KLB Industries, Inc. d/b/a National Extrusion and Manufacturing Company

National Labor Relations Board - Board Decisions

Jun 19, 2019

08-CA-037672 (N.L.R.B. Jun. 19, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KLB INDUSTRIES, INC., d/b/a NATIONAL
EXTRUSION & MANUFACTURING COMPANY
and Cases 08-CA-037672
08-CA-037835
INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA
SUPPLEMENTAL ORDER
On July 26, 2011, the National Labor Relations Board issued its Decision and
Order1 in the above cases, finding that KLB Industries, Inc. d/b/a National Extrusion &
Manufacturing Company (the Respondent) had, among other things, violated Section
8(a)(5), (3), and (1) by locking out its employees, and directing it to offer the employees
reinstatement; make them whole for their loss of earnings and other benefits, with
interest; restore their group health insurance coverage, including COBRA policies, that
were unilaterally terminated; and make the employees whole for all losses suffered as a
result of the termination of the coverage, with interest.
On December 4, 2012, the United States Court of Appeals for the District of
Columbia Circuit entered its judgment in Case Nos. 11-1280 and 11-1322,2 denying the
Respondent’s petition for review and granting the Board’s cross-application for
enforcement.
On May 3, 2019, the Respondent; the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America (the Union); and the General
Counsel of the National Labor Relations Board entered into a Formal Compliance
Stipulation (Stipulation), subject to the Board’s approval, providing for a supplemental
order by the Board and a consent judgment by any appropriate United States Court of
Appeals. The parties waived all further and other proceedings before the Board to
which they may be entitled under the Act or the Board’s Rules and Regulations, and the
Respondent waived all defenses to the entry of the judgment, except compliance with
the Order of the Board.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
1 357 NLRB 127.
2 The court’s opinion is reported at 700 F.3d 551 (D.C. Cir. 2012).
2
D.C., for the entry of a Supplemental Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, and pursuant
to Section 10(c) of the National Labor Relations Act, the National Labor Relations Board
makes the following:
SUPPLEMENTAL ORDER
The Respondent, KLB Industries, Inc., d/b/a National Extrusion & Manufacturing
Company, Bellefontaine, Ohio, its officers, agents, successors, and assigns, shall take
the action set forth in the attached Formal Settlement Stipulation, including the payment
of a settlement sum of $750,000 and other amounts as prescribed by the Stipulation.
Dated, Washington, D.C., June 19, 2019.
(SEAL)
_____________________________________
John F. Ring, Chairman
_____________________________________
Marvin E. Kaplan, Member
_____________________________________
William J. Emanuel, Member
NATIONAL LABOR RELATIONS BOARD
UNITED STATES OF AMER1CA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KLB• INDUSTRIES, INC., d/b/a NATIONAL
EXTRUSION &.MANUFACTURING COMPANY
and Cases 08-CA-037672
08-CA-037835
INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA
FORMAL COMPLIANCE STIPULATION
IT IS HEREBY STIPULATED AND AGREED, by and betwe6n KLB Industries, Inc.,
d/b/a National Extrusion & Manufacturing Company (Respondent), International Union, United
Automobile, Aerospace and Agricultural Implement Workers of America (Charging Party
Union), and the General Counsel of the National Labor Relations Board (General Counsel), that:
1. Board Order. On July 26, 2011, the National Labor Relations Board (the
Bciard), issued its Decision and Order, reported at 357 NLRB 127, finding, •inter alia, that
Respondent had engaged in certain unfair labor practices within the meaning of Section 8(a)(1),
(3), and (5) of the National Labor Relations Act (the Act), including unlawfully locking out its
employees on October 22, 2007. (Exhibit A). The Board directed Respondent, its officers,
agents, successors, and assigns to take certain affirmative actions including, inter alia:
(A) Offer all locked out employees full reinstatement to their forrner jobs, or if
those jobs no longer exist to substantially equivalent positions, without
prejudice to their seniority •or any other rights or privileges previously
enjoyed, discharging, if necessary, employees hired from other sources to
Make room for them;
(B) Make whole all locked out employees for any loss of earnings and other
benefits suffered as a result of the unlawful conduct, with interest
compounded on a daily basis; and
(C) Restore the employees group health insurance coverage, including the
COBRA policies, that were unilaterally terminated in •October 2007 and
make employees whole for all losses suffered as a result of the termination
of the coverage, With interest compourided on a daily basis.
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2. Court Order. On December 4, 2012, in Civil Case Nos. 11-1280 and 11-1322,
the United States Court of Appeals for the District of Columbia Circuit issued•an Opinion and
Judgment denying Respondent's petition fór review and granting the Board's cross-application
for enforcement. After issuing an Order to sfay the proceedings pending a writ of certiorari, on
March 31, 2015, the Court issned a Mandate to its December 4, 2012, Opinion and Judgment
enforcing in full the Board's Order referred to above in paragraph 1. (Exhibit B).
3. Amended Compliance Specification and Supplemental Addendum. A
controversy having arisen concerning the amount of backpay due under the terms of the above
Decision and Order of the Board, the Regional Director for Region 8, pursuant to authority
conveyed by the Board, issued a Compliance Specification and Notice of Hearing on April 29,
2016; and an Amended Compliance Specification and Notice of Hearing on March 31, 2017,
alleging that the employees named in the attached Installment Schedule were due certain sums of
money as a result of their losses occasioned by Respondent's unfair labor practices. Receipt of •
•the Compliance Specification• and Amended Compliance Specification are hereby acknowledged.
by Respondent.
The parties agree that the Amended Compliance •Specification (Exhibit C) is
supplemented further by the attached Addendum •which calculates the amounts owed to the
named employee§ through March 31, 2018. (Exhibit D). The Parties agree that•"Appendices A
through U" of the Addendum replace, and are to be used in lieu of, "Appendices A through U" of
the Amended ComplianCe Specification. The Addendum also •includes •an "Appendix V. which
indicates thé amount of interest accrued on Respondent's inonetary liabilities for each employee
from the time of the lockout on October 22,• 200.7, through March 31, 2018. Receipt of the
Addendum to the Amended Compliance Specification is hereby acknoWledged by Respondent.
4. Withdrawal and Waiver of Answers. Respondent agrees to withdraw its
Answer fi,led on June 2, 2016, to the initial Compliance Specification and its amended Answer
filed on May 11, 2017, to the Amended Compliance Specification. Respondent agrees to waive
its right to file an answer to the revised amounts in the Addendum to the Amended Compliance
Specification. (Exhibit D).
5. Waiver of Right to Further Proceedings. All parties .waive their right to a
hearing, Administrative Law Judge's Supplemental Decision, the.filing of exceptions and briefs,
oral argument before the Board, the making of findings of fact and conclusions of law by the'
Board, and all further and other proceedings tò which patties may be entitled under the Act or the
Board's Rules and Regulations.
6. Entire Record. The parties agree that the entire record in this matter consists of
this Formal Compliance Stipulation and attached Installment Schedule;• the Board's Decision and
Order (Exhibit A) as referred to above in paragraph 1; the Court's Mandate, •Orders, Judgment
and Opinion (Exhibit B)•referred to above in paragraph 2; the Amended Compliance
Specification with appendices and affidavit of service (Exhibit C) as referred to above in
paragraph 3; the Addendum to the.Amended Compliance Specification with appendices (Exhibit
D) as referred to above in paragraph• 3; and the Personal Guarantee Agreement (Exhibit E),
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Judgment by Confession (Exhibit F), Security Agreement (Exhibit G), and Mortgage (Exhibit H)
as referred to below in paragraph 13.
7. Filing and Approval of this Stipulation. On behalf of the General Counsel, the
Regional Director for-Region 8 (the Regional Director) will file with the Board this Fomial
Compliance Stipulation and the documents constituting the record as referred to above in
paragraph 6. This Formal Compliance Stipulation is subject to the approval of the Board and it
shall be effective nunc pro tune to its date of execution immediately upon its approval.
8. The Parties Representations. Respondent represents that it has insufficient
means to pay the make whole remedy as set forth in the Amended Compliance Specification and
as supplemented by the Addendum. Respondent further represents that it is entering into this
Formal Compliance Stipulation in good faith, with no intent in taking any actions to circumvent
its obligations under this Formal Compliance Stipulation, including filing for bankruptcy or
dissolving the corporation.
After an investigation of Respondent's representation that it has insufficient means to pay
the entire make whole remedy as set forth in the Amended Compliance Specification and the
supplemental Addendum, Respondent, the Charging Party Union, and the General Counsel of the
Board, acting through their respective counsel, reached an agreement in settlement of the
backpay amount and have reduced it to writing in this Formal Compliance Stipulation.
The Charging Party Union and the General Counsel represent that the individual
discriminatees or, if deceased, their beneficiaries are aware of the monetary and other terms of
this Formal Compliance Stipulation and do not object to these terms.
9. Settlement Amount and Installment Payments. Respondent agrees to pay the
total settlement sum of $750,000.00 (seven hundred fifty thousand dollars), according to the
attached Installment Schedule, plus its share of employer payroll taxes including those taxes paid
pursuant to the Federal Insurance Contributions Act (FICA), and interest earned as referred to
below in paragraph 10. The $750,000.00 (seven hundred fifty thousand dollars) is to be paid in
19 (nineteen) installments according to the attached Installment Schedule based on the timing of
-the Board's approval of this Formal Compliance Stipulation. Respondent agrees that all FICA
withholdings and employer contributions will be made at the rates and earning limits which are
in effect at the time an installment payment is made.
The first installment of $300,000.00 (three hundred thousand dollars) is designated as
backpay for wages and will be subject to all appropriate payroll taxes and withholdings. Within
10 days of the Board's approval of this Formal Compliance Stipulation, Respondent agrees to
make the first installment payment of $300,000.00 (three hundred thousand dollars) plus remit
all appropriate employer payroll taxes including employer FICA contributions.
Respondent will pay the remaining $450,000.00 (four hundred fifty thousand dollars) in
equal quarterly installments of $25,000.00 (twenty-five thousand dollars), plus interest earned as
referred to below in paragraph 10. Respondent will begin these quarterly payments on either the
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1st (first) day of the month or the 15th (fifteenth) day of the month, whichever is sooner, after the
100th (one hundredth) day following the Board's approval of this Stipulation, and will continue
the quarterly payments for a total of 4-1/2 (four and one-half years) at which time the financial
terms of this Stipulation will be satisfied.
The $450,000.00 (four hundred fifty thousand dollars)• is designated primarily as
reimbursements for 401(k) liabilities, interim expenses, and accrued interest through March 31,
2018. These reimbursements will not be subject to payroll taxes or withholdings unless the U.S.
Internal Revenue Service advises otherwise at a later date. In such an event, Respondent agrees
that it is solely responsible for all additional employer payroll taxes and/or penalties that would.
be subsequently owed by Respondent or the employee.
In general, the quarterly installment payments can be attributed to the following types of
reimbursements for each employee: Houchin, Houser, Leugers, Page, Pitts, Orahood,
Shoemaker, Snyder, Taylor, Whiting, and the estate of Conway for 401(k) liabilities; the estate
of Buroker for 401(k) liabilities and accrued interest; Hoffer, Huffinan, and Meyer for interim
expenses and accrued interest; and Potter for accrued interest. Employee reimbursements are set
forth in "Appendix LP and accrued interest is set forth in "Appendix V" of the Addendum to the
Amended Compliance Specification (Exhibit D).
10. Interest and Early Payments. Respondent agrees to pay interest compounded on
a daily basis on all outstanding•balances which will begin accruing on the llth (eleventh) day
following the Board's approval of this Formal Compliance Stipulation, and will continue to
accrue until the full amount of $750,000.00 (seven hundred fifty thousand dollars) plus interest
has been paid. Interest will be calculated at a 3% (three percent) annual rate compounded on a
daily basis and will be payable at the time Res.pondent makes its quarterly installment payments
according to the attached Installment Schedule.
Respondent may, at any time and without penalty, pay any portion or part of the unpaid
balance amount before it becomes due. The parties agree that the last installment payment will be
adjusted to reflect the reduced principal and interest caused by Respondent's early payments.
The Regional Director agrees to provide Respondent with the final payoff amount 14 (fourteen)
days prior to the date of the last installment payment, or within 7 (days) of being given written
notice by Respondent of the date it intends to pay off the total amount still owed.
11. Procedure for Payments and Distribution. Within 10 (ten) days of the execution
of this Formal Compliance Stipulation, Respondent agrees to provide to the Region its Federal
and State of Ohio tax identification numbers, and the Regional Director agrees to provide
Respondent with information concerning the electronic transfer of payments to the NLRB
Finance Branch. Within 5 (five) days of the Board's approval of this Formal Compliance
Stipulation, Respondent will confirm with the Regional Director the accuracy of the information
• previously given concerning the electronic transfer of payments to the NLRB Finance.Branch.
Within 1P (ten) days of the Board's approval of this Formal Compliance Stipulation,
Respondent will electronically transfer the first installment of $300,000.00 (three hundred
4
thousand dollars) plus all employer payroll tax contributions to be paid, including FICA, to the
NLRB Finance Branch. Respondent will segregate its FICA contributions from its installment
payment, by making two electronic payments to the NLRB Finance Branch: one for the
$300,000.00 (three hundred thousand dollars) in backpay and the other for its FICA
contributions.
On or before the quarterly installment dates as referred to and defined above in paragraph
9, and as set forth in the attached Installment Schedule, Respondent agrees to electronically
transfer the respective quarterly amounts, which include interest, to the NLRB Finance Branch.
In the event that any quarterly payment, either in whole or in part, is subsequently subject to
employer payroll tax contributions, including FICA, Respondent will segregate its FICA
contributions from its other installment payments, by making a second electronic payment to the
NLRB Finance Branch in each quarter that FICA is required to be paid.
Simultaneous with all installment payments electronically transferred to the NLRB
Finance Branch, Respondent agrees to provide an accounting of how it calculated its employer
tax contributions and employee withholdings, including FICA, if any, to both the Finance Branch
and to the Region. Respondent also agrees that it will simultaneously notify the Region and the
Charging Party Union in writing of all installment payments electronically transferred to the
NLRB Finance Branch. The parties agree that for installment payments falling due on a
weekend or Federal Holiday, the payment due date will be the next week day following the
weekend or holiday.
The Compliance Officer in Region 8 will verify the accuracy of Respondent's FICA and
withholding calculations and prepare the disbursement request that will be processed pursuant to
NLRB protocols. The NLRB Finance Branch, in conjunction with the U.S. Treasury, will draft
and send the checks for each employee or beneficiary to the Region for distribution. The Region
will notify the Charging Party Union when distributions have been made. The NLRB Finance
Branch will forward the withholdings and Respondent's share of employér payroll taxes,
including FICA, to all appropriate Agencies. The NLRB Finance Branch will annually prepare
and send 1099 Miscellaneous Income Tax Forms tb the employees or their beneficiaries.
In the event that any amount due to an employee or a beneficiary cannot be distributed by
the Region because an employee or beneficiary cannot be located, then.the undistributed amount
will be held by the NLRB Finance Branch in the U.S. Treasury in escrow amtil a 1-year (one-
year) period has lapsed following the final instalLment payment. The Regional Director agrees to
notify the Charging Party Union when an employee or beneficiary cannot be located.
Respondent agrees that the Region will redistribute all unclaimed amounts on an equal basis to
the remaining discriminatees who are able to be located after the 1- year(one-year) period
following the final installment being paid by Respondent.
- 12. Notice to Employees. In addition to the Notice to Employees that was
previously posted at its Bellefontaine, Ohio facility, Respondent agrees that it will sign new
copies of the Notice to Employees which will be mailed by the Regional Director to all of the
employees named in the attached Installment Schedule, along with Respondent's first installment
5
payment and a letter explaining the• terms of the settlement. If a former employee is deceased,
the Regional Director will mail the Notice to the decedent's beneficiary.
13. Security Interests and Fees. In order to ensure a timely and full payment of the
first installment payment of $300,000.00 (three hundred thousand dollars) as referred to above in
paragjaph 9, Respondent's officers and owners executed the attached Personal Guarantee
Agreement. (Exhibit E). The Personal Guarantee Agreement was executed by. Respondent's
CEO Christopher A. Kerns, Vice-president John D. Bishop, Treasurer and Controller Craig A.
Johnson, and Secretary Kenneth Carsten Lemkau Jr. in their personal capacity, and provides for
joint and several liability amongst them. The Personal Guarantee Agreement is for the limited
amount of $300,000.00 (three hundred thousand dollars) and is of a limited duration provided
Respondent makes its first installment of $300,000.00 (three hundred thousand dollars) within 10
days of the Board's approval of this Stipulation, in which case, the Guarantee continues for only
91 days thereafter. The Personal Guarantee Agreement fully describes its terms which includes
Respondent being able to cure any defect in the first payment within 14 (fourteen) days after
being given written notice to do so by the Regional Director.
In order to ensure full payment of the $750,000.00 (seven hundred fifty thousand dollars)
settlement amount, Respondent has executed the attached Judgment by Confession for
$750,000.00 (seven hundred fifty thousand dollars). (Exhibit F). The Judgment by Confession
shall be held in escrow. by the NLRB Finance Branch and will be returned to Respondent should
the Formal Compliance Stipulation not be approved or after all of the installments have been
paid in full. Respondent agrees that in the event it fails to pay the full amount of any of the
required installment payments on or before the dates set forth in this Stipulation, as referred to
•above in paragraphs 9 through 11, and in the attached Installment Schedule, and it fails to cure
any such nonpayment within 14 (fourteen) days after being given written notice to do so by the
Regional Director,• the General Counsel may file the Judgment by Confession in a court of
competent jurisdiction. As required under Ohio law, an appropriate warning concerning the
ramifications of Respondent's Judgment-by Confession is included above the signature line in
this Formal Compliance Stipulation and in Exhibit F, the Judgment by Confession.
As further security for any amounts due and owing under the •terms of this Formal
Compliance Stipulation, Respondent agrees to provide security interests in its real estate and
other assets as described in the• attached executed Security Agreement (Exhibit G) and Mortgage.
(Exhibit H). The convpyed interests in Respondent's real estate and other assets as described in
the Security Agreement •and the Mortgage become effective and attach immediately upon the
execution•of this Formal Compliance Stipulation and continue until either the Board disapproves
- this Stipulation or Respondent's obligations under this Stipulation have been fully discharged.
Respondent agrees to be responsible for, and bear the costs of all filing -fees and recording
expenses, including reimbursing the Regional Director, for the recording of the above-described.
security interests. Upon the initial filing of the security interests conveyed by Respondent in its
real estate and other assets as described in the Security Agreement and the Mortgage, the
Regional Director •will provide a breakdown to Respondent of the fees to be reimbursed along
6
with the method for reimbursement. Respondent agrees to reimburse the fees within 10 (ten)
days of receipt of the fee breakdown after the Board's approval.
14. Obligation Discharged. The obligation of Respondent to make whole
employees under the Board's Decision and Order referred to in paragraph 1 and the Judgment of
the United States Court of Appeals for the District of Columbia Circuit referred to in paragraph 2
will be discharged by the payments sent to the NLRB Finance Branch in the full amounts and on
or before the dates set forth in this Formal Compliance Stipulation and attached Installment
Schedule, or otherwise curing any defect in any payment within 14 (fourteen) days after being
given written notice to do so by the Regional Director.
15. Default Amount and Procedure. In consideration of the NLRB entering into this
Formal Compliance Stipulation, Respondent agrees that in the event it fails to pay the full
amount of any of the required installment payments on or before the dates specified in.this
Stipulation and the attached Installment Schedule, and it fails to cure• any such nonpayment
within 14 (fourteen) days after being given written notice to do so by the Regional Director,
100% (One hundred percent) of the "Total Monetary Liability" as set forth in "Appendix U" of
the Addendum to the Amended Compliance Specification (Exhibit D) will immediately become
due and payable to the NLRB Finance Branch on behalf of the employees or their beneficiaries.
The Total Monetary Liability amount includes backpay and reimbursements, plus interest on
these amounts compounded on a daily basis since October 22, 2007, at the short-term Federal
rate, and Respondent's share of all employer payroll taxes, including FICA, less any payments
previously made pursuant to this Stipulation.
Upon Respondent's failure to cure any defect in payment 'within 14 (fourteen) days of
being given the written notice by the Regional Director, the General Counsel may file a Motion
for Summary Judgment to the Board based on the record as referred to above in paragraph 6.
The Board may then issue an Order requiring Respondent to Show Cause why said Motion of the
General Counsel should not be granted. Respondent agrees that the only issue that may be raised
in response to the Board's Order to Show Cause is whether Respondent defaulted in making a
payment in accordance with this Formal Compliance Stipulation and the attached Installment
Schedule. As part of whether Respondent has defaulted, Respondent may raise, as required
under this Stipulation, whether the Regional Director 1) failed to provide Respondent with
information concerning the electronic transfer of payments to the NLRB Finance Branch, or 2)
failed to provide written notice and a 14-day (fourteen-day) opportunity to cure any defect in
payrnent to Respondent.
The Board may, without the necessity of trial or any other proceeding, find all of the
allegations of the Arnended Compliance Specification and the Addendum thereto, (Exhibits C
and D, respectively), to be true and make findings of fact and conclusions of law consistent with
those allegations adverse to Respondent on all issues raised by the pleadings. The Board may
then issue an Order providing the full backpay remedy for wages and reimburseinents of
$5,152,029.00 (five million one hundred fifty-two thousand twenty-nine dollars), less any
payments received by the Board, plus interest, in accordance with this Formal Compliance
Stipulation, and the allegations of the Amended Compliance Specification and the supplemental
7
Addendum. The Board's Order may be entered thereon ex parte and, upon application by the
Board to the appropriate United States Court of Appeals for enforcement of the Board's Order,
judgment may be entered thereon ex parte and without opposition from Respondent.
16. Right to Inspect Records. In the event of default by Respondent's failure to
pay the full amount of any of the required installment payments, and to cure such defect of any
payment within 14 (fourteen) days of being given written notice by the Regional Director, then
Respondent agrees that it will make all of•its financial and business records available for
inspection at its Bellefontaine, Ohio facility, by a designated agent •of the Regional Director.
Respondent agrees that it will allow such records to be removed from its Bellefontaine facility
for a reasonable period of time for further review and/or copying. Respondent also agrees that it
will make an individual with knowledge of these records available to answer questions by, or
provide technical assistance to, the designated agent.
Respondent agrees that it will make such records available within 10 (ten) days of a
written request being made by a designated agent of the Regional Director. Such records are to
be available for inspection and/or copying regardless of their format and/or where the record is
physically located including records located at Respondent's Bellefontaine, Ohio facility; at the
private residences of its officers, their family members and/or acquaintances; or at the offices of
its attorney or, accountant.
Respondent further agrees that it will not dispose of any currently held financial or
business record, nor of any future financial or business record, prior to the discharge of this
agreement as referred to above in paragraph 14.
to'
17. Change in Business. • If, at any time after Respondent executes this Stipulation
and before the completion of the installment payments, Respondent, and/or its officers, agents,
assigns, or successors cornmence any action that will result in. substantial change in any or all of
Respondent's operations, including, but not limited to any possible sale, transfer, lease
assignment, or other, conveyance of all or a portion of its business or assets, Respondent and/or
its officers, agents, assigns, or successors agree that prior to any such action, it/they will
immediately notify,the Regional Director for Region 8, at the National Labor Relations Board,•
AJC Federal Building Room 1695, 1240 East 9th Street, Cleveland, Ohio, 44199, via certified or
registered mail, regarding the change, and will provide •in writing the specific details thereof;
including the name and address of the intended purchaser(s), transferee(s), or lessee(s) of its/their
business and the written documents memorializing said transaction, and will, upon request,
provide immediate access to any other of its/their records relating to any such organizational
chagges.
18. Entire Agreement. The parties agree that this Formal Compliance Stipulation,
the Installment Schedule, and Exhibits A through H, inclusive, contain the entire agreement
between the parties concerning the monetary remedies, and there is no other agreement of any
kind, verbal or otherwise, that varies, alters or adds to this Formal Compliance Stipulation.
8
Signature
By: Craig john , Controller and Treasurer
Signature Dafi.
KLB INDUSTRIES, INC:, d/b/a NATIONAL
EXTRUSION & MANUFACTURING COMPANY
"Warning -- By signing this paper you give up your right to notice and court
trial. If you do not pay on time a court judgment may be taken against you
without your prior knowledge and the powers of a court can be used to collect
frorn you regardless of any claims you may, have against the creditor whether
for returned goods, faulty goods, failure o,n‘ his part to comply with the
agreement, or any other cause."
By; Kerry Hastings, Counsel for Respondent
Taft, Stettinius & Hollister, LLP
425 Walnut Street, Ste. 1800
Cincinnati, OH 45202.,3948
Phone: (513) 357-9380; Fax: (513) 381-0205
Email: hastings@taftla.w.com
1 1/774.F1
Date
By: John Bishop, Viee President
Date
By: Christopher Kerns, President and CEO
Signature Da e
Eiy: Carsten _Lernkau, Secretary
Signature Date
9
ture Date
INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA
By: Stuart Shoup, Assistant General Counsel
International Union, United Automobile,
Aerospace and Agricultural Implement
Workers of America, UAW Legal Department
8000 East Jefferson Avenue
Detroit, MI 48214
Phone: (313) 926-521 40
Email: s
Date
NATIONAL LABOR RELATIONS BOARD, ItEGION 8
By: Karen N. Neilsen, Counsel for the General Counsel
NLRB, Region 8
1240 E. 9th Street, Room 1695
Cleveland, OH 44199
Dir (216) 522-3728; Fax (216) 522-2418
Email: aren.neilsen@nlrb.gov
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