Ryder Truck Lines, Inc.

RYDER TRUCK LINES 573 Ryder Truck Lines, Inc. and Melvin D. Taylor. Case 10-CA-19042 August 27, 1990 SECOND SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATT On December 16, 1987, the National Labor Rela- tions Board issued a Supplemental Decision and Order' requinng the Respondent to make whole Melvin D Taylor for losses resulting from the Re- spondent's violation of Section 8(a)(1) of the Act The United States Court of Appeals for the Elev- enth Circuit enforced the Board's Supplemental Decision and Order on December 15, 1988 2 A controversy having arisen over backpay due under the Board's Supplemental Decision and Order, the Acting Regional Director for Region 10 issued a compliance specification and notice of hearing on May 5, 1989, alleging the amount of backpay due Taylor and the amount of contnbu- bons owed on Taylor's behalf to the Central States, Southeast and Southwest Areas Health and Wel- fare Fund and to the Central States, Southeast and Southwest Areas Pension Fund On May 22, 1989, the Respondent filed an answer to the compliance specification with Region 10 admitting in part and denying in part the allegations in the specification On August 21, 1989, the Respondent, by its counsel, entered into a stipulation with the Region and discnmmatee Taylor agreeing to pay Taylor $6000 in backpay (plus $2000 in interest), to remit to the Central States, Southeast and Southwest Areas Health and Welfare Fund $29,167 08 (includ- ing $6,492 18 in interest), and to reimburse the Cen- tral States, Southeast and Southwest Areas Pension Fund $69,012 34 (including $6,127 34 in interest) on behalf of Taylor The stipulation, which was effec- tive on its October 20, 1989 approval by the Re- gional Director for Region 10, provided that the Respondent waives a hearing, decision of an Adminis- trative Law Judge, the filings of Exceptions 1 287 NLRB 806 2 Enfd mem 863 F 2d 889 and Briefs and argument before the Board, the making of findings of fact or conclusions of law by the Board and other proceedings to which the parties may be entitled under the Act or the Rules and Regulations of the _ Board The stipulation further provided that it constituted full compliance with the remedial terms of the Board's Order The Respondent has complied with the portion of the stipulation requiring it to pay Taylor $6000, plus $2000 in interest About November 28, 1989, the parties orally agreed to permit the Respondent to make weekly payments to the fringe benefit funds of $5000, in lieu of a lump-sum payment On June 22, 1990, the General Counsel filed with the Board a motion for sununary entry of order en- forcing stipulation, together with supporting exhib- its This motion represents that the Respondent has failed to make any fringe benefit payments on behalf of the discnmmatee or to provide assurances when these payments will be made The General Counsel requests that the motion be granted so that the Board's processes will not be abused and to avoid further delays The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel On June 26, 1990, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the General Counsel's motion should not be granted The Respondent filed no response The allegations in the motion are therefore undisputed and the Board grants the General Counsel's Motion for Summary Judgment ORDER The National Labor Relations Board orders that Ryder Truck Lines, Inc, Birmingham, Alabama, its officers, agents, successors, and assigns, shall make whole discnmmatee Melvin D Taylor by tender- ing $29,167 08, including interest, to the Central States, Southeast and Southwest Areas Health and Welfare Fund and $69,012 34, including interest, to the Central States, Southeast and Southwest Areas Pension Fund 299 NLRB No 85