If no exceptions are filed as provided by Sec. 102.46 of the Board's Rules and Regulations, the findings, 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. BOLAND MARINE & MFG. CO. ings during the backpay period. Should they be located within the 1-year escrow period and the parties can agree on what deductions should be made, these amounts shall be deducted and returned to the Respondent with the remainder paid-to Crane, Lovely, and Todd and to the fringe benefit funds on their behalf. If the parties are unable to agree on the deductions then another backpay hearing shall be held on the limited issue as it relates solely to Crane, Lovely, and Todd. In the event that at the end of the 1-year escrow period the parties have failed to locate Crane, Lovely, and Todd the awards to them and on their behalf shall lapse and the full backpay, contributions, and interest for them held in escrow shall be returned to the Respond- ent.21 The amounts of backpay and contributions owed are as follows: Name Backpay Fringe Benefit Total Funds Edward Allen ................. $4,102 $1,417 $5,519 Frank Anderson Jr.......... 11,043 3,018 14,061 Roark Boyd ..................... 7,322 3,018 10,340 Hilton Burns .................... 23,071 2,853 25,924 Michael Burton ............... 1,635 3,544 5,179 Lawrence Courvillion, Jr.22 ............ .... 11,773 2,686 14,459 Paul Crane ....................... 33,636 2,984 36,620 Dean Ellis ...................... 10,906 1,713 12,619 Merland Farria ................ 2,710 276 2,986 Clark Gnstina .................. 155 22 177 Moses Lovely .................. 28,056 2,524 30,580 Paul Mire ........................ 645 100 745 Randy Moore ............... 11,133 2,650 13,783 643 Name Backpay Fringe Benefit Total Funds Michael Purdy................. 4,055 2,638 6,693 Christopher Scamardo .... 1,907 444 2,351 William Todd, Jr ............. 8,110 2,848 10,958 James Williamson............ 783 310 1,093 Drew Willis .................. 11,542 3,034 14,576 Burkley Poland ............... 10,459 1,068 11,527 Robert H. Ambrose ........ 163 14 177 Jose Cambon ................... 150 14 164 John DeWald, Jr ............. 163 14 177 Alfred Dorsey .............. 150 14 164 Steven Elkins ................... 150 14 164 W. E. Forster, Jr ........... 163 14 177 C. Hanson ........................ 163 14 177 Richard Hilton, Sr......... 163 14 177 W R. Johnson................ 163 14 177 Gary Lloyd .................... 163 14 177 Alphonse J. Lumetta .... 163 14 177 Adam H. Meyer ............ 163 14 177 Joseph H. Meyer ............. 163 14 177 Henry Monroe ................ 163 14 177 Lawrence B. Payne ........ 163 14 177 Michael O. Padilla .......... 163 14 177 Edward Phipps ................ 163 14 177 George Purcell ................ 150 14 164 Robert R. Riley ............... 163 14 177 Irvin C. Rocher, Jr......... 163 14 177 Frank A Tijerina ...... ..... 150 14 164 James Williams ................ 150 14 164 David Zeringue, Jr......... 163 14 177 David Zeringue, Sr......... 163 14 177 Angel Alpuche .....:........ 150 14 164 S. J. Vodanovich............. 150 14 164 Bert West ......................... 114 14 128 Grand Totals ................... $187,291 $37,525 $224,816 11 See Starlite Cutting, 280 NLRB 1071 (1986). 22 The backpay due Courvillion shall be paid to his estate.