Davis Coal Co., Debtor-In-Possession

National Labor Relations Board - Board Decisions

Jun 18, 1985

275 N.L.R.B. 722 (N.L.R.B. 1985)

722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Davis Coal Company, Debtor-in-Possession and
Jesse Muncy and Bill Hall and James F.
Mollet. Cases 9-CA-16228, 9-CA-16301, and
9-CA-16375 -
18 June 1985
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 12 December 1984, Administrative Law
Judge James L. Rose issued the attached supple-
mental decision. The Respondent filed exceptions
and a supporting brief.
The Board has considered the supplemental. deci-
sion and the record in light of the exceptions and
brief- and_ has decided =to affirm the judge's rulings,
findings, and conclusions and to adopt the recom-
mended Order as modified.
This- is a'backpay proceeding to determine the
amounts of-backpay,owing to numerous
Respondent excepts to the judge's find-
ing that certain ibonuses are properly includable in
the computation - of gross backpay and- to the
judge's finding that the backpay specification prop-
•erly-'calculates- the average weekly interim' earnings
of ; two claimants. - We find merit" iri the Respond-
'ent's-`exceptions:
1. he judge:, found that grossbackpayfor 1981
2'
J
appropriately included attendance. bonuses,' coal, bo-
nuses, : vacation bonuses, and 'Christmas- bonuses.
We- disagree.-It is. undisputed that the -Respondent
paid no•.bonuses,• whatsoever, to employees in 1981.
This includes all* nondiscriminatees -and all discri-
minatees reinstated _'in 198 1% ' Further, no evidence
was ' presented to- refute the ' Respondents conten-
tion,that 'the nonpayment of all bonuses'to..all em--
ploye'es in' 196 was attributable -to, its. poor finan-
cial condition that eventually resulted in,the• cessa-
•tionof business and the filing of-aibankruptcy peti-
tion.2 In these circumstances, the inclusion-of 1981
bonuses-.in calculating-the claimants' gross •backpay
effectively- places V the i `claimants 'in' a- better' positiori
`thian3`'they`woul'd have occupied had the'^unfair
labor practices ` never ` occurred. ` Such' 'a '-'result" ex-
ceeds' the ^ `Board's remedial _,authority. We , shall
therefore modify the gross backpay"calculations for
each ca1en.dar,.quarter; of,1981 .by-omitting attend-
ance,. bonuses,, coal, bonuses; vacation bonuses, and
Christmas: bonuses..'r,
The Board 's original decision is reported at 266 NLRB 1072 (1983)
2 Accordingly , we reject the judge 's finding that the nonpayment of
bonuses an 1981 was, a' mere continuation of the Respondent 's !previous
unfair labor, practices • -
2. The judge found that the backpay specifica-
tion properly calculated interim earnings for
Charles Conley and Charles Fillinger. We disagree.
It appears that in formulating the backpay specifi-
cation the Regional Director was' unable to deter-
mine Conley's and Fillinger's actual weekly interim
earnings for each calendar quarter. The Regional
Director therefore found it necessary to calculate a
weekly average for these interim earnings . The Re-
gional Director calculated the weekly average by
dividing the total amount 'of interim earnings by
the total number of weeks employed with the inter-
im employer. This calculation included each and
every week from the first week of interim employ-
ment through the last week of interim employment.
During the period of interim employment, howev-
er, neither Conley nor Fillinger worked for several
weeks during the period of a national coal strike.
In calculating their average weekly interim earn-
ings, the backpay specification included as weeks
worked the period of the national coal strike. As a
result , the specification's calculation of average
weekly earnings erroneously includes more weeks
than either Conley or Fillinger actually worked.
To illustrate, Fillinger was employed by M & D
Mining Company for a 52-week period from 1 Jan-
uary to 31 December 1981. From 17 March to 7
June 1981, a period of 12.2 weeks, Fillinger did not
work because, of the national coal strike. It is evi-
dent, therefore, that in 1981 Fillinger actually
worked and received interim earnings not over 52
weeks but over 39.8 weeks. The specification, how-
ever, is calculated on a 52-week basis rather than a
39.8-week basis. Under a 52-week computation, Fil-
linger 's average ' weekly earnings were $406.49.
Under' 'a 39.8-week. computation, his average
weekly earnings are $531.09. Inasmuch' as Fil-
linger's , total. interim earnings at M & D Mining
Company were in actuality earned' over a 39.8-
week period, we find that in calculating a- weekly
average it is appropriate to divide his total earnings
by 39.8 weeks, and not by 52 weeks. We find this
manner of calculation is appropriate for Conley as
well. Although the judge appropriately applied- the
quarterly method of calculation set- forth iri F. 'W.
Woolworth Co., 90 NLRB 289.(1950),. the judge
erred in adopting the specification's calculation of
average weekly earnings. V
Accordingly, we shall :modify the judge's back-
Ray: order in accordance with our findings herein.3
;2 We disavow the judge 's reliance on Big Three Industrial Gas, 263
NLRB 1189 (1982), overruled in American Navigation Co, 268 NLRB
426 (1983)
No exceptions were taken to the judge's findings that claimants Jackie
Spaulding, Raymond Fillinger , Kessler Marcum , Jesse Muncy, Ernest
Sturgill; and Bobby Marcum made adequate searches for work during the
backpay period
275 NLRB No. 102
DAVIS COAL CO. , 723
ORDER
The National Labor Relations Board adopts the
recommended Order of. the administrative law
judge as modified below and orders that the Re-
spondent, Davis Coal Company, Debtor-in- Posses-
sion , Kermit, West Virginia, its officers, agents,
successors, and assigns, shall pay to each individual
listed below the amount set opposite his respective
name, as calculated in the. appendix to the supple-
mental decision and order, less appropriate- withh-
holdings required by Federal and state law. This
sum includes interest from the end of the particular
quarter for which backpay was calculated until 2
June 1982, the date the Respondent filed its bank-
ruptcy petition.
Fred Fitchpatrick $11,790.90
Jackie Spaulding 26,127.79
Charles Conley 6,261.53
Charles Fillinger 4,503.05
Raymond Fillinger 14,130.55
Cecil Marcum 25,675.41
Kessler Marcum 22,213.02
James Mollett 13,069.51
Bill Muncy 22,526.62
Jesse Muncy 24,215.89
Ernest Sturgill _ 12,953.59
Roger Williams 12,953.57
Bobby Lee Marcum 12,897.75
Bill Hall 849.10
SUPPLEMENTAL DECISION
STATEMENT OF THE CASE
,JAMES L. ROSE, Administrative Law Judge. This is a
backpay proceeding occasioned by the Respondent's, un-
lawful discharge (among other things) of 13 individuals
on various dates in November and December 1980; The
Board ordered they be reinstated with backpay. Davis
Coal Co., 266 NLRB 1072 (1983).
A heanng on the issues presented by the General
Counsel's amended backpay specification and the Re-
spondent's answer thereto was held before me on Sep-
tember 11, 1984, at Williamson, West Virginia. Subse-
quently, the Respondent submitted a brief, the General
Counsel and the Charging Party having waived .'their
right to do so. •
Present and available for interrogation by the Re-
spondent were the 13 dischargees whose entitlement is
covered by the backpay specification. They were called
by the Respondent and testified.
The backpay specification also includes an allegation
of the amount owed to Bill Hall resulting from the Re-
spondent's unlawful withholding the 1980 Christmas
bonus and other moneys. There were no mitigation .issues
with regard to Hall.
On the record as a whole, including my observation of
the witnesses, arguments of counsel, and the Respond-
ent's brief, I hereby make the following
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
1. THE BACKPAY SPECIFICATION
In selecting a particular method for calculating gross
backpay, the object is to determine how much the 'em-
ployee might reasonably have expected to earn but for
the employer 's unfair labor practices . In divising proce-
dures and formulas to resolve such backpay issues, the
Board has wide discretion limited only by the caveat that
its method not be arbitrary or unreasonable . See NLRB
v. Brown & Root, 311 F.2d 447 (8th Cir. 1963); NLRB v.
Rice Lake Creamery Co., 365 F.2d 88 (D.C. Cir. 1966),
where the court noted the "impossibility of exactitude"
in arriving at backpay amounts . Further, it is noted that
if there is any ambiguity with regard to entitlement for
an employee who has been discriminated against or some
reasonable question as to whether an amount should or
should not be included in the employee 's backpay,' such
must be resolved in favor of the employee and against
the employer whose unfair labor practices caused the
loss of earnings:
[T]he backpay claimant should receive the benefit
of any doubt rather than the Respondent: the
wrongdoer responsible for the existence of any un-
certainty and against whom any uncertainty must be
resolved. [Southern Household Products Co., 203
NLRB 881 (1973).]
Here the General Counsel used a projection formula in
which it was assumed the employee would have earned
during the backpay period those amounts that he in fact
earned during the base period. Such is a method long ac-
cepted by the Board as reasonable. E.g., Am-Del-Co.,
Inc., 234 NLRB 1040 (1978).
The base period used was January ' 1, 1980 (or the date
of employment if later), through October 1980=the last
full pay period prior to the strike of employees -giving
rise to the unfair labor practices in this matter. Charles
Brooks, the Board 's, compliance officer who made the
backpay calculations , testified that 1980 records of the
Respondent were on a computerized printout, whereas
the payroll entries in 1981 were handwritten and it was
difficult 'to tell precisely what had happened. Given the
undenied state of the Respondent's records and the oth-
erwise reasonableness of using this period , I conclude
that the formula adopted is appropriate.
Where, as here,•the General ' Counsel has established a
reasonable formula . for determining the amount each-dis-
criminated against employee would have earned but for
the employer's unfair labor practices. and, where, as here,
the Geiieral Counsel has 'made a reasonable attempt. to
subtract` therefrom 'employees'- interim earnings,: the
burden shifts to the 'respondent to prove its defenses that
the backpay period' is incorrect, 'that 'no'•work "woiild
have existed , for :the. discriminatees -notwithstanding the
employer 's unfair labor practices, that one or more of the
discriminatees suffered a willful loss of earnings during
the backpay period, and so forth.
The backpay period for each employee begins on the
date of=his particular discharge in 1980 and ends on De-
cember 28, 1981, when the Respondent shut down oper-
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ations (or the date he accepted or rejected reinstatement,
if earlier). Excluded-from the backpay period is the dura-
tion of the national -coal strike from March 17 through
June 7, during which is assumed that notwithstanding the
Respondent's unfair labor practices, employees would
not have worked.
'Interim earnings , less any provable costs -associated
with -attempting to seek - employment in each quarter,
were- substracted- from gross backpay. The Respondent
objects to the quarter method of deducting interim earn-
ings on grounds that such has the effect of increasing the
backpay amount. For the reasons set forth in F. W.
Woolworth Co., 90 NLRB 289 (1950), the method of
crediting interim earnings, is appropriate, notwithstanding
such might result in employees receiving more in' back-
pay-then if had another formula been used. Nelson Metal
Fabricating, 259 NLRB 1023 (1982).
- Having concluded that the backpay formula used by
the General Counsel in this matter conforms to the
Board's accepted standard reasonableness, and 'noting
that the Respondent does not really contest the basis of
the formula nor the arithmetic in arriving at the specific
backpay amounts, I shall consider the Respondent's vari-
ous other contentions, seriatim, as set forth in its brief.
H. THE RESPONDENT'S CONTENTIONS
A. The Bankruptcy Proceeding
The Respondent contends that it is a debtor -in-posses-
sion in a • bankruptcy, matter in the United States Bank-
ruptcy Court for the - Southern District ' of West Virginia
and accordingly all proceedings before the Board should
be stayed.
^•
Suffice it that the bankruptcy code does not, provide
for the, stay of a backpay proceeding before the- Board
and' I therefore find this defense unmeritorious. E.g.,
Master' Transmission Rebuilders, 269 NLRB 93 (1983)_
B.`Bonuses - '`
In the specification, the backpay for each, in diyidual
includes . amounts . it is assumed would have, been paid for
attendance, bonuses, monthly coal bonuses, vacation bo-
nuses , and Christmas bonuses. The Respondent contends
that, inasmuch as none of its actual employees received
such income during 1981, and since the Respondent had
the lawful nght to reduce benefits to its employees
during 1981, such items should not have been included in
the gross backpay. - -
Although testimony that actual employees' were not
paid bonuses 'in 1981 is relevant, it is not, as argued by
the Respondent: dispositive. The issue is • not what the
Respondent did 'after it committed the unfair. labor -prac-
tices, but wliit it would have done had it-not committed
them.
,.The Respondent argues ;that, it ,was suffering from dire
economic consequences' of- an.- undetermined,, - nature
which resulted in its not paying bonuses and; 'finally; in
its, closure: While there is generalised testimony' in this
regard, the Respondent brought forth no evidence to
support- its implied contention that its economic situation
was dramatically different in 1981 than it was in 1980
when, for instance, bonuses were paid. Absent such evi-
dence, the Respondent's self-serving assertion is just
simply not sufficiently credible to support a decision
On the other hand, the dispute here involved massive
unfair labor practices engaged in by the Respondent, in-
cluding the denial of coal and Christmas bonuses in 1980.
Discriminating against employees by denying them bo-
nuses is an unfair labor practice which would presum-
ably continue until remedied. There is no indication that
the Respondent has made any effort to remedy its denial
of the coal and Christmas bonuses. The attendance bonus
and vacation bonus are similar inducements to employees
to work steadily for the Respondent.
Given the absence of any credible evidence that the
Respondent's economic situation was such that bonuses
would have been denied to all employees in 1981 absent
its unfair labor practices, and noting that one of the Re-
spondent's unfair labor practices was to deny these dis-
criminatees coal and Christmas bonuses in 1980, I con-
clude that the Respondent has not met its burden of
proving that inclusion of bonuses in the gross backpay of
these individuals was unreasonable.
Also in,its "second defense" the Respondent argues
that there was a reduction in force in September 1981
and, accordingly, the backpay period for the discrimina-
tees should exclude 3 weeks in September 1981. This is
based on the testimony of Owner Winford Davis that the
mine -was shut down and the operation, moved during
this period. However, the undenied testimony of the
'General Counsel's compliance officer was that through-
out the entire backpay period, exclusive 'of the national
strike, there were more employees on 'the payroll than
the number of discriminatees. Accordingly, ' he assumed
that there was work available for each discriminatee
during the entire period, including the 3 weeks in Sep-
tember 1981. Although the Respondent did offer some
testimony that the mine was not in operation, the general
conclusion testified to by the compliance officer was not
rebutted. There is no credible evidence that there was
not sufficient work for all the discriminatees: Indeed,
Davis testified that he might even have hired new em-
ployees-during the' move: "It's possible I could" have, I
don't know." In any event, there was work for each of
the -discriminatees, albeit moving rather than mining.
There is no substantial evidence to support the Respond-
ent's' contention that the 3-week period in September
should be excluded from the backpay period.
Similarly, the Respondent maintains that the period ex-
cluded from the backpay'period during the national coal
strike should be extended by 2 weeks on grounds that
some o'r"all".of the discriminatees would not have been
called for work at the conclusion of the strike. There is
siiriply.insufficient evidence to establish which, if any, of
the discriminatees would have been recalled immediately
and which would have been recalled later absent the Re-
spondent's unfair labor practices. In view of this, I, must
resolve the ambiguity in favor of the claimants against
the Respondent and conclude that the excluded period
should be only the duration of the national coal strike
and not extended for some arbitrary period. -
DAVIS COAL CO 725
C. Charles Fillinger
Charles Fillinger testified that, shortly after his dis-
charge, he obtained employment and earned in the
month of December 1980 $2108.64. Interim earnings
credited against his gross backpay for the fourth quarter
1980 was $315 89. The Respondent contends that it
should be given credit for the full sum of $2108.64 based
on Fillinger's testimony
The record in this regard is somewhat ambiguous;
however, it does appear that the earnings to which Fil-
linger testified were not entirely paid in December, inas-
much'as his employer paid every 2 weeks with a 1- or 2-
week holdback The $315.89 amount was derived from
social security records which I find accurately reflect the
amount that Fillinger was actually paid in December
1980. The remainder was paid in January 1981 and is in-
cluded in-interim earnings in the first quarter of 1981. I
conclude, based on the record before me, that in fact the
Respondent has been given the full credit for Fillinger's
interim earnings in December 1980 and that it is appro-
priate to subtract interim earnings based on the quarter
in which they are paid rather than the quarter in which
they are earned.
D. Unemployment Compensation
The Respondent contends that any • unemployment
compensation received by the discrimmatees should be
set off against its backpay liability. It is accepted Board
policy that unemployment compensation is not a setoff
and therefore at the hearing the Respondent was fore-
closed from interrogating the employees concerning this
matter. See Cal-Pacific Furniture Mfg. Co., 221 NLRB
1244 (1975).
E. Willful Loss of Earnings
- The Respondent argues that Jackie Spaulding, Ray-
mond Fillinger, Kessler Marcum, Jesse Muncy, Ernest
Sturgill, and Bobby Marcum suffered a willful loss of in-
terim earnings in that they did not make any"significant
effort to seek employment during the backpay period".
and therefore no backpay should be awarded to them.
Each was interrogated by counsel for the Respondent
on this issue. Though the testimony was, at best, summa-
ry, each testified that he had in fact filed applications for
employment with several employers (and not exclusively,
mines) in the general area of his residence and in some
cases beyond Although none was able to state with
specificity which employer he contacted on any particu-
lar day during the entire period of the backpay, I,am sat-
isfied, based-on my observation of their demeanor, that
these individuals in fact made serious efforts to obtain
employment throughout the backpay period. I conclude'
that none in fact suffered any willful loss of earnings.
Other than through the testimony of these individuals;
the Respondent brought forth -no evidence that any of
the discriminatees in fact- did 'not make- a-. reasonable
effort to seek interim employment The burden is'on the
employer to prove the willful loss or failure to take de-
sirable new employment Southern 'Household Products
Co., supra. The Board holds that this burden is not met
by merely showing a lack of success in obtaining an in-
terim job or low earnings from those jobs that were ob-
tained. See Clear Pine Mouldings, 268 NLRB 1044 (4983).
Again it must be kept in mind that the 13 individuals
named in the backpay specification lost their jobs be-
cause the Respondent violated Federal labor laws. It is
the ' Respondent's wrongdoing that is' the core of- this
matter and it is'that wrongdoing which is sought to 'be"
remedied by the backpay specification. Thus; reasonable
-.presumptions must be found in favor of the discrimina-
tees, recognizing that total accuracy is rarely possible.
Further, absent fraud or deceit, of which there is no evi-
dence here, backpay will not be denied even where there
may be some question conerning interim earnings. Big
Three Industrial Gas Co., 263 NLRB 1189 (1982). Given
these standards and the lack of credible evidence that the
named discriminatees, or any of the others, failed to look
for work, I conclude this defense is unmeritorious.
I conclude that the backpay specification is based on a
reasonable and 'accepted formula, that the calculations
therein are correct,' and that each claimant's entitlement
to backpay should not be reduced based on the Respond-
ent's several assertions concerning lack of work, that it
-would not have paid bonuses in any event, or that these
individuals willfully refused or failed to seek interim 'em-.
ployment.2
ORDER .
On the foregoing findings of fact, and conclusions of
law, and the entire record in this matter, it is ordered
that the Respondent, Davis- Coal Company, its officers,
agents, successors, and assigns, shall pay to each individ-
ual listed below the amounts" set opposite his 'respective
name, less appropriate withholding required by: Federal
and state law. This sum includes interest from the end of
the particular quarter for which backpay was calculated
until June 2, 1982, the date the Respondent filed its bank-
ruptcy petition. The Respondent made no contention
concerning interest. Therefore, the rate, the calculations,
and 'the ending date are assumed to be accurate under
current Board policy:
.Fred Fitchpatrick $13,167.17
Jackie Spaulding 23,546 94
Charles Conley 13,485 23
Charles,Fillinger 11,585.18
Raymond Fillinger _ 17,61994-
Cecil Marcum-, - , , 28,487.80 . +,
Kessler Marcum 25,461.13 - -
James Moliett 14,474.02
Bill Muncy, • , 25,986.51
Jesse Muncy . , 27,417.34
' The Respondent did not object to the mathematical "computations set
forth on the backpay specification and therefore no, independent 7 analysis
of these has been.made
2 If'no exceptions are filed as provided by .Sec .102 46 of the Board's
Rules and Regulations, the ftndings,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
726 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
Ernest Sturgill 14,374.07 APPENDIX
Roger Williams 13,975.80
Bobby Lee Marcum 14,208.06
Bill Hall 849.10
FRED FITCHPATRICK
Calendar Weekly Earni
Quarter Number of We
ngs - Coal Bonus
eks (1980)
Gross
Backpay
Interim
Earnings Net Backpay Interest _ Total
1980-4- ($457.28 x 4 6) $207 01 `$2310.50 0 . $2310.50. $ 472.27 $ 2782.77
1981-1 ( 434.84 x 10.6) - 4609.30 0 4609.30 805.24 ' 5414.54
1981-2 ( 434.84 x 4 2) - 1826 33 0 1826.33 264.45 2090.78
Total - 0 $8746.13 $154196 $10,288.09
Subtotal - + Other 1980 Bonuses + Interest Total Backpay Due
Fitchpatnck
$10 288 09 $1247 77 $255 04, . . .
JACKIE SPAULDING
$11,790 90
Calendar
Quarter
Weekly Earnings
Number of Week's
- Coal Bonus
(1980)
Gross . Interim
Backpay Earnings Net Backpay • Interest - Total
1980-4 ($496.89 x 4.6) $192.91 $2478 60 0 $ 2478.60 $ 506 63 $ 2985.23
1981-1 ( 486.36 x 10.6) 0, 5155.42 •0 5155.42 90065 6056 07
1981-2 ( 486.36 x 3.2) - 0 1556.35 -0 1556.35 225.36 '1781171
1981-3 ( 486.36 x 13.2) 0 6419.95 0 6419.95 '735 73 7255 68
1981-4 ( 486 36 x 12.6) 0 6128 14 ' 0 6128.14 517.22 ' 6645 -36
Total $21,738.46 0 $21,738.46 $2885 59 $24,724 05'
Subtotal - -} . Other 1980 Bonuses
$24,724.05 $1165 51-
Interest • Total-Backpay Due Spaulding
$238.23 $26,127.79
CHARLESCONLEY
Calendar
Quarter
Weekly Earnings Coal Bonus
Number of Weeks (1980)
Gross
Backpay
Interim
Earnings Net Backpay Interest Total
1980-4 ($471 80 x 6.6) $254.40 53368.28 $ 315.89 $ 3052.39 $623.91 $ 3676.30
1981-1 (455.39 x-10.6) 0 4827.13 5448.72' 0 .0 `0
1981-2 ., . ( 455.39 x 3.2) 0 ' ' 1457.25 1644.90' • 0 0 0
1981-3 (455 .38 x 13 2) 0 6011.15 5076.081 935 .07 107 16 1042 23
1981-4 (455 39 x 12 6) 0 5737 91 5573 86 164 .05 13.85 177.90
Total $21,401.72 $18,059.45 •- ` $4151.51 -$74492 $4996 43
Subtotal + Other 1980 Bonuses + • Interest
$4896;43 $1133.43, $231.67 $6261.53
1 Conley was, employed by Horizon Mmntng Company, 1517 Reisterstown Road, Baltimore, Maryland;from 1 January 1981 to 8
August 1981 where he received gross earnings totaling $9869.37. During that period Conley actually worked 19.2 weeks for average
weekly earnings of $514.03.
CHARLES FILLINGER
Calendar
Quarter
Weekly Earnings - Coal Bonus
Number of Weeks (1980)
Gross
Backpay
. Interim
Earnings Net Backpay- `;'Interest Tot'al'
1980-4 - , ` ($514 48 x •6.6) $223.52 " . $3619.09 $331.78 $3287.31 • $671.93 '$3959.24
1981-1 , ^( 497 82 x 10.6) 0
,
5276 89 5629 552 0 - -„ ''0 0
1981-2 ( '497.82 x 3.2)' . 0' 1593.02 ; 1699 492, 0 . 0 0
1981-3 (497.82 x 13.2) , 0 , . 6571.22 j• 7010392 0 `0 ' 0
1981-4 -;(497.82 x 12.6) 0 6272 53 6691.752 0 '0 0
Total $23;332.75 $21,362.94 $3287.31 $671.93 $395924
Total Backpay Due Conley
DAVIS COAL CO. 727
Subtotal + Other 1980 Bonuses + Interest Total Backpay Due C. Fillinger
$3959.24 $456.50 $93.31 $4509.05
2 Fillinger was employed by M & D Mining Co., Inc., P. 0. Box 22528, Louisville, Kentucky, from 1 January 1981 to 31
December 1981 where he received gross earnings totaling $21,137.53. During that period Fillinger actually worked 39.8 weeks for
average weekly earnings of $531.09.
RAYMOND FILLINGER
Calendar
Quarter
Weekly Earnings
Number of Weeks
Coal Bonus
(1980)
Gross
Backpay
Interim
Earnings Net Backpay Interest Total
1980-4 ($519.84 x 6.6) $253.86 $3684.80 $ 0 $ 3684.80 $ 753.17 $ 4437.97
1981-1 ( 504.84 x 10.6) 0 5351.30 0 5351.30 935.41 6286.71
- 1981-2 ( 504.84 x 3.2) 0 1615.49 546.47 1069.02 154.79 1223.81
1981-3 ( 504.84 x 13.2) 0 6663.88 6011.15 651.85 74.70 726.55
1981-4 ( 504.84 x 12.6) 0 6360.98 5737.91 623.07 52.59 675.66
Total $23,676.45 $12,295.53 $11,380.04 $1970.66 $13,350.70
Subtotal + Other 1980 Bonuses + Interest Total Backpay Due R.
Fillinger
$13,350.70 $647.50 $132.35 $14,130.55
CECIL MARCUM
Calendar
Quarter
Weekly Earnings
Number of Weeks
Coal Bonus
(1980)
Gross
Backpay
Interim
Earnings Net Backpay Interest Total
1980-4 ($532.53 x 8.4) $254.70 $4727.00 $0 $ 4727.95 $ 966.39 $ 5694.00
1981-1 ( 516 .90 x 10.6) 0 5479.00 0 5479.14 957.75 6436.00
1981-2 ( 516.90 x 3.2) 0 1654.00 36.57 1617.51 234.22 1851.00
1981-3 ( 516 .90 x 13.2) 0 6823.00 1718.64 5104.44 584.97 5689.00
1981-4 ( 516.90 x 12.6) 0 6512.00 1640.52 4872.42 411.23 5 283.00
Total $25,197.19 $3395.73 $21,801.46 $3154.56 $24,956.00
Subtotal + Other 1980 Bonuses
$24,956.02 $597.30
JAMES MOLL•ETT
Interest Total Backpay Due Marcum
$122.09 $25,675.41
Calendar Weekly Earnings Coal Bonus Gross Interim
Quarter Number of Weeks (1980) Backpay • Earnings Net Backpay Interest Total
1980-4
1981-1
1981-2
1981-3
($525.48 x 4.6)
( 504 . 14 x 10.6)
( 504.14 x 3.2)
( 504 .14 x .6)
Total
$226.03
0
0
0
$2643.24
5343.88
1613.25'
302.48
$9902.85
0
0
0
0
0
$2643.24
5343.88
1613.25
302.48
$9902.85
$ 540.28 $ 3183.52
934.11 ' 6277.99
233.60 1846.85
34.66 337.14
$1742.65 $11,645.50
Subtotal + Other 1980 Bonuses + Interest Total Backpay Due Mollett
$11,645.50 $1182.34 $241.67• $ 13 069 51
BILL MUNCY
, . ,
Calendar
Quarter
Weekly Earnings
Number of Weeks
Coal Bonus
(1980)
Gross
Backpay
Interim
Earnings Net Backpay Interest Total,
1980-4 ($473.05 x 6.6) $274.86 $3396.99 $ 0 $ 3396.99 , $ 694.34 $ 4091.33
1981-1 ( 461 .94 x 10.6)• 0' 4896.56 0
•
4896. 5,6 , z 855 .92 5752.481981-2 ( 461 .94 x 3.2) 0 1478.21 0 1478.21 214.04 1692.25
1981-3 ( 461 .94 x 13.2) 0 6097.61 2247.71 3849.90 441.20 , 4291.10
1981-4 ( 461 .94 x 12.6) 0 . 5820.44 792.50 5027.94 424.36 5452.30
Total $21,689.81 $3040.21 $18,649.60 $2629.86 $21,279.46
728- DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
Subtotal + Other 1980 Bonuses + Interest -
$21,279 .46 $1035.50
T
- JESSE MUNCY
Calendar Weekly Earnings Coal Bonus Gross Interim
Quarter Number, of Weeks (1980) Backpay "Earnings
1980-4 ($481 36 x 6 .6) $213.99 $3390.97 $ 0
1981-1 ( 465 . 88 x 10 6) 0 4938.33- 0 -
1981-2 (465 . 88 x 3 . 2) 0 1490.82 0
1981-3 ( 465 . 88 x 13 . 2) 0 6149.62 0
1981-4 ( 465 . 88 x 12 .6) • - 0 5870 .09 - 1720.00'-
Total $21,839.83 $1720.00
Subtotal + Other 1980 Bonuses
$22,947.05
Calendar - Weekly Earnings Coal Bonus
Quarter Number of Weeks (1980)
1980-4 ($514.86 x 4 .6) $20111
1981-1 ( 501 .76 x 10.6) 0
1981-2 ( 501 .76 x 3.2) 0
1981-3 ( 501 .76 x .6) 0
Total -
ERNEST STURGILL
$211.66
Net Backpay Interest Total
t
$ 3390 . 97 $ 693.11 $ 4084.08
4938 . 33 863 . 22 5801.55
1490.82 ' 215.87 1706.69
6149.62 704 . 75 6854.37
4150.09 350.27 V 4500.36
$20,119 83 $282722 $22 ,947.05
Total Backpay Due B. Muncy
$22,526.62•
Interest Total Backpay Due J. Muncy
$215.34 $24,215.89
Gross Interim
Backpay Earnings
$2569.47 0
5318 66 0
1605.63 0
301.06 0
$9794.82 0
Subtotal + Other 1980 Bonuses
$11,516.72 $ 1193.02 •
Calendar Weekly Earnings Coal Bonus
Quarter, Number of Weeks (1980)
1980-4 ($518.84 x 4 .6) $18499
1981-1 ( 503 84 x 10.6)
1981-2 ( 503.84 x 3.2)
1981-3 ( 503.84 x .6)
Total,
$105350
0
0
ROGER WILLIAMS
Net Backpay Interest Total
$2569 47 $ 525 .20 $ 3094.67
5318.66 . 929.70 _. 6248.36
1605.63 232.50 1838.13
301.06 34 . 50 335 56
$9794 . 82 $1721.90 $11,516.72
Interest Total Backpay Due Sturgill
$243 85 $12,953.59 - '
Gross Interim
Backpay Earnings
$2571.65 0
5340.70 0
1612 29 0
302 30 0
$9826.94 0
Subtotal + Other 1980 Bonuses
$11,545.10 $1169 44
BOBBY LEE MARCUM
Net Backpay Interest . Total
$2571 .65 $ 525 . 64 $ 3097.29
5340.70 933 . 55 6274.25
1612.29 - 233.46 . 1845.75
302.30 25 . 51- 327.81
$982694 $1718 . 16 - $11,545.10
Interest Total Backpay Due Williams
$239.03 $12,953.57 - -
Calendar Weekly Earnings Coal Bonus Gross • Interim
Quarter ' -- Number of Weeks (1980) Backpay Earnings
1980-4 ($535.71 x 4 .6) $202.76 $2667.03 0
1981-1 ( 513.71 x 10.6) 0 5445.33 0
1981-2 ( 513.71 x 3.2 ) 0 1643.87 0
1981-3 ( 513 .71 x .6)) 0 308.23. 0
Total $10,064.46 0
Net Backpay Interest - Total
$ 2667 03 $ 545 . 14 $ 3212.17
5445 . 33 951 . 84 6397.17
1643.87 238.03 11881.90
308.23 35.32 •343.55
$10,064 .46 $1770.33 $11,834.79
i
I
DAVIS COAL - CO. 729
Subtotal + Other 1980 Bonuses + Interest Total Backpay Due Marcum
$11,834 79 - $882 56 $180 .40 $12,897 75
BILL HALL
1980 Christmas Bonus + Wages Withheld + Interest Total Backpay Due Hall
$225.00 $480.00 $144 . 10 . $849.10