281 N.L.R.B. 344 (N.L.R.B. 1986)

Ricks Construction Company, Inc.

National Labor Relations Board - Board DecisionsSep 9, 1986

281 N.L.R.B. 344 (N.L.R.B. 1986)

344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ricks Construction Company, Inc. and General Teamsters & Food Processing Local Union No. 87, international Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Case 31-CA-9922 9 September 1986 SECOND SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN AND BABSON On 28 September 1984 the National Labor Rela- tions Board issued a Supplemental Decision and Order' in this proceeding , ruling on the General Counsel 's Motion for Summary Judgment on a backpay specification prepared pursuant to a 1981 Decision and Order.2 The Board granted the Gen- eral Counsel's motion as to all of the backpay spec- ification allegations except those concerning the named discriminatees ' interim earnings . The Board remanded the case to the Regional Director for Region 31 for him to arrange a hearing before an administrative law judge limited to determining the discriminatees' interim earnings. On 24 April 1985 Administrative Law Judge Russell L. Stevens issued the attached supplemental decision. The Respondent filed exceptions and a supporting brief, and the General Counsel filed an answering brief, exceptions, and a supporting brief. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Board has considered the supplemental deci- sion and the record in light of the exceptions and briefs and has decided to affirm the judge 's rulings, findings, and conclusions and to adopt the recom- mended Order as modified.3 ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Re- spondent, Ricks Construction Company, Inc., Ba- kersfield, California, its officers , agents, successors, and assigns, shall take the action set forth in the Order as modified. 272 NLRB 424 (1984). ' 259 NLRB 295 (1981), s We shall modify the judge's recommended Order to more clearly identify the unavailable dlscrimmatees for whom the Regional Director shall establish an escrow account . We shall also modify the Order pursu- ant to our decision in Starlite Cutting, 280 NLRB 1071 (1986). Accord- ingly , the backpay awards to unavailable discriminatees Alain Alonzo, Ron Gibson , and David S . Meyer shall lapse at the end of the 1-year escrow period that the Order establishes in the event the General Coun- sel has failed to locate the dlscnminatees by that time Substitute the following for the second para- graph of the administrative law judge 's recom- mended Order: The Respondent shall pay to the Regional Director for Region 31 the net backpay set out in Appendix A of the judge 's decision next to the names of Alain Alonzo , Ron Gibson, and David S . Meyer. The Regional Director shall place this backpay in escrow for a period not exceeding 1 year from the date of this Second Supplemental Decision and Order to afford the General Counsel an opportunity to locate and examine these employees as to their interim earnings . Should the Regional Director deter- mine that deductions are warranted, the amount so deducted shall be returned to the Respondent and the remainder paid to the em- ployee. In the event the General Counsel at the end of the 1 -year escrow period has failed to locate any of the employees, the awards for the employees not located shall lapse and the full net backpay amount for those employees shall be returned to the Respondent. Arthur Yuter, Esq., for the General Counsel. Norman F. Jones, Esq. (Jones, Jones & Jones), of San Simeon, California, for the Respondent. SUPPLEMENTAL DECISION STATEMENT OF THE CASE RUSSELL L. STEVENS, Administrative Law Judge. On 23 June 1981 Administrative Law Judge Gerald A. Wacknov issued his decision in the above-captioned case. On 16 November 1981 the National Labor Relations Board (the Board) affirmed the rulings , findings, and conclusions and adopted the recommended Order of Ad- ministrative Law Judge Wacknov.1 The Order stated, inter alia: (a) Offer to the striking employees for whom the Union made unconditional application to return to work on about March 20, 1980, immediate and full reinstatement to their former positions or, if such positions no longer exist , to substantially equivalent positions , discharging if necessary any replacements, without prejudice to their seniority or other rights previously enjoyed, and make then whole for any loss of pay or other benefits suffered by reason of the discrimination against them in the manner de- scribed above in the section entitled "The Remedy." On 11 May 1982 the United States Court of Appeals for the Ninth Circuit entered its judgment enforcing the Board's Order of 16 November 1981. 1 259 NLRB 295. 281 NLRB No. 44 RICKS CONSTRUCTION CO. On 25 May 1984 the General Counsel filed with the Board a Motion for Summary Judgment and supporting documents, in response to Respondent 's answer of 27 April 1984 to the backpay specification filed by the Gen- eral Counsel on 17 April 1984. On 29 May 1984 the Board ordered Respondent to show cause , in writing, why the General Counsel's motion should not be granted . The Board issued an Order dated 28 September 1984 stating, inter alia, "the General Counsel 's Motion for Summary Judgment as to all allegations in the backpay specification e`lcept the amounts of interim earnings is granted." The matter sub- sequently was referred to me for hearing , on the sole issue of interim earings . The hearing was held 24 January 1985 in Bakersfield, California, and 14 March 1985 in San Luis Obispo, California All parties were afforded full opportunity to appear, to examine and cross-examine witnesses, to argue orally, and to file briefs . The General Counsel waived the Ming of a written brief, and presented an oral closing argu- ment. Counsel for Respondent was given until 15 April 1985 to file a written brief, but a brief was not, filed. Issue The issue is whether the backpay specification of the General Counsel erroneously fails to include interim earnings of employees named in the specification pursu- ant to the Board 's Order of 28 September 1984. On the entire record and from my observation of the witnesses and their demeanor, I make the following FINDINGS OF FACT AND CONCLUSIONS OF LAW I. INTERIM EARNINGS A. Counsel for Respondent introduced no evidence of unreported interim earnings for the following employees, who are entitled to backpay in the principal sums set after then names: Alain Alonzo 2$ 2,569.32 Sammy L Butler 31,368.65 Ralph E. Cherry 11,363.76 Curtis L. Gault 1,994.16 Ron Gibson 834,957.35 Nelson E. Harris 6, 713.53 Wayne M. Johnson 50,585.24 David S. Meyer 41,110.72 Kevin P . Milliken 454.77 Calvin Rogers 1,402.93 Stephen A. Tull 20,282.83 B. An unopposed amendment5 was made by the Gen- eral Counsel in the claim of Mike Gibson , reducing his claim from $35,637.62 to $33,804.82. Counsel for Re- spondent introduced no evidence of unreported interim earnings , and Mike Gibson is entitled to backpay in the principal sum of $33,804.82. C. A minor, unopposed amendment was made by the General Counsel in the claim of Jerry Morgantini, reduc- ing his claim from $7516.94 to $7426 .94. Counsel for Re- 5 The General Counsel and Respondent stipulated that the specifica- tion figure for Mike Gibson was adjusted to read $33,804.82. 345 spondent introduced no evidence of unreported interim earnings , and Morgantini is entitled to backpay in the principal sum of $7426.94. D. The claims of Barry and Larry LeFever substan- tially were reduced, respectively from $51,010.32 and $53,050.69 to $9225 .79 and $10,457.95. Those reductions were made by unopposed amendment submitted by the General Counsel . Counsel for Respondent introduced no evidence of unreported interim earnings applicable to the reduced figures of $9225 .79 for Barry LeFever and $10,457 .95 for Larry LeFever, and the two LeFevers are entitled to backpay in the two principal amounts. E. Roy Dean testified at length relative to his interim earnings . His testimony differed somewhat from the earnings he reported to the General Counsel , which re- ports formed the basis for the backpay specification pre- pared by the General Counsel . Those differences have been carefully considered. It was apparent from Dean's testimony that his memory has faded over the years that have passed since the reports were completed. He could not recall at trial the dates of his employment, or amounts earned, with any degree of certainty or accura- cy. The confusion is understandable, in view of the spo- radic and unstructured nature of his part-time jobs, and the lapse of time since he performed them . On the other hand, Dean testified that he reported all his earnings at the time of their occurrence, and that he submitted all required quarterly reports in the manner he understood they were to be made . Dean testified that he understood the General Counsel 's reporting forms as requiring dis- closure of earnings only from business entities and not from individuals . However, he also testified that he re- ceived some money for odd jobs done for individuals, to- taling approximately: $600 or $700 in calendar year 1980; $600, $700, or $800 in calendar year 1981 ; less than $600 or $700 in calendar year 1982 ; and approximately $200 in calendar year 1983 . Further , he testified that those amounts were included in the amounts he submitted to the General Counsel . Later, when Respondent ques- tioned Dean about specific employers , hours worked, and amounts he was paid, Dean replied to almost every question that he did not remember , and repeatedly stated that he filled out reports at the proper times , and advised the General Counsel as required , concerning those de- tails. On cross-examination , Dean stated, "I put down whatever I made and who I worked for." He said his re- ports were accurate , if they differed from his testimony, because they were completed promptly after working. Dean was a credible witness, and Respondent intro- duced no evidence or testimony to show interim earnings that are not reflected in the General Counsel's specifica- tion. Dean testified that he was incarcerated "a few days" in 1981 , and "less than 30 days" in 1982 , but that fact does not invalidate any portion of the specification. Dean credibly testified that he worked only sporadically, and for short periods of time , as he was unable to find regular, full-time employment . There is no way to deter- mine from the record whether his brief incarceration interfered with his odd jobs. Any uncertainty in Dean's 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD testimony is resolved against Respondent , who was the initial wrongdoer.6 It is found that Dean is entitled to backpay in the prin- cipal sum of $33,867.68. F. It is found that no employee willfully concealed in- terim earnings or unavailability for work, and that Re- spondent failed to meet its burden of proof that any or all employees named in the specification , as amended, is or are not entitled to the claimed amounts, as amended. H. BACKPAY ENDING DATE The specification is based on a closing date as of the second quarter 1983. At trial, Respondent introduced letters dated 4 April 1980 written by Respondent and addressed to employees named in the specification , reading as follows: Dear Employee: This is to advise you, if you did not already know, that we have received written notice from the Union that the picket line has been removed from the Elk Hills project our firm works on for Williams Brothers. If you left your work because of the pickets or because of the labor dispute or of the damanges [sic] done by some of the employee pickets, your position is still open and avaliable . (You might be assigned to another crew of work on another project that you were not working on when you left work). You should report to the Elk Hills work area when you are again available for work. Should you have any questions, please call the undersigned. Respondent contends that , because the letters constituted an unconditional offer of reinstatement , backpay should be limited to the date of the letters , i.e., 4 April 1980. That argument has no merit. First, this subject is precluded as an issue. In its Sup- plemental Decision and Order of 28 September 1984 the Board stated , inter alia: The Respondent's answer also states that it gave notice to employees that positions were available after the strike and that some employees returned to work while others did not. However, these issues were the subject of the underlying unfair labor practice proceeding and were litigated and express- ly determined in that proceeding .6 [Footnote omit- ted.] Further , Respondent did not produce copies of the let- ters until 14 March 1985 almost 5 years after they were written. Second , the letters do not constitute an unconditional offer of reinstatement . They imply such an offer, but in reality are more a statement of job availability than an unconditional offer. Third, although proof of mailing the letters is in evi- dence, there is no proof of their receipt, other than in the case of one or two employees. Finally, employees Cherry and Dean credibly testified that they reported for work after the strike was over, but were told there were no job openings . Although those matters are not determinative of any issue, it is noted that no other witness was questioned by Respondent about the letters or any other matter relating to reinstate- ment . There is no indication in the record that, had em- ployees gone to Respondent , they would have been rein- stated pursuant to the letters. III. THE BACKPAY PERIODS AND AMOUNTS Based on the record , it is found that the obligation of Respondent under the Board 's Order, as enforced by the United States Court of Appeals for the Ninth Circuit, is in the amounts, and for the periods, set forth in Appen- dix A, attached hereto and by this reference made a part hereof. On these findings of fact and conclusions of law and on the entire record , I issue the following recommended SUPPLEMENTAL ORDER The Respondent, Ricks Construction Company, Inc., Bakersfield , California, its officers, agents, and assigns, shall pay the employees named in Appendix A the amounts of money set opposite their names for the peri- ods of time shown, plus interest computed in the manner set forth in Florida Steel Corp., 231 NLRB 651 (1977),' less tax withholdings required by Federal and state laws. IT IS FURTHER RECOMMENDED that Ricks Construction Company, Inc. be ordered to place in an escrow account with an agent approved by the General Counsel, the amounts shown in Appendix A, plus interest as aforesaid, set opposite the names of individuals whose whereabout presently are not known . If and when such missing indi- viduals are found, Respondent and the General Counsel will examine them relative to their interim earnings, and the General Counsel will determine amounts, if any, that properly are deductible from the backpay amounts shown in Appendix A. All money not distributed within 1 year from the date of the Board 's Order shall be re- turned to Respondent . The total principal sum of back- pay awards is $257 , 586.44. 6 Inland Empire Meat Co., 255 NLRB 1306 (1981) 1 See generally Isis Plumbing Co., 138 NLRB 716 (1962). RICKS CONSTRUCTION CO. 347 APPENDIX A 1 2 3 4 5 6 7 8 9 10 11 Name Avg. Bacd Yr./Qtr. P/W Alain Alonzo, 3/20/80 to 6/2/80. 1980/1 .............. 37.7 6.50 1.6 392.08 1980/1 .............. 37.7 6.50 13 3, 185.65 1980/3 .............. 37.7 6.50 13 3, 185.65 1980/4 .............. 37.7 6.50 5 3,303.27 6.89 8 1981/1 .............. 37.7 6.89 13 3,376.79 1981/2 .............. 37.7 6.89 13 3,376.79 Rate No. Gross P/H Wks. Backpay 1980/1 .............. 36.6 $6.50 1.6 S 380.64 0...................... 0 0 $ 380.64 3/20/80 to 1980/2 .............. 36.6 6.50 9.2 2, 188.68 0...................... 0 0 2,188.68 6/2/80. Sammy L. Butler, 3/20/80 to 3/26/83. Ralph E. Cherry, 3/20/80 to 1/15/81. Gross, Interim and Employer 0 ...................... 0 0 392.08 0 ...................... 0 0 3, 185.65 0 ...................... 0 0 3, 185.65 0 ...................... 0 0 3,303.27 $ 2,569.32 31,368.65 0 ...................... 0 0 3,376.79 $ 1,400.25 O- 0 1,400.25 1,976.54 Par Pipeline Construc- tion. 1981/3 .............. 37.7 6.89 13 3,376.79 0...................... 0 0 3,376.79 1981/4 .............. 37.7 6.89 13 3,376.79 0...................... 0 0 3,376.79 1982/1 .............. 37.7 6.89 13 3,376.79 0...................... 0 0 3,376.79 1982/2 .............. 37.7 6.89 13 3,376.79 2,296.25 O- 0 2,296.25 1,080.54 Par Pipeline Construc- tion. 1982/3 .............. 37.7 6.89 13 3,376.79 2, 183.87 O- 0 2,183 .87 1,192.92 Par Pipeline Construc- tion. 1982/4 .............. 37.7 6.89 13 3 ,376.79 1 ,458.87 O- 0 1,458.87 1,917.92 Par Pipeline Construc- tion. 1983/1 .............. 37.7 6.89 5 3 ,212.04 1,665.12, O- 80.00 1,585 . 12 1,626.92 7.25 7 Par Pipeline Construc- tion. .................................................................................................................................................................................... 11,363.76 1980/1 .............. 39.5 6.50 1.6 410.80 0...................... 0 0 410.80 1980/2 .............. 39.5 6.50 13 3,337.75 0...................... 0 0 3,337.75 1980/3 .............. 39.5 6.50 13 3,337.75 0...................... 0 0 3,337.75 1980/4 .............. 39.5 6.50 5 3,460.99 0...................... 0 0 3,460.99 6.89 8 1980/1 .............. 39.5 6.89 3 816.47 0...................... 0 0 816.47 Ex- Netrim Net Total Netpen am Earnings Backpay Backpay 348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A-Continued 1 2 3 4 5 6 7 8 9 10 11 Name Avg. Backpay Yr./Qtr. Hrs. Period P/W Roy E. Dean, 3/20/80 to 4/3/83. Rate No. Gross P/H Wks. Backpay Gross, Interim Earnings, and Employer $33,867.68 1980/1 .............. 36.6 6. 50 1.6 $ 380.64 0...................... 0 0 $ 380.64 1980/2 .............. 36.6 6.50 13 3,092 .70 0...................... 0 0 3,092.70 1980/3 .............. 36.6 6.50 13 3,092.70 0...................... 0 0 3,092.70 1980/4 .............. 36.6 6 . 50 5 3 ,206.89 0...................... 0 0 3,206.89 6.89 8 1981/1 .............. 36.6 6.89 13 3,278.26 0...................... 0 0 3,278.26 1981/2 .............. 36.6 6.89 13 3,278.26 0...................... 0 0 3,278.26 1981/3 .............. 36.6 6.89 13 3,278.26 0...................... 0 0 3,278.26 1981/4 .............. 36.6 6 . 89 13 3,278 .26 0...................... 0 0 3 ,278.26 1982/1 .............. 36.6 6.89 13 3,278.26 $275 Mary 0 $1,635.00 1,643.26 Brown, 240 Roger Williams, 1,120 Oscar Dean. 1982/2 .............. 36.6 6.89 13 3,278.26 1,600 Oscar 0 1,600.00 1,678.26 Dean. 1982/3 .............. 36.6 6.89 13 3,278 .26 2,280 Willie 0 2,280 .00 998.26 Lee. 1982/4 .............. 36.6 6.89 13 3 ,278.26 0...................... 0 0 3,278.26 1983/1 .............. 36.6 6.89 5 3,383.67 0...................... 0 0 3,383.67 7.25 8 Curtis L. .................................................................................................................................................................................... 1,994.16 Gault, 3/20/80 to 6/20/80. Mike Gibbson, 3/20 to 3/28/83. 1980/1 .............. 42.0 7.83 1.6 526 . 18 0...................... 0 0 526.18 1980/2 .............. 42.0 7.83 3.2 1,052.35 0...................... 0 0 1,052.35 1980/2 312.5 1.33 - 415.63 NA ................. NA NA 415.63 4/23/80- 6/20/80. .................................................................................................................................................................................... 33,804.82 1980/1 .............. 42.0 6.50 1.6 436.80 0...................... 0 0 436.80 1980/2 .............. 42.0 6.50 13 3,549.00 871.90 Stan's 32.00 839.90 2,709.10 Car Wash. 1980/3 .............. 42.0 6.50 13 3,549.00 1,000.14 40 .00 960 . 14 2,588.86 Stan's Car Wash. 1980/4 .............. 42.0 6.50 5 3,680.04 686.04 Navy 60.00 626 .04 3,054.00 6.89 8 Oil Truck Stop. 1981/1 .............. 42.0 6.89 13 3,761.94 1,955.61 0 1,955.61 1,806.33 Navy Oil Truck Stop. 1981/2 .............. 42.0 6.89 13 3,761.94 2,060 . 89 0 2,060.89 1 ,701.05 Navy Oil Truck Stop. Ex- In ertim Net Total Netpenes Earnings Backpay Backpay RICKS CONSTRUCTION CO. 349 APPENDIX A-Continued 1 2 3 4 5 6 7 8 9 10 11 Name Avg. Backpay Yr./Qtr. Hrs. P/W Rate No. Gross P/H Wks. Backpay Gross, Interim Earnags, Employer Net Total NetEx- Interimpenses Earnings Backpay Backpay 1981/3 .............. 42.0 6.89 13 $3,761.94 $2,202.56 $25.00 $2,177,56 $1,584.38 Navy Oil Truck Stop. 1981/4 .............. 42.0 6.89 13 3,761.94 0...................... 0 0 3,761.94 1982/1 .............. 42.0 6.89 13 3,761.94- 462.40............. 0 462.40 3,299.44 Self- Em- ployed 1982/2 .............. 42.0 6.89 13 3,761.94 0...................... 0 0 3,761.94 1982/3 .............. 42.0 6.89 13 3,761.94 0...................... 0 0 3,761.94 1982/4 .............. 42.0 6.89 13 3,761.94 100.00 Self- 55.00 573.00 3,188.94 Em- ployed, 528.00 Wright's Drilling & Blasting. 1983/1 .............. 42.0 6.89 5 3,882.90 1,732.80 0 1,732.80 2,150.10 7.25 8 Self- Employed. Ron Gibbson, 3/20/80 to 4/4/83. $34,957.35 1980/1 .............. 32 .4 6.50 1 .6 336.96 0...................... 0 0 336.96 1980/2 .............. 32.4 6.50 13 2,737.80 0...................... 0 0 3,737.80 1980/3 .............. 32.4 6.50 13 2 ,737.80 0...................... 0 0 3,737.80 1980/4 .............. 32.4 6.50 5 2,838.89 0...................... 0 0 2,838.89 6.89 8 1981/1 .............. 32.4 6.89 13 2,902.07 0...................... 0 0 2,902.07 1981/2 .............. 32 .4 6.89 13 2,902.07 0...................... 0 0 2,902.07 1981/3 .............. 32 .4 6.89 13 2,902.07 0...................... 0 0 2,902.07 1981/4 .............. 32.4 6.89 13 2,902.07 0...................... 0 0 2,902.07 1982/1 .............. 32.4 6.89 13 2,902.07 0...................... 0 0 2,902.07 1982/2 .............. 32.4 6.89 13 2,902.07 0...................... 0 0 2,902.07 1982/3 .............. 32.4 6 .89 13 2,902.07 0...................... 0 0 2,902.07 1982/4 .............. 32.4 6,89 13 2,902.07 0...................... 0 0 2,902.07 1983/1 .............. 32.4 6 .89 5 2,995.38 0...................... 0 0 2,995.38 7.25 8 1983/2 .............. 32.4 7 .25 0.4 93 .96 0...................... 0 0 93.96 Nelson E. Harris, 3/20/80 to 4/4/83. 6,713.53 1980/1 .............. 36.6 6.50 1.6 383.76 30.87 Sun 3.50 237.37 146.39 Valley Oil Co., 210.00 Sharps OR Service. 1980/2 .............. 36.9 6.50 13 3, 118.05 Interim 0 0 0 Earnings Exceed Backpay. 350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A-Continued 1 2 3 4 5 6 7 Name Avg. Backpay Yr./Qtr. Hrs. Period P/W Wayne M. Johnson, 3/20/80 to 5/2/83. Rate No. Gross P/H Wks. Backpay Groan, Interim Earnings, and Employer 1980/3 .............. 36.9 6 . 50 13 $3,118 .05 Interim Earnings Exceed Backpay. 1980/4 .............. 36.9 6.50 5 3,233 . 18 Interim 6.89 8 Earnings Exceed Backpay. 1981/1 .............. 36.9 6.89 13 3,305 . 13 Interim Earnings Exceed Backpay. 1981/2 .............. 36.9 6.89 13 3,305.13 Interim Earnings Exceed Backpay. 1981/3 .............. 36.9 6.89 13 3 ,305.13 Interim Earnings Exceed Backpay. 1981/4 .............. 36.9 6 .89 13 3,305.13 $ 1,050 Kalco. 1982/1 .............. 36 .9 6.89 13 3,305 . 13 2,304.63 Kalco. 1982/2 .............. 36.6 6.89 13 3,305 . 13 940. 88 Kalco 125.13- Sun Valley Oil Co.. 1982/3 .............. 36.9 6. 89 13 3,305.13 2,348.39 County of Kern. 1982/4 .............. 36.9 6.89 13 3 ,305.13 Interim Earnings Exceed Backpay. 1983/1 .............. 36.9 6.89 5 3,411 .41 Interim 7.25 8 Earnings Exceed Backpay. 1983/2 .............. 36.9 7.25 0.4 107.01 Interim Earnings Exceed Backpay. 1980/1 .............. 37.7 8. 14 1.6 491 .00 0...................... 1980/2 .............. 37.7 8.14 13 3,989 .41 0...................... 1980/3 .............. 37.7 8.14 13 3,989 .41 0...................... 1980/4 .............. 37.7 8.14 5 4,134.80 0...................... 8.73 8 1981 /1 .............. 37.7 8.73 13 4,278.57 0...................... 1981.2 ............... 37.7 8 .73 13 4,278 .57 0...................... 1981/4 .............. 37.7 8.73 13 4,278 . 57 0...................... 1982/1 .............. 37.7 8.73 13 4,278 .57 0...................... 1982/2 .............. 37.7 8.73 13 4,278.57 0...................... 1982/3 .............. 37.7 8.73 13 4,278.57 0...................... 8 9 10 11 Ex- Interim Net Total Netpenses Earnings Backpay Backpay 0 0 0 0 0 0 $61.50 $ 988.50 $2,316.63 14.15 2,290.48 1 ,014.65 28.80 1 ,037.21 2,267.92 11.20 2 ,337.19 967.94 $50,585.24 0 0 491.00 0 0 3,989.41 0 0 3,989.41 0 0 4,134.80 0 0 4,278.57 0 0 4,278.57 0 0 4,278.57 0 0 4,278.57 0 0 4,278.57 0 0 4,278.57 RICKS CONSTRUCTION CO. 351 APPENDIX A-Continued 1 2 3 4 5 6 7 8 9 10 11 Name •Backpay Period . Yr./Qtr.. Avg. Hrs. • P/W Rate P/H No. Wks. Gross Backpay Gross, Interim Earnings, and _ erases . Net Igangs Net Backpay Total Net Backpay Employer 1982/4 ..... :........ 37.7 8.73 13 $4,278.57 0...................... 0 0 $4,278.57 1983/1 .............. 37.7 8.73 5 4,284.61 $960 Kern 0 $960.00 3,324.61 8.75 8 County 983/2 .............. 7.7 .75 .4 ,451.45 Economic Opportu- nity Ctr. 1,024 Kern 0 ,024.00 27.45 County Economic Opportu- nity Ctr. Barry ........................ $9,225.79 LeFever, 3/20/80 to 5/4/83. 1980/1 .............. 37.5 8.14 1.6 488.40 Interim 0 - 0 980/2 .............. 7.5 .14 3 ,968.25 Earnings Exceed Backpay. Interim 0 - 0 980/3 ............... 7.5 .14 3 ,968.25 Earnings Exceed Backpay. Interim 0 - 0 980/4 .............. 7.5 .14 5 ,145.25 Earnings Exceed Backpay. Interim 0 - 0 8.73 8 Earnings 1981 /1 .............. 37.5 8.73 13 4,255.88 Exceed Backpay. 2;539.08 0 2,539.08 1,716.80 1981 /2 .............. 7.5 .73 3 ,255.88 Brod Engineer- ing Constr. 4,205.88 0 ,205.88 0.00 1981/3 .............. 37.5 8.73 13 4,255.88 Brod Eng. Constr. 2,969.45 0 2,969.45 1,286.43 1981/4 .............. 37.5 8.73 13 4,255.88 Brod Eng. Constr. 2,476.45 0 2,476.45 1,779.43 Brod Eng. Constr. 1982/1 .............. 37.5 8.73 13 4,255 .88 Interim 0 - 0 982/2 .............. 7.5 .73 3 ,255.88 Earnings Exceed Backpay. Interim 0 - 0 982/3 .............. 7.5 .73 3 ,255.88 Earnings Exceed Backpay. Interim 0 - 0 Earnings Exceed Backpay. 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A-Continued 1 2 3 4 5 6 7 Name Avg. Backpay Yr./Qtr. Hrs. Period P/W Larry LeFever, 3/20/80 to 4/4/83. Rate No. Gross P/H Wks. Backpay Gross, Interim Earnings, and Employer 1982/4 .............. 37.5 8.73 13 $4,255.88 Interim Earnings Exceed Backpay. 1983/1 .............. 37.5 8.73 5 4,261.88 0...................... 8.75 8 1983/2 .............. 37.5 8.75 0.4 131.25 0...................... 1980/1 .............. 39 .0 8.14 1.6 507 .94 0...................... 1980/2 .............. 39.9 8 . 14 13 4,126. 98 $2,096 Ed Smith Welding. 1980/3 .............. 39.0 8 . 14 13 4, 126.98 Interim Earnings Exceed Backpay. 1980/4 .............. 39.0 8 . 14 5 4,311 .06 Interim 8.73 8 Earnings Exceed Backpay. 1981/1 .............. 39.0 8.73 13 4,426 . 11 3,755.70 Brod Eng. Constr. 1981/2 .............. 39.0 8 .73 13 4,426.11 4,389.08 Brod Eng. Constr. 1981/3 .............. 39.0 8.73 13 4,426.11 2,345 Brod Eng. Constr., 865 Joles Exxon. 1981/4 .............. 39.0 8.73 13 4,426. 11 68.00 Brod Eng. Constr., 2,600 Joles Exxon. 1982/1 .............. 39.0 8 .73 13 4,426.11 809.25 Andrew McWhorter. 1982/2 .............. 39.0 8.73 13 4,426 . 11 3,805.60 Wegener Constr. 1982/3 .............. 39.0 8 . 73 13 4,426.11 Interim Earnings Exceed Backpay. 1982/4 .............. 39.0 8.73 13 4,426.11 Interim Earnings Exceed Backpay. 8 9 10 11 Ex- Net Net Total Net penes Interim Backpay Backpay 0 - 0 0 0 $4,261.88 0 0 131.25 $10,457.95 0 0 507.94 0 $2,096 .00 2,030.98 0 - 0 0 - 0 0 3,755 .70 670.41 0 4,389.08 37.03 0 3,210.00 1,216.11 0 2,668.00 1,758.11 0 3,805 .60 620.51 0 3,805.60 620.51 0 - 0 0 - 0 RICKS CONSTRUCTION CO. APPENDix A--Continued 1 2 3 4 5 6 7 Name Avg. Peridy Yr./Qtr. Hrs./W Rate No. GrossP/H Wks. Backpay Gross, Interim Earnings, and Employer 1983/1 .............. 39.0 8.73 5 $4,432.35 0...................... 8.75 8 Interim Earnings Exceed Backpay 1983/2 .............. 39.0 8.75 0.4 136.50 0...................... Interim Earnings Exceed Backpay David S. Meyer, 3/20/80 to 4/22/80. 1980/1 .............. 35.6 6.50 1.6 370.24 0...................... 1980/2 .............. 35.6 6.50 3.2 740.48 0...................... Kevin P. Milliken, 3/20/80 to 4/4/80. 1980/1 .............. 36.3 7.83 1.6 454.77 0...................... 1980/2 .............. 36.3 7.83 13 3,694.98 Interim Earnings Exceed Backpay. 1980/3 .............. 36.6 7.83 13 3 ,694.98 Interim Earnings Exceed Backpay. 1980/4 .............. 36.6 7 .83 13 3,694.98 Interim Earnings Exceed Backpay. 1981/1 .............. 36.6 7 .83 13 3 ,694.98 Interim Earnings Exceed Backpay. 1981/2 .............. 36.6 7.83 13 3,694.98 Interim Earnings Exceed Backpay. 1981/3 .............. 36.6 7 .83 13 3,694.98 Interim Earnings Exceed Backpay. 1981/4 .............. 36.6 7 .83 13 3,694.98 Interim Earnings Exceed Backpay. 1982/1 .............. 36.6 7.83 13 3 ,694.98 Interim Earnings Exceed Backpay. 1982/2 .............. 36.6 7.83 13 3 ,694.98 Interim Earnings Exceed Backpay. 353 8 9 10 11 Ex- Interim Net Total Netpenses Earnings Backpay Backpay 0 0 $1,110.72 0 0 $370.24 0 0 740.48 454.77 0 0 454.77 0 0 0 0 0 0 0 0 0 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A-Continued 1 2 3 4 5 6 7 8 9 10 11 Name Backpay Period r./Qtr. Avg. Hrs. P/W Rate P/H No. Wks . Gross Backpay Gross, Interim Ex-Earnings, pensesand Interim Earnings Net Total Net Backpay Backpay Employer 1982/3 .............. 36.3 7.83 13 $3,694.98 Interim 0 - 0 982/4 .............. 6.3 .83 3 ,694.98 Earnings Exceed Backpay. Interim - 0 983/1 .............. 6.3 .83 5 ,785.00 Earnings Exceed Backpay. Interim - 0 8.14 8 Earnings 1983/2 .............. 36.3 8.14 0.4 118.19 Exceed Backpay. Interim 0 - 0 Earnings Exceed Backpay. Jerry Morgan- tini, $7,426.94 3/20/80 to 4/4/83. 1980/1 .............. 42.0 7.83 1.6 526. 18 0...................... 0 0 $ 526.18 1980/2 .............. 42.0 7.83 13 4,275.18 0...................... 0 0 4,275.18 1980/3 .............. 42.0 7.83 13 4,275.18 $1,951.20 G &GOil field Maint., 0 $2,010.00 2,265.18 58.80 Alpine Petroleum Serv. 1980/4 .............. 42.0 7.83 13 4,275.18 3,914.78 G &G Oilfield Mamt. 0 3,914.78 360.40 1981/1 .............. 42.0 7.83 13 4,275.18 Interim Earnings Exceed Backpay. 0 0 0 1981/2 .............. 42.0 7.83 13 4,275 .18 Interim Earnings Exceed Backpay. 0 0 0 1981/2 .............. 42.0 7.83 13 4,275. 18 Interim Earnings Exceed Backpay. 0 0 0 1981/4 .............. 42.0 7.83 13 4,275.18 Interim Earnings Exceed Backpay. 0 0 0 1982/1 .............. 42.0 7.83 13 4,275. 18 Interim Earnings Exceed Backpay. 0 0 0 RICKS CONSTRUCTION CO. 355 APPENDIX A-Continued 1' 2 3 4 5 6 7 8 9 10 11 Name Avg. Rate No. Or= Gross, Interim Earnag" Employer Ex- Interim N Net Total Net penes Earnings Backpay Backpay Backpay Yr./Qtr. Hrs. P/H Wks. BackpayPeriod P/W 1982/2 .............. 42.0 7.83 13 $4,275. 18 Interim 0 0 0 Earnings Exceed Backpay. 1982/3 .............. 42.0 7.83 13 4,275.18 Interim 0 0 0 Earnings Exceed Backpay. 1982/4 .............. 42.0 7.83 13 4,275.18 Interim 0 0 0 Earnings Exceed Backpay. 1983/1 .............. 42.0 7.83 5 4,379.34 Interim 0 0 0 8.14 8 Earnings Exceed Backpay. 1983/2 .............. 42.0 8.14 0.4 136.75 Interim 0 0 0 Earnings Exceed Backpay. Calvin Rogers, l 3/20/80 to 5/23/80. $1,402.93 1980/1 .............. 38.8 7.83 1.6 486.09 0...................... 0 0 $486.09 1980/2 4/1- 38 .8 7.83 2.0 607.61 0 ...................... 0 0 607.61 4/13/80. 1980/3 4/14- 232.5 1.33 - 309.23 NA ................. NA NA 309.23 5/22/80. Stephen A.Tu11, 3/20/80 to 4/4/83. 20,282.83 1980/1 .............. 34.7 6.50 1.6 360.88 0...................... 0 0 360.88 1980/2 .............. 34.7 6.50 13 2,932.15 0...................... 0 0 2,932.15 1980/3 .............. 34.7 6.50 13 2,932.15 0...................... 0 0 2,932.15 1980/4 .............. 34.7 6.50 5 3,040.41 0...................... 0 0 3,040.41 6.89 8 1981/1 .............. 34.7 6.89 13 3, 108.08 $512.00 $ 15.00 $1,143 .00 $1,965.08 Dee's Oil field Maint., 582.00 A &B Oilfield Maint., 64.00 Reich Oilfield Maint. 1981/2 .............. 34.7 6.89 13 3, 108.08 1,905.51 245 .00 1,660.51 1,447.57 Sharp's Oilfield Service. 1981/3 .............. 34.7 6.89 13 3, 108.08 Interim 0 0 0 Earnings Exceed Backpay. 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDix A-Continued 1 2 3 4 5 6 7 8 9 10 11 Name Avg Gross, Interim Backpay Period Yr./Qtr. . Hrs. P/W Rate P/H No. Wks. Gross Backpay Earnings,and Ex- penses InterimEarnings Net Total Net Backpay Backpay Employer 1981/4 .............. 34.7 6. 89 13 $3,108 .08 Interim 0 0 0 982/1 .............. 4.7 .89 3 ,108.08 Earnings Exceed Backpay. Interim 0 0 0 982/2 .............. 4.7 .89 3 , 108.08 Earnings Exceed Backpay. 0...................... 0 0 3,108.08 1982/3 .............. 34.7 6.89 13 3,108.08 $791.83 Wm. $396.35 $840.35 2,267.40 D. Saleh, 445.20 1982/4 .............. 34.7 6.89 13 3,108.08 David Capelli. 509.52 305.00 1,926.27 1,181.81 David Capelli, 555.00 Wm. D. Saleh, 185.25 Ron Yohn Painting, 981.50 Jim Williams Painting. 1983/1 .............. 34.7 6.89 5 3,208.15 2,553 Wm 392.15 2,160.85 1,047.30 7.25 8 D. Saleh. 1983/2 .............. 34.7 7.25 0.4 100.63 Interim Earnings Exceed Backpay. 0 0 0 1 For Curtis L. Gault for the period April 23, 1980, to June 20, 1980, and for Calvin Rogers for the period April 14, 1980, to May 22, 1980, column 3 is the total hours worked, with overtime adjusted to straight time by multiplying overtime hours by 1.5. Column 4 is the rate of pay for Lead Roustabout less the hourly rate of pay for Roustabout. Columns 6 and 10 are the product of column 3 tunes column 4.