Frost-Whited Co., Inc.

National Labor Relations Board - Board Decisions

Dec 21, 1965

156 N.L.R.B. 267 (N.L.R.B. 1965)

AMERICAN COMPRESS WAREHOUSE 267
APPENDIX
NOTICE
Pursuant to a Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended, we hereby notify our employees that:
WE WILL NOT interfere with, restrain, or coerce you in the exercise of your
right to self-organization by coercively interrogating you concerning union
matters, by directly or indirectly threatening you with reprisals or withdrawal
of benefits in the event of unionization, by promising, directly or indirectly,
benefits in the event you abstain from unionization, by creating the impression
of surveillance of union activities, and by encouraging or soliciting you to with-
draw union membership.
WE WILL, subject to lawful and reasonable regulations, allow nonemployee
organizers access to those of you who reside on our premises, for the purpose of
soliciting you on behalf of the Union during your free time, or of consulting,
advising, meeting, or assisting you on your free time, in regard to your rights to
self-organization.
WE WILL, upon reasonable request, accord Hotel and Restaurant Employees
and Bartenders International Union, Local 343, AFL-CIO, equal opportunity
to reply to speeches we may make during working hours on company premises,
directed against that Union, before the new election to be conducted by the
National Labor Relations Board.
WE WILL NOT in any other manner interfere with your right to make a free
and untrammeled choice in any election conducted by the National Labor Rela-
tions Board.
All of you are free to become or remain or to refiain from becoming or remain-
ing, members of Hotel and Restaurant Employees and Bartenders International
Union, Local 343, AFL-CIO, or any other labor organization.
S. & H. GROSSINGER'S INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its
provisions, they may communicate directly with the Board' s Regional Office, Fourth
Floor, The 120 Building, 120 Delaware Avenue, Bultaio, New York, Telephone No.
842-2100.
American Compress Warehouse , Division of Frost -Whited Com-
pany, Inc. and United Packinghouse, Food and Allied Workers,
AFI-CIO . Cases Nos. 15-CA-1998 and 15-CA-2000. Decemn-
ber 21, 1965
SUPPLEMENTAL DECISION AND ORDER
Oil June 28, 1962, the National Labor Relations Board issued its
Decision and Order in the above-entitled proceeding," finding, inter
alia, that Respondent discriminatorily discharged Simon Littleton,
3 137 NLRB 980.
156 NLRB No. 8.
268 DECISIONS ,OF NATIONAL.LABOR RELATIONS BOARD
J. C. Comick, and James Sims, in violation of Section 8(a) (3) and (1)
of the National Labor Relations Act, as amended. Respondent was
directed to make an offer of immediate and full reinstatement to the
discriminatees to their former or substantially equivalent positions
and to make them whole for any loss of pay suffered by reason of the
discrimination against them. Thereafter, the Board's Order was
enforced by the United States Court of Appeals for the Fifth Circuit.2
Pursuant to a backpay specification and appropriate notice issued
by Regional Director for Region 15, a hearing was held before Trial
Examiner Benjamin B. Lipton for the purpose of determining the
amount of backpay due the discriminatees. On August 24, 1965, the
Trial Examiner issued his Supplemental Decision, which is attached
hereto, in which he found that the discriminatees were entitled to the
following payments: Simon Littleton, $2,557.31; J. C. Comick,
$2,757.48; and James Sims, $3,043.43. Thereafter, the Respondent
filed exceptions to the Trial Examiner's Supplemental Decision and
a brief in support thereof.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Members Fanning, Brown, and Zagoria].
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby. affirmed. The Board has considered the entire
record in the case, including the Trial Examiner's Supplemental
Decision, the exceptions, and briefs,3 and hereby adopts the findings,
conclusions,4 and recommendations of the Trial Examiner.
[The Board ordered that Respondent make whole Simon Littleton,
J. C. Comick, and James Sims by payment to each of them of the
amount set forth in-`the Trial. Examiner's Supplemental Decision.]
'N.L.R.B. v. American Compress Warehouse, Div. of Frost -Whited Co .,- Inc., 321 F. 2d
547 (C.A. 5), cert. denied 375 U.S. 965.
3The Respondent excepted to the Supplemental Decision on the ground that - the Trial
Examiner manifested bias against the Respondent during the course of the hearing. Upon
a careful examination of the entire record, we are satisfied that the contentions of the
Respondent in this regard are without merit.
* The Respondent excepts to the Trial Examiner 's rulings granting the General Coun-
sel's posthearing motion to strike Respondent 's supplemental answer and allegedly deny-
ing Respondent the right to produce evidence or to make a full offer of proof in support
of certain allegations of the supplemental answer . As the record shows that the relevant
issues raised by the supplemental answer were in fact fully litigated and as we agree
that the Trial Examiner ' s ultimate conclusion regarding Respondent 's backpay liability
is supported by the record , we find it unnecessary to pass upon his ruling granting the
General Counsel 's posthearing motion to strike the supplemental answer as failing to
conform with Section 102 . 54(b) of the Board 's Rules and Regulations.
AMERICAN COMPRESS WAREHOUSE 269
TRIAL EXAMINER'S SUPPLEMENTAL DECISION
The sole purpose of this supplemental proceeding is to determine the amounts of
backpay due three employees under the terms of the Board's Decision and Order,'
enforced by the Fifth Circuit Court of Appeals.2 A hearing was held before Trial
Examiner Benjamin B. Lipton in Shreveport, Louisiana, on February 24 and 25,
1965, based upon the Regional Director's backpay specification and Respondent's
answer, as supplemented and amended. All parties were represented at the hearing
and were afforded full opportunity to examine and cross-examine witnesses, to intro-
duce evidence, to argue orally on the record, and to file briefs. The General Counsel
and Respondent submitted briefs, which have been duly considered.
Upon the entire record in the case, and from my observation of the witnesses, I
make the following findings and conclusions:
A. Motion to strike Respondent's answer, and general statement of the case
In his brief, the General Counsel now moves for reconsideration of the rulings
which denied General Counsel's previous motions to strike Respondent's original
answer and supplemental answer and to grant judgment on the basis of the backpay
specification.3
On October 30, 1964, Respondent filed its original answer to backpay specifica-
tion. On December 7, 1964, the General Counsel filed 'a motion to strike portions
of Respondent's answer and for judgment on the pleadings, asserting that Respond-
ent indicated various general disagreements with the specification without showing
in detail its affirmative positions and furnishing supporting material. On Decem-
ber 10, 1964, Associate Chief Trial Examiner Charles W. Schneider, deferring the
scheduled hearing date, ruled that Respondent's answer failed "to set forth in detail his
position as to the applicable premises and furnish the appropriate supporting figures
as required by Board Rule 102.54(b)," and directed that Respondent file, by a cer-
tain date, an answer conforming to Rule 102.54(b)-in default of which, under
Rule 102.54(c), the allegations of the backpay specification will be deemed admit-
ted as-true, Respondent shall be precluded from introducing any evidence controvert-
ing said allegations, and summary judgment will be entered against, Respondent.
On December 20, 1964, Respondent filed its supplemental answer, in which it emphat-
ically affirmed, and continued all contentions and positions in its original answer and,
in addition, incorporated a copy of a letter dated July 9, 1964, written to Respond-
ent's attorney by' a compliance officer of the Board Regional Office, with certain
attachments containing computations . of gross and net backpay, which letter and
attachments were 'adopted by Respondent as part of its supplemental answer.4
1 In the unfair labor practice proceeding ,' Respondent was found to have discriminated
against. Simon Littleton,'J. C. Comick, and James Sims, in violation of Section 8(a)(3)
and '(1) of 'the,Act„and was ordered to offer these' employees'immediate and full rein-
statement to their former or substantially equivalent 'positions, and to make them whole
for any; loss of 'pay they may have' suffered by reason of the ' discrimination against them.
2137 NLRB 980 (June 28, 1962),'lenfd. 321 F: '2d'547 (C.A. 5,Au9'ust` 13, 1963),
rehearing denied September 23, 1963, cert. denied ,375 U.S. 968 (January 6, 1964).
Section 102.54 of the Board's Rules and Regulations provides in pertinent part: Under
(b)-"As to all matters within the knowledge of the respondent, including but not lim-
ited to the computation of gross backpay, a general denial shall not suffice. As to such
matters, if the respondent disputes the accuracy or the premises on which they are based,
he shall specifically state the basis for his disagreement, setting forth in detail his posi-
tion as to the applicable premises and furnish the approprate supporting figures." Under
(c)-"If the Respondent files an answer to the specification but fails to deny any allega-
tion of the specification in the manner required by paragraph (b) of this section, and
the failure to so deny is not adequately explained, such allegation shall be deemed to be
admitted to be true, and may be so found by the Board without the taking of evidence
supporting such allegation, and the respondent shall be precluded from introducing any
evidence controverting such allegation."
* In the supplemental answer, Respondent included. a "preliminary statement," in which
it asserted that Trial Examiner Schneider made "threatening and intimidating state-
ments" in telegraphic communications to Respondent, that Respondent was denied pro-
cedural due process in connection with the General Counsel's motion to strike, and that the
General Counsel and Trial Examiner are placed on notice that the courts "will ultimately
have an opportunity to pass upon these matters." These assertions of prejudice are
wholly without substance.
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The aforementioned letter of July 9, 1964, states as follows:
Joe P. Mathews, Esq.
Dallas Federal Savings Building
Dallas, Texas
Dear Mr. Mathews: At the conclusion of the June 10, 1964 conference in
Mr. LeBus' office, you were advised that backpay computations would be made
.for each of the discriminatees and submitted to you at. a later date. These
backpay computations have now been completed.
During various conferences and the exchange of numerous communications,
the basis for computing the gross backpay of James Sims, J. C. Comick, and
Simon Littleton was based upon gross backpay figures of potential earnings sub-
mitted by your office. These figures were used as the basis for various settle-
ment efforts in these and the companion consolidated cases. However, for the
purpose of computing the backpay in these cases applicable Board standards
have been applied to determine the amount of backpay due each of the discrim-
inatees involved herein.5
The gross backpay due seasonal employees James Sims and J. C: Comick
was determined by taking the quarterly earnings of all seasonal employees in
each of 1961, 1962, and 1963 seasons at the Shreveport and Natchitoches plants.
The gross total earnings of the seasonal employees in each applicable quarter
was then divided by the number of employees to determine the gross backpay
for each quarter in the three seasons.
The gross backpay for Simon Littleton covered the period from the date of
the discharge until the offer of reinstatement. The total earnings of all regular
employees for each quarter of the backpay period were totalled and divided by
the number of employees in each quarter, thereby determining the gross back-
pay for each quarter. (See Attachments A and B)
On the basis of the above, the net backpay due Littleton and Sims is as
follows:
Simon Littleton---------------------------- ----- $2,450.62
James Sims--------------------------------------- 1,584.99
Regarding J. C. Comick, you are ,advised that we have in our possession a
record of. Comick's earnings from , self-employment from June 20, 1961 through
May 19, 1964. His self-employment was concerned particularly with the repair
of radio, television , and electrical appliances and related activities. The cost of
the materials used on various jobs was deducted from the amount received for
a particular job to determine his profit on each job. The profit from each job
during an applicable quarter was totalled to give his net income which was
deducted from the gross backpay due in the applicable quarter of 1961, 1962, and
1963. The foregoing is illustrated by Attachment C hereto. As a result of the
foregoing , the amount of backpay due J. C. Comick is $1,471.96, computed on
a quarterly basis. Interest was not assessed because the Decision in this case
issued prior to the requirement that 6% interest be added to backpay
computations.
Checks in the amounts of $2,450.62 for Simon Littleton, $1,584.99 for James
Sims, and $1,471.96 for J. C. Comick should be forwarded to this office in their
names, with the check stub or attachment thereto showing the amounts of with-
holding and social security taxes deducted from the gross amounts of the check.
Yours very truly,
(S) William W. Fox,
Compliance Offzcer.C
On December 30, 1964, the General Counsel filed a motion to strike the supple-
mental answer and for judgment on the pleadings, stating that Respondent again
failed adequately to "set forth in detail his position as to the applicable premises and
furnish the appropriate supporting figures," and that the supplemental answer merely
incorporates data submitted to Respondent by a compliance officer "in the settlement
stages of the case, and the figures contained therein do not represent the Regional
It was not clarified whether or not the emphasis was inserted by Respondent.
6 As shown in the testimony, Fox became ill and the compliance functions in this case
were taken over by John H. Hector, Jr., who pursued the investigation by examining
Respondent's records at its home office with the assistance of an individual (Mr. Joseph)
assigned by Respondent, and who was instrumental in preparing the instant backpay
specification for the Regional Director.
AMERICAN COMPRESS WAREHOUSE 271
Director's position in this matter." On January 4, 1965, Trial Examiner Schneider
ruled that Respondent's supplemental answer satisfied the requirements of Rule
102.54(b), and denied General Counsel's motion.
At the commencement of the hearing before me, discussions were held on the
record for the purpose of clarifying the positions of the parties and narrowing the
issues. At the outset, it appeared that the combination of Respondent's original
answer and supplemental answer presented certain inconsistencies and ambiguities.
Further amendment of the supplemental answer, without objection, was accepted by
me to reflect that Respondent's contentions in the original answer were retained
only to the extent consistent with the supplemental answer. In addition, stipula-
tions were entered into, e.g., fixing the basis and the amount of gross backpay
due Littleton to conform with the specification, previously contested by Respondent,
and agreeing to the mathematical accuracy of General Counsel's gross backpay com-
putations regarding Comick and Sims.
Respondent's business of compressing and warehousing of cotton is "largely sea-
sonal." Some of the employees are retained on a year-round basis. Many addi-
tional employees are taken on when the cotton is harvested and processed, usually
concentrated in the fall period. However, there are no clear or fixed classifications
of regular, seasonal, and casual employees,7 and no definite period of seasonal
employment. As found in the prior case, and as admitted in the pleadings, Little-
ton was a regular employee and Comick and Sims were seasonal employees.8 In
the specification, the gross backpay for Comick and Sims is determined by obtaining
an average of the earnings of comparable seasonal employees, on a quarterly basis,
during the• backpay period. Excluded from the averaging computations are (a)
employees with short tenure and low earnings, considered in effect as casual employ-
ees, and (b) employees who worked substantially on a year-round basis, considered
in effect as regular employees. As a general formula, the averaging procedure
employed in the specification was not contested by Respondent. Respondent dis-
agreed with the computation of the averages in that the employees with minimal
tenure and earnings were excluded, and that "off season" earnings of the selected
seasonal employees were included.
Following the opening statements at the hearing, the General Counsel renewed
the motion to strike and for judgment on the pleadings. The motion was then
denied. From its supplemental answer, as amended and clarified, it was apparent
that Respondent was relying upon the July 9 letter, with attachments, supra, which
it received from Compliance Officer Fox, to show a specific position on gross back-
pay formula and to allege definite amounts of interim earnings and net backpay for
the three claimants.9
In the trial of the case, Respondent offered no affirmative evidence in support of
its contentions. • As appears clear from the final record made, Respondent's essential
response to the backpay specification was a belated espousal of the settlement pro-
posal in the July 9 letter. Because the specification varied from the calculations in
the July 9 letter, Respondent insistently argued that the specification was arbitrary
and unreasonable.1° It also sought to probe behind the specification, in a speculative
7 Respondent offered no evidence of such distinctions based on hiring or assignment of
employees.
8 While Respondent in its answer admits that Comick was employed on a seasonal basis
prior to his discrimination, it argued at the opening of the hearing that Comick was not
a "normally recurrng seasonal employee," but his "correct classification" was that of a
"casual" employee, and that, in effect, his backpay should be limited to the 1961 season.
This position is inconsistent with Respondent's supplemental answer, which adopts the
July 9 letter, supra, containing a full backpay period for Comick. Respondent does not
pursue this argument in its brief.
O The data underlying the July 9 letter, including the names and earnings of each of
the seasonal employees, were certainly available to Respondent from its own records. And
the same information was presumably known to the General Counsel in connection with
the preparation of the July 9 letter.
10 Without addressing itself to particular evidence, Respondent charged that "some-
thing must be wrong" where the backpay specification differed from the July 9 letter by
an amount of about $3,000. It may be noted, inter alia, that in the July 9 letter the
backpay computations for Comick and Sims are carried only into the first quarter of 1964,
while in the specification (containing backpay periods not in dispute) the computations
are extended through the second quarter of 1964; in addition, Respondent stipulated the
higher gross backpay of the specification for Littleton.
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
attempt 11 to show that the specification "was nothing more than an arbitrary and
capricious effort to inflict a greater penalty upon respondent than had been previ-
ously indicated by Mr. Fox."
Nor did Respondent , after being allowed to file a supplemental answer, and to
amend and clarify the same at the hearing, adhere to the positions advanced in its
ultimate pleading. As set forth in the July 9 letter and attachments, supra, Respond-
ent asserted specific amounts of interim earnings 12 and net backpay for the three
claimants. However, as reflected infra, it persisted during the hearing and in its
brief in raising substantive issues directly contrary to these very allegations in its
supplemental answer.
Conclusions
It is beyond question that the July 9 letter to Respondent from a compliance offi-
cer, without the necessary review and final approval of the Regional Director or the
Board, was merely a settlement offer, in no way binding upon the Board and not
relevant as such as a defense to the backpay specification. 13 The specification, pur-
suant to the special provisions of the Board's Rules and Regulations,14 is the
designed vehicle to litigate disputed questions of backpay.
The nature of the backpay proceeding is materially different from that of the basic
unfair labor practice case. In the backpay case, the general backpay liability of the
respondent is already settled and the purpose is solely to determine, with proper
procedural safeguards, the amounts to be awarded the claimants. With the primary
function of the General Counsel diligently to assist in assembling the evidence and
to show the' gross amounts of backpay due, the burden rests upon the respondent to
prove "facts which would negative the existence of liability to a given employee or
which would mitigate that liability." 15 In computing gross backpay, the General
Counsel is required only to select a method which "cannot be declared to be arbi-
trary or unreasonable in the circumstances involved." 16
The General Counsel, in connection with the motion in his brief to reconsider
the previous denials of his motion to strike Respondent's answer and for judgment
on the backpay specification , states, inter alia:
The untimely clarification and explanation by .Respondent of its answer did
narrow the issues and more fully explain Respondent's position, but this belated
tender did not meet the spirit or the letter of Section 102.54 (b) of the Board's
Rules. Respondent clearly demonstrated it was reluctant to state specifically its
disagreement with the backpay specifications. Granting Respondent the privi-
lege of filing a frivolous and meaningless answer, accompanied by its attacks on
the Board 's processes and its unsupported claims of denial of due process, is a
travesty of justice. The insincerity and frivolity of Respondent's amended
answer is demonstrated by the fact that it filed a letter with attachments sent to
Respondent in an attempt to settle this matter as its amended answer. If
Respondent had accepted the offer these proceedings would have been com-
pletely unnecessary.
"While cross-examining Compliance Officer Hector, who testified for the General Coun-
sel in support of the specification.
12 The interim earnings set out in the supplemental answer are in fact duplicated in
the backpay specification.
13 N.L.R.B. v. Armstrong Tire and Rubber Company, The Test Fleet Branch, 263 F.
2d 680, 682 ( C.A. 5), and cases cited therein. See also Campbell Soup Company, 152
NLRB 1645; Ohio Scientific Products Corporation , 151 NLRB 460.
141 agree with the General Counsel that Board Rule 102.54 ( b), supra, was intended to
limit the issues in backpay cases and to avoid litigation of issues not fairly joined in
the pleadngs by the respondent.
16 E.g., Brown and Root, Inc., et al., 132 NLRB 486, 495; U.S. Air Conditioning Corp.,
141 NLRB 1278, 1280, and court cases cited.
16 N.L.R.B. v. Brown & Root, Inc., etc., 311 F. 2d 447, 452 (C.A. 8). In the same context,
the court stated:
In solving the problems which arise in back pay cases the Board is vested with
a wide discretion in devising procedures and methods which will effectuate the pur-
poses of the Act . . . .
Obviously , in many cases it is difficult for the Board to determine precisely the
amount of back pay which should be awarded to an employee . In such circumstances
the Board may use as close approximations as possible , and may adopt ' formulas
reasonably designed to produce such approximations.
AMERICAN COMPRESS WAREHOUSE 273
Respondent was allowed a great'amount of latitude to modify and clarify its answer
to conform with the requirements of this proceeding. On its amended supplemental
answer, which in outline appeared to suffice, it was permitted to proceed. That
Respondent would come forward in the course of the trial with specific evidence in
support of its stated contentions was then fairly to be assumed. However, Respond-
ent produced no such evidence, nor, as seems clear, did it intend to do so. Rather,
Respondent proceeded with irrelevant and speculative attacks on the backpay specifi-
cation as being unaccountably at variance with the settlement offer contained in the
July 9 letter. And more significantly, it plainly demonstrated in the actual trial and
in its brief that its answer, even as finally amended, was a sham, in that it continued
throughout to raise substantive issues directly at odds with its pleading. Moreover,
there is substance in the General Counsel's assertions that Respondent was not con-
forming in good faith with the Board's Rules and Regulations and was indulging
in an 'abuse of the Board's processes. The net effect of Respondent's entire course
in the hearing was to disclose in retrospect the insufficiency of its answer to the
specification. The General Counsel's motion now before me is found to have merit.
Accordingly, Respondent's answer is stricken nunc pro tunc and judgment is granted
on the basis of the specification,17 the allegations of which are deemed to be admit-
ted as, true and are found to be fact without regard to the further evidence taken.18
The resulting backpay awards would in any event be the same upon, full considera-
tion and evaluation of the evidence adduced in the record. The separate findings and
conclusions thereon are described below.
B. Simon Littleton
The backpay period for Littleton, a regular employee, begins on September 27,
1961, and ends on June 29, 1964. As earlier shown, the quarterly amounts of his
gross backpay under the specification 19 are not in dispute.
Concerning interim earnings, the specification deducts from gross backpay in the
first quarter of 1963 the amount of $55 earned by Littleton doing "yard work" for a
Mrs. C. H. Williams. Littleton's wife regularly worked full time for Williams and,
before his discrimination by Respondent, Littleton performed such yardwork for that
family. The $55 reported was an accumulation of small amounts ($2 to $4) which
he was given by Williams during the backpay period for yardwork on occasional
Saturdays.20
Respondent in its brief makes contentions as follows: "Littleton was receiving $3
or $4 cash for one-half of a day's work [each Saturday] or the equivalent of approxi-
mately $8 for a full day, plus the other benefits bestowed upon him by the Williams.
Littleton made no effort to earn $8 a day by doing. yard work for other people. Lit-
tleton's wife was employed by the Williams. Anyone can quite obviously see that
Littleton and his wife were able to satisfactorily live on the amount of money being
received by them from the Williams and Littleton simply did not choose to apply
himself to doing yard work for other persons. Littleton fully failed to exercise
reasonable diligence to mitigate his loss of earnings due to his discharge from
respondent."
These contentions are rejected as specious and without foundation. The uncon-
tradicted evidence plainly shows Littleton's diligent search for employment at all
times material, including registration at the State Unemployment Office, resort to the
union hall, and visits to specific companies.2'
17 At the hearing the General Counsel indicated an inadvertent failure to include the
earnings of two seasonal employees (Lewis B. Maiden and Thearthur Dawson) at the
Shreveport plant in the computation of the averages for determining the gross backpay
of Sims. The backpay specification is accordingly amended to reflect the correction, as
shown in Appendix D, attached.
18 Section 102.54 ( c)'of the Board's Rules.
18 See Appendix A, attached.
so Particularly during the time he was unemployed, Littleton and his wife received
from Williams groceries , clothes, and shoes.
21 As the specification deducts the $55 as interim earnings, I do not pass upon whether
this amount would be nondeductible as "supplemental income," since it appears that
Littleton also performed such yardwork for Williams while he was employed with Re-
spondent . See Miami Coca-Cola Bottling Company, 151 NLRB 1701.
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
C. Backpay formula for the seasonal claimants
The formula utilized in the specification to determine gross backpay for Comick
and Sims is computed by taking the average earnings in the backpay period of.
employees who "furnish an appropriate measure of earnings which [Comick and
Sims] would have made in each respective quarter and by dividing that total by the
number of those employees who worked in each respective quarter." Respondent
does not question the basic averaging formula, but challenges the specification essen-
tially on two grounds: (a) the failure to include in the averaging computations
those employees who had "very low earnings ora short tenure of employment,22 and
(b) the inclusion in the averaging computations of earnings in the first or second
calendar quarters of any year in the backpay period, referred to as "off season"
quarters.
. Under the enforced Order, Comick and Sims are required to be made whole for
any loss of earnings resulting from Respondent's discrimination against them. The
gross amount of such loss may be fairly determined by averaging the earnings of
employees whose seasonal employment during the backpay period was comparable
to that which those claimants would have had, absent the discrimination. Admit-
tedly, Comick worked at the Natchitoches plant on a seasonal basis sporadically
since 1943, and had been employed the full year of 1959-60.23 Sims was employed
at the Shreveport plant seasonally since 1949. Both were specifically held to be
seasonal employees by the Board and the court, supra. As earlier discussed, while
the season is normally concentrated in the third and fourth quarters, there is no
basis in the record for limiting the period of seasonal employment to the end of the
fourth quarter.24 Nor, on the evidence, are the employees distinguished or classified
by Respondent as regular, seasonal, or casual. In the averaging computations,. the
General Counsel also excluded a large number of employees who appeared, from
the extent of their employment throughout the year, to be regular employees. Those
employees who were excluded because of low earnings and short tenure were
regarded by the General Counsel as in effect casual employees.25 . From my exami-
nation of the backpay specification and the working papers of the General Counsel,
in evidence, the elimination from the averages of both these groups is reasonably
uniform and accurate.
Respondent contends that the General Counsel's computations should -be based
upon evidence of actual earnings of Comick and Sims as compared with the earnings
of all other seasonal employees prior to the discrimination. More specifically, it
states that the General Counsel failed to show that Comick or Sims (a) were ever
held over from the end of one season into the first and second quarters of the fol-
lowing year ( as an argument that they would not have received work in the "off
season" quarters of the backpay period),26 and (b) earned as much as $150 per year
(as an argument against the General Counsel's exclusion from the averages of
employees with minimal earnings). Suffice it to hold that the General Counsel was
not bound to furnish this kind of proof. Enough was established by the General
Counsel to meet his burden of showing the gross amounts of backpay due these
claimants. For its part, Respondent, having all the necessary data, offered no evi-
dence whatsoever in support of its contentions. A substantial amount of employ-
ment was available to seasonal employees in the first and second calendar quarters
during the backpay period, and it is fair to infer on this record that Comick• and
Sims would have received such work, but for the discrimination. Accordingly, I
conclude and find that the method employed in the specification of computing the
gross backpay of Comick and Sims was reasonable and equitable.
As testified, generally any employee who worked less than 11/ weeks or who earned
less than $60 was excluded. Most of the exclusions consisted of employees who had
earnings of merely $15 to $40. The highest earnings of an excluded employee were
$134.56, although Compliance Officer Hector estimated a limit of $150. However, about
75 or 80 percent of those excluded fell "way below" that figure.
2a As found . in the prior case, Comick, with other seasonal employees, had been laid
off in the 1960 season, and was discriminatorily denied reemployment in the fall of 1961.
24 For example, the evidence discloses that among the employees hired in the fall season
of 1963, there were 35 employees at Shreveport and 30 employees at Natchitoches who
were retained at work into the first and second quarters of 1964.
25 Cf., e.g., Ozark Hardwood Company, 119 NLRB 1130, 1158.
28 Despite the evidence that Comick and Sims were seasonal employees of long tenure,
that Comick had worked the full year of 1959-60 , and that Sims , for example, had
earnings of $224 .64 in the first quarter of 1961.
AMERICAN COMPRESS WAREHOUSE 275
D. Interim earnings of J. C. Coinick
Comick's backpay period begins with the season's opening in the fall of 1961 and
ends September 14, 1964.27 Respondent raises two issues: (a) Comick was not
available for work during the third and fourth quarter of 1961 because he was occu-
pied during such time as a local union representative. (b) In late July 1961, by
enrolling in a trade school and thereafter by regularly attending classes, Comick
effectually removed himself from the labor market during the entire backpay period.28
Comick testified specifically that he was not in the employ of the Union; the record
in the prior case, cited by Respondent, does not show that he was so employed, and
no other basis appears to hold that Comick's union activities in the third and fourth
quarters of 1961 rendered him unavailable for work.
From 1961 throughout the backpay period, Comick attended a public trade school
for training in the repair of home radio and television sets. During the backpay
period, from the outset, he was also self-employed. Initially, he performed electrical
repair work from his shop at home. In February 1963 he opened a shop at a sepa-
rate location and began business in radio and television repair. Trade school classes
of 6 hours a day commenced at 7 a.m. He engaged in his repair work in the evening
after school. _He could and did obtain a "drop" from school when necessary for
purposes of private employment.29 It does not follow, as contended, that Comick's
_enrollment in the public school rendered him unavailable for employment, or pre-
--vented him from diligently seeking suitable work to mitigate Respondent's liability
for backpay.30 He was registered with the U.S. Employment Service, and reported
there weekly during the third and fourth quarters of 1961, although he was never
referred to a job. In sum, I find Respondent's contentions without merit.
E. Interim earnings of James Sims 31
The backpay period begins at the opening of the season in the fall of 1961 and
ends October 5, 1964.32
Sims' sole interim earnings were obtained from picking and chopping cotton when
such work was seasonably available. His uncontroverted testimony reflects a dili-
gent search for employment throughout the backpay period, in applying at specific
companies in the general area and in utilizing a Government "Employment Office."
Sims has a nervous speech impediment which was in issue in the prior case (heard
in January 1962). In finding the alleged discrimination, the Board rejected Respond-
ent's claim that it did not rehire Sims for the 1961 fall season because of his speech
difficulty. The Board decision pointed out particularly that "If Sims had actually
been as much as a hazard to himself and others as [Respondent] depicted, there is
no explanation as to why he had been recalled repeatedly each season for the past
12 years."
Respondent in its brief contends that Sims' acceptance of certain Government dis-
ability benefits constitutes an admission by him that he was not capable of working
and that all such periods of unavailability for work should be excluded in computing
his backpay herein.
The record, on Sims' testimony, reveals the following: In the summer, about
August, of 1961 (preceding his discrimination by Respondent), Sims spent 18 days
in a Veterans' Administration hospital for "nerve treatment," following which he
began receiving from the VA disability benefits in the amount of $85 a month. In
November 1962 Sims received from the Social Security Administration a retro-
nAttached as Appendix B are the computations in the specification
It is noted that, in part, this contention is refuted by the Board finding that Comick
was discriminated against in the fall of 1901 when his application for work was refused
by Respondent. -
In September 1964 Comick accepted reinstatement with Respondent and ceased at-
tendance at the trade school.
au It is reasonable to assume that his efforts to learn a trade served to enhance his
earnings at self -employment and redounded to Respondent 's benefit in lowering his net
backpay. See Appendix B.
31 See Appendix C, attached, for computations in the specification, as corrected.
as The specification , for unexplained reasons, computes and claims backpay for Sims and
Comick only through the second quarter of 1964. As of the time of the hearing, Re-
spondent ' s obligation to reinstate these claimants was apparently satisfied. It is assumed,
therefore, that the specification is intended to liquidate all backpay claims under the
terms of the enforced Order.
217-919-66-vol . 156-19
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
active check for disability benefits of $69 per month for the period from October 1,
1961, through November 15, 1962. Since then he has been receiving disability
checks of $70 a month from the Veterans' Administration.33 Sims answered nega-
tively in response to questions of Respondent-whether his inability to work during
the backpay period was caused "in any way" by his "health condition," and whether
he was expressly refused any employment because of such condition. He actually
worked during this period in picking and chopping cotton, as shown. And Respond-
ent offered him employment to begin on October 5, 1964.
The essential question to be determined is whether Sims was in fact unable physi-
cally to engage in substantial gainful employment at any time during the backpay
period. The findings in the previous case and the positive evidence in the present
case indicate the contrary. Respondent carries the burden of proof on this issue.
It furnished no evidence, nor offered any rationale, to describe the precise bases for
the disability benefits Sims received from the Veterans' Administration and the
Social Security Administration,34 beyond the broad contention that accepting these
benefits was an admission by Sims of inability to work. Also to be considered is
Respondent's supplemental answer, appending the July 9 letter, supra, which reflects
its position as a pleading that, during the entire backpay period, Sims was available
for work and that he did in a fact work in part. On the state of this record, Respond-
ent's contention must be denied.
CONCLUSIONS AND RECOMMENDATIONS
Upon the basis of the foregoing findings, and the entire record in the case, it is
concluded that the employees named below are entitled to backpay in the amounts
listed opposite their names, with interest at 6 percent per annum on each of the
quarterly sums found due herein from the end of each calendar quarter,35 less the
tax withholding required by Federal and State laws.
Simon Littleton---------------------------------------- $2,557.31
J. C. Comick------------------------------------------ 2,757.48
James Sims- ------------------------------------------ 3,043.43
It is recommended that the Board adopt these findings and conclusions, and order
the Respondent, its officers, agents, successors, and assigns , to pay the sums indicated.
as Sims testified that the monthly $85 payments from VA were "cut" from the time
he began "receiving these $69 from the Social Security." While it is not entirely clear,
I do not construe the testimony to show that Sims was receiving disabilty benefits con-
currently from both VA and Social Security Administration.
The findings of these agencies are not revealed. I need not pass upon the extent to
which the Board would give effect to such determinations of other Federal administra-
tive agencies.
85 I8i8 Plumbing f Heating Co., 138 NLRB 716; Local 138, International Union of
Operating Engineers, AFL-CIO, and Thomas A. Eichacker (Nassau and Suffolk Contrac-
tors' Association, Inc., et al.), 151 NLRB 972. Based upon the principles enunciated in
these cases, no reason appears why such interest should not accrue, on the quarterly basis,
in accordance with the formula prescribed in the Isis case.
APPENDIX A
Simon Littleton
Littleton's backpay period begins on September 27, 1961 and ends on June 29, 1964.
4th quarter 1961, 9/26-1/1/62:
Gross backpay-------------------------------------------------------------------- $798.53
Interim earnings: None.
Net interim earnings -------------------------------------------------------------- 00.00
Quarterly net backpay--------------------------------------------------------- 798.53
lot quarter 1962, 1/2-8/26/62:
Gross backpay -------------------------------------------------------------------- 597.61
interim earnings: None.
Net interim earnings -------------------------------------------------------------- 00.00
Quarterly net backpay---------------------------------------------------------- 597.61
AMERICAN COMPRESS WAREHOUSE
APPENDIX. A-Continued
3d quarter 1962, 3/27-6/25/62:
Gross backpay------------------------------------------------------ ------------- $495.29
Interim earnings: City of Shreveport, 4/27-6/25/62------------------------ $551.26
Net interim earnings
-------------------------------------------------------------- 551.26
Quarterly net backpay---------------------------------------------------------- (1)
3d quarter 1962, 6/26-9/24/62:
Gross backpay
-------------------------------------------------------------------- 541.49
Interim earnings : City of Shreveport, 6/26-9/24/62------------------------ 620.16
Net interim earnings
--------------------------------------------------------------
Quarterly net backpay----------------------------------------------------------
620.16
(1)
4th quarter 1962, 9/25-1/7/63:
Gross backpay-------------------------------------------------------------------- 736.00
Interim earnings:
City of Shreveport, 9/25-11/20/62------------------------------------- 342.72
Southern Builders, Inc----------------------------------------------- 14.60
Net interim earnings-------------------------------------------------------------- 357.32
Quarterly net backpay---------------------------------------------------------- 378.68
1st quarter 1963, 118-8125163.-
Gross backpay-------------------------------------------------------------- -----
Interim earnings:
Southern Builders, Inc----------------------------------------------- 71.18
Mrs. C. H. Williams (yard work)------------------------------------ 55.00
588.51
Net interim earnings
-------------------------------------------------------------- 126.18
Quarterly net backpay--------------------------------------------------------- 462.33
ed quarter 1963, 3/26-6/24/63:
Gross backpay-------------------------------------------------------------------- 567.62
Interim earnings:
Southern Builders, Inc----------------------------------------------- 437.10
L. P. Stevens-------------------------------------------------------- 58.13
The Werner Company, Inc------------------------------------------ 106.78
Net interim earnings -------------------------------------------------------------- 602.01
Quarterly net backpay---------------------------------------------------------- (1)
3d quarter 1963, 6125-9130168.-
Gross backpay-------------------------------------------------------------------- 752.16
Interim earnings:
Southern Builders, Inc______________ _____________________________ 76.26
L. P. Stevens-------------------------------------------------------- 22.51
The Werner Company, Inc------------------------------------------ 120.94
Isbell Construction Co----------------------------------------------- 406.49
T. L. James & Company, Inc---------------------------------------- - 115.65
Net interim earnings-------------------------------------------------------------- 751.85
Quarterly net backpay ----------------------------------------------------------- .31
4th quarter 1963, 10/1-12/31/63:
Gross backpay-------------------------------------------------------------------- 1,040.66
Interim earnings: Southern Builders, Inc., 10/1-12/31--------------------- 723.10
277
Net interim earnings -------------------------------------------------------------- 723.10
Quarterly net backpay---------------------------------------------------------- 317.56
See footnote at end of table.
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A--Continued
1st quarter 1964, 1 /1-3/30/64:
Gross backpay-------------------------------------------------------------------- $581.96
Interim earnings: Southern Builders , Inc., 1/1-3/30/64------------------- $653.88
Net interim earnings -------------------------------------------------------------- 653.88
Quarterly net backpay---------------------------------------------------------- (1)
2d quarter 1964, 3/31-6/29/64:
Gross backpay-------------------------------------------------------------------- 633.60
Interim earnings : Southern Builders , Inc., 3/31-6/29/64------------------- 631.31
Net interim earnings ------------------------------------------------------------- 631.31
Quarterly net backpay---------------------------------------------------------- 2.29
Total net backpay due to Littleton ------------------------------------------------------ $2, 557.31
I Earnings exceed backpay.
APPENDIX B
J. C. Comick
Comick's backpay period begins with the opening of the 1961 fall compressing
and storing season at Respondent's Natchitoches plant and ends September 14, 1964.
3d quarter 1961:
Gross backpay------------------------------------------------------------------------ $183.37
Interim earmimgs : Radio and television repair-- ------------------------ $188.83
Expenses : Materials utilized in radio and television repair-------------- 94.33
Net interim earnings-- ------------------------------------------------------------ 94.50
Quarterly net backpay --------------------------------------------------------- 88.87
4th quarter 1961:
Gross backpay-------------------------------------------------------------------- 489.08
Interim earnings : Radio and television repair --------------------------- 4.00
Expenses : Materials utilized in radio and television repair--- ------------ 2.00
Net interim earnings -------------------------------------------------------------
Quarterly net backpay ---------------------------------------------------------
1st quarter 1962:
Gross backpay------------------------------------------
-
--------------------------
Interim earmings : Radio and television repair--------------------------- 58.00
Expenses : Materials utilized in radio and television repair--------------- 28.50
Net interim earnings --------------------------------------------------------------
Quarterly net backpay---------------------------------------------------------
2d quarter 1962:
Gross backpay--------------------------------------------------------------------
Interim earnings : Radio and television repair --------------------------- 71.50
Expenses : Materials utilized in radio and television repair--------- ------ 40.95
Net interim earnings -------------------------------------------------------------
Quarterly net backpay---------------------------------------------------------
3d quarter 1962:
Gross backpay --------------------------------------`---------------------------
Interim earnings : Radio and television repair --------------------------- 96.50
Expenses : Materials utilized in radio and television repair--------------- 42. 75
2.00
487.08
252. 16
29.50
222.66
149.77
30. 55
119. 22
163.03
Net interim earnings ------------------------------------------------------------.- 53.75
Quarterly net backpay --------------------------------------------------------- 109.28
AMERICAN COMPRESS WAREHOUSE
APPENDIX B-Continued
4th quarter 1962:
Gross backpay- ------------------------------------------------------------------- $358.37
Interim earnings : Radio and television repair --------------------------- $73.00
Expenses : Materials utilized in radio and television repair --------------- 23.00
Net interim earnings ------------------------------------------------------------- 50.00
Quarterly net backpay --------------------------------------------------------- 308.37
1st quarter 1963:
Gross backpay--------------------------------------------------------------------
Interim earnings : Radio and television repair --------------------------- 82.05
Expenses : Materials utilized in radio and television repair------------ --- 35.20
43.39
Net interim earnings ------------------------------------------------------------- 46.85
Quarterly net backpay ------------------------------------------------------- (I)
279
2d quarter 1963:
Gross backpay ------------ --------------------------------------------------------
Interim earnings : Radio and television repair --------------------------- 194.10
Expenses : Materials utilized in radio and television repair--------------- 97.45
36.10
Net interim earnings-------------------------------------------------------------- 96.65
Quarterly net backpay --------------------------------------------------------- (1)
3d quarter 1963:
Gross backpay-------------------------------------------------------------------- 386.49
Interim earnings : Radio and television repair --------------------------- 135.35
Expenses : Materials utilized in radio and television repair-- ------------- 53.33
Net interim earnings -------------------------------------------------------------- 81.80
Quarterly net backpay -------------------------------------------------------- 304.69
4th quarter 1963:
Gross backpay-------------------------------------------------------------------- 695.03
Interim earnings : Radio and television repair --------------------------- 225.50
Expenses : Materials utilized in radio and television repair----- ---------- 81.25
Net interim earnings ------------------------------------------------------------- 144.25
Quarterly net backpay --------------------------------------------------------- 550.78
1st quarter 1964:
Gross backpay-------------------------------------------------------------------- 421.36
Interim earnings : Radio and television repair work---------------------- 150.57
Expenses : Materials utilized in radio and television repair--------------- 62.80
Net interim earnings------------------------------------------------------------- 87.77
Quarterly net backpay --------------------------------------------------------- 333.59
2d quarter 1964:
Gross backpay-------------------------------------------------------------------- 358.04
Interim earnings:
Amulet Radio & TV------------------------------------------------ 86.30
Radio and television repair----- ------------------------------------- 60.00
146.30
Expenses : Materials utilized in radio and television repair--------------- 21.20
Net interim earnings ------------------------------------------------------------- 125.10
Quarterly net backpay --------------------------------------------------------- 232.94
Total net backpay due to Comick ------------------------------------------------------- $2,757.48
I Earnings exceed backpay.
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX C
James Sims
James Sims' backpay period begins with the opening of the 1961 fall compressing
and storing season at Respondent's Shreveport, Louisiana, plant and ends October 5,
1964.
4th quarter 1961:
Gross backpay-------------------------------------------------------------------- $523.53
Interim earnings: None.
Net interim earnings ------------------------------------------------------------- 00.00
Quarterly net backpay--------------------------------------------------------- 523.53
tat quarter 1962:
Gross backpays---------------------------------------------------------- 303.95
Interim earnings : Chopping cotton--------------------------------------- $53.00
Net interim earnings ----------------------------------------------------- 53.00
Quarterly net backpay--------------------------------------------------------- 250.95
8d quarter 1962:
Gross backpay--------------------------------------------------------------------
Interim earnings: None.
Net interim earnings --------------------------------------------------------------
256.49
00.00
Quarterly net backpay---------------------------------------------------------- 256.49
3d quarter 1962:
Gross backpay-------------------------------------------------------------------- 98.51
Interim earnings: Cotton picking---------------------------------------- 75.00
Net interim earnings-------------------------------------------------------------- 75.00
Quarterly net backpay---------------------------------------------------------- 20.81
4th quarter 1962:
Gross backpay-------------------------------------------------------------------- 335.25
Interim earnings: None.
Net interim earnings -------------------------------------------------------------- 00.00
Quarterly net backpay---------------------------------------------------------- 335.25
181 quarter 1963:
Gross backpay-------------------------------------------------------------------- 379.89
Interim earnings: None.
Net interim earnings-------------------------------------------------------------- 00.00
Quarterly net backpay---------------------------------------------------------- 379.89
$d quarter 1963:
Gross backpay-------------------------------------------------------------------- 313.68
Interim earnings-------------------------------------------------------- 125.00
Net interim earnings -------------------------------------------------------------- 125.00
Quarterly net backpay---------------------------------------------------------- 188.68
3d quarter 1963:
Gross backpay --------------------------------------------------------------------
Interim earnings: Picking cotton, Baceville, La-------------------------- 219.00
183.97
Net interim earnings ----------------------------------------------------------- 219.00
Quarterly net backpay---------------------------------------------------------- (I)
I Earnings exceed backpay.
AMERICAN COMPRESS WAREHOUSE 281
APPENDIX C-Continued
4th quarter 1963:
Gross backpay-------------------------------------------------------------------- $521.05
Interim earnings: None.
Net interim earnings -------------------------------------------------------------- 00.00
Quarterly net backpay---------------------------------------------------------- 521.05
lot quarter 1964:
Gross backpay-------------------------------------------------------------------- 229.89
Interim earnings: None.
Net interim earnings-------------------------------------------------------------- 00.00
Quarterly net backpay---------------------------------------------------------- 229.89
ed quarter 1964:
Gross backpay-------------------------------------------------------------------- 336.89
Interim earnings: None.
Net interim earnings -------------------------------------------------------------- 00.00
Quarterly net backpay---------------------------------------------------------- 336.89
Total net backpay due to Sims---------------------------------------------------------- $ 3,043.43
APPENDIX D
Shreveport Seasonal Employees, 1961
Names: 4th quarter
1. T. C. Wilson----------------------------------------- $498.43
2. Billow Gant------------------------------------------ 628.12
3. John Houston, Jr------------------------------------- 521.83
4. Geo. Ansley------------------------------------------ 619.69
5. Robert Brown----------------------------------------- 661.54
6. Robert J. Williams------------------------------------ 494.92
7. Edward Graham-------------------------------------- 560.73
8. Albert Brown----------------------------------------- 255.36
9. Roy Sims Agneys------------------------------------- 382.59
10. Theodore Patcher------------------------------------- 692.01
11. Ray Jackson------------------------------------------ 443.61
Total quarterly earnings--------------------------------- $5,758.83
Number of employees----------------------------------------- 11
Quarterly gross backpay---------------------------------------- $523.53
Shreveport Seasonal Employees, 1962
Names
1st 2d
Quarter
3d 4th
T. L. Wilson ----------------------------------- $00.00 $00.00 $32.76 $432.67
Bulow Gant----------------------------------- 249.46 00.00 00. 00 00.00
John Houston---------------------------------- 00.00 00.00 00.00 00.00
Walter Evans---------------------------------- 00.00 00.00 00. 00 483.01
Geo. Ansley ------------------------------------ 154.38 00.00 00. 00 00.00
Robert Brown--------------------------------- 580.78 604.86 575. 20 775.52
Robert J. Williams----------------------------- 00.00 00.00 00.00 00.00
Edward Graham------------------------------- 217.62 00.00 00. 00 00.00
Robert Mawley-------------------------------- 00.00 00.00 00.00 00.00
Roy Sims Agneys---------------- 235.47 46.81 37.44 320.01
Theodore Patcher------------------------------ 495.35 117.81 68.30 421.87
Ray Jackson ----------------------------------- 194.64 00.00 00.00 220.85
Omer D. Hicks-------------------------------- 00.00 00.00 552.00 841.80
Willie Washington_____________________________ 00.00 00.00 29.75 461.24
Harold Graham________________________________ 00.00 00.00 44.17 394.10
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX D-Continued
Shreveport Seasonal Employees, 1962
Quarter
Names
1st 2d 3d 4th
Jessie Wyatt----------------------------------- $00.00 $00. 00 $26.33 $183.11
Owen Gilliam---------------------------------- 00.00 00. 00 26.62 448.48
Archie Lee Graham____________________________ 00.00 00. 00 15.80 394.60
John Faulkner_________________________________ 00. CO 00.00 27. 20 470.35
Billie Arnold___________________________________ 00.00 00.00 16. 07 395.90
James Lee Stedman____________________________ 00.00 00. 00 5.85 183.48
James Hudson--------------------------------- 00. 00 00. 00 15. 21 184.29
Harry G. Kieth-------------------------------- 00.00 00. 00 4.97 272.03
Murray Cummings____________________________ 00.00 00. 00 00.00 300.40
Tommy Jefferson______________________________ 00.00 00.00 00. 00 360.17
Ben Johnson, Jr-------------------------------- 00.00 00.00 00.00 451.15
Exter O'Neal ---------------------------------- 00.00 00.00 00.00 315.70
Andrew Wilson________________________________ 00.00 00.00 00.00 70.20
Sherden H. Pritchett___________________________ 00.00 00.00 00.00 164.47
Lewis B. Maiden_________ 00.00 Co. 00 00.00 54.40
Jack Bryant----------------------------------- 00.00 00. Co 00.00 287.91
Thearthur Dawson____________ 00.00 00.00 00.00 48. 26
Leroy Byrd------------------------------------ 00.00 00.00 00.00 260.92
James Bryant---------------------------------- 00.00 00.00 00.00 203.30
Harry T. Ryan____________ 00.00 00.00 00.00 322.13
Total quarterly earnings_________________ 2,127.70 769.48 1,477.67 . 9,722.32
Number of employees__________________________ 7 3 15 29
Quarterly gross backpay_______________________ $303.95 $256.49 $98.51 $335. 25
.Shreveport Seasonal Employees, 1963
Quarters
Names
1st' 2d 3d 4th
T. C. Wilson----------------------------------- $336.17 $00.00 $80.78 $806.89
John Houston, Jr______________________________ 00. 00 00.00 273.29 688.60
Robert Brown--------------- ---'__'_.________ 642.98 575.70 838.90 1,109.47
Roy Sims Agneys-------------------- --------- 00.00 00.00 251.26 646.88
Ray Jackson------- --------------- 00. 00 00.00 126.88 703.44
Omer D. Hicks-------------------------------- 703.80 657.80 00. 00 00.00
Willie Washington_____________________________ 94.86 160.16 726.15 1,028.80
Owen Gilliam---------------------------------- 364.40 00. 00 145.94 00.00
Archie Lee Graham____________________________ 252.13 263.83 229.38 960.49
John Faulkner--------------------------------- 00.00 318.30 561. 25 288.44
Billie Arnold ----------------------------------- 00.00 00.00 00.00 666.80
James Hudson--------------------------------- 00.00 00.00 43.75 00.00
Ben Johnson ----------------------------------- 00.00 127.04 331.68 545.90
Exter O'Neal---------------------------------- 264.83 92.90 261.73 784.38
Leroy Byrd------------------------------------ 00.00 00.00 166. 26 711.89
Lewis B. Maiden_______________________________ 00.00 00.00 228.75 621.87
James Bryant ----------------------------------- 00. 00 00.00 68.75 00.00
Thearthur Dawpon______________________________ 00.00 00.00 145.15 109.38
Harry T. Ryan----------- ------ 00.00 00.00 123.29 556.27
Charles D. Byrd_______________________________ 00.00 00.00 30. 00 885.64
Willie Ellison---------------------------------- 00. 00 00.00 30.63 398.60
Oscar Shelton---------------------------------- 00.00 00.00 205.50 569.54
AJber M. Thames----------------------------- 00.00 00.00 643.33 739..14
DeWitt C. Woods_____________________________ 00.00 00.00 322.50 738.75
AMERICAN COMPRESS WAREHOUSE
APPENDIX D-Continued
Shreveport Seasonal Employees, 1963
283
Quarters
Names
1st 2d 3d 4th
Lewis P Barber, Jr____________________________ $00 00 $00 00 $289 16 $621 51
Jinmuc Adonis--------------------------------- 00 CO 00 00 270 01 792 35
Elijah McKnight, Jr___________________________ 00 00 00 00 243 76 413 44
Leroy Carev----------------------------------- 00 00 00 00 209 38 694 70
Janies Rayson---------------------------------- 00 00 00 00 203 92 513 59
Frank Copeland ------------------------------- 00 00 00 00, 146 87 595 79
Birdett Summons_______________________________ 00 00 00 00 160 62 548 91
Jessie Scott------------------------------------- 00 00 00 00 197 19 00 00
C harles M. Lacobee-----------------_-_----__- 00 00 00 00 199 69 427 51
Joe Jackson, Jr_________________________________ 00 00 00 00 225 94 858 32
Clarence Rayson_______________________________ 00 00 00 00 36 35 00 00
Melvin Cary----------------------------------- 00 00 00 00 154 22 538 92
Joe McFarland_________________________________ 00 00 00 00 141 56 513 10
Ehjhb Leveston------------------ _____________ 00 00 00 00 155 78 535 17
Dan Carter------------------------------------ 00 00 00 00 171 88 276 41
John H. Dotson________________________________ 00 00 00 00 140 78 851 75
Michael T Pyles______________________________ 00 00 00 00 193 76 234 38
Jessie J. Okee---------------------------------- 00 00 00 00 190 47 447 82
Noah Nash ------------------------------------ 00 00 00 00 30 00 182.20
Claudio Elder---------------------------------- 00 00 00 00 149 69 567 52
Curtis ]3olden___-_____________________________ 00 00 00 00 127 97 566 42
Argie B Terrell-------------------------------- 00 00 00 00 151 88 406 73
Albert Magee---------------------------------- 00 00 00 00 00 00 00 00
Ceo Thomas ----------------------------------- 00 00 00 00 127 03 798 45
David M Cooper______________________________ 00 00 00 00 101 41 178 13
Homer Warren, Jr_____________________________ 00 00 00 00 189 23 837 52
Richard Page---------------------------------- 00 00 00 00 97 19 208 60
James Pettaway_______________________________ 00 00 00 00 91 09 553 30
Major Blackmon_______________________________ 00 00 00 00 82 66 810 79
R. C. Williams--------------------------------- 00 00 00 00 95 31 856 74
James Rasberry________-______________________ 00 00 00 00 51 25 546 27
Wm Ed Burton------------------------------- 00 00 00 00 43 44 615 01
W T Jackson----------------------------- 00 00 00 00 43.44 205 31
O B. Mathews-------------------------------- 00 00 00 00 30 94 157 C2
Lee Arthur Cooper _____________________________ 00 00 00 00 31 56 149 23
Allen Johnson, Jr______________________________ 00 00 00 00 27 19 299 69
Willie Fred Brown_____________________________ 00 00 00 00 35 31 224 53
Alfred Williams________________________________ 00 00 00 00 00 00 17 19
James Draper---------------------------------- CO 00 00 00 00 00 182 19
M C Terrell---------------------------------- 00 OC 00 00 00 00 186 25
Reuben hall----------------------------------- 00 00 00 00 00 00 239 53
Willie Ford------------------------------------ 00 00 00 00 00 00 462 19
Goo Draghn ----------------------------------- 00 00 00 00 00 00 384 07
Tommy Mosely-------------------------------- 00 00 00 00 00 00 492 67
A. C Bryant--------------------------------- 00 00 00 00 00 00 514 38
Willie Lee-------------------------------------- 00 00 00 00 00 00 47 50
Add Myers____________________________________ 00 00 00 00 00 00 685 03
David Chatman_______________________________ 00 00 00 00 00 00 471 42
Mack Ansley ---------------------------------- 00 00 00 00 00 00 583 61
Curtis Cary ------------------------------------ 00 00 00 00 00 00 462 97
Richard Faulkner______________________________ 00 00 00 00 00 00 497 20
Marvin O. Shaw, Jr____________________________ 00 00 00 00 00 00 138 00
Total quarterly earnings ----------------- 2,659 17 2,195 73 10, 670 29 35,952 52
Number of Employees_ 7 7 58 69
Quarterly gross $379 89 $313.68 $183 97 $521 05
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX D-Continued
Shreveport Seasonal Employees, 1964
Names
T. C. Wilson------------------------------------------------------------
John Houston, Jr--------------------------------------------------------
Robert Brown-----------------------------------------------------------
Roy Sims Agneys-------------------------------------------------------
Ray Jackson------------------------------------------------------------
Willie Washington-----------------------------------------------------
Archie Lee Graham-----------------------------------------------------
Billie Arnold-----------------------------------------------------------
Exter O'Neal------------------------------------------------------------
Leroy Byrd -------------------------------------------------------------
Charles D. Byrd--------------------------------------------------------
Oscar Shelton-----------------------------------------------------------
DeWitt C. Woods-------------------------------------------------------
Jimmie Adams----------------------------------------------------------
James Rayson----------------------------------------------------------
Frank Copeland ----------------------------- - ---------------------------
Birdett Simmons--------------------------------------------------------
Charles M. Lacobee-----------------------------------------------------
Joe Jackson, Jr--------------------------------------------------------
Melvin Cary------------------------------------------------------------
Elijhb Leveston--------------------------------------------------------
John H. Dotson---------------------------------------------------------
Claudie Elder-----------------------------------------------------------
George Thomas---------------------------------------------------------
Homer Warren, Jr------------------------------------------------------
Richard Page---- --------------------------------------------------------
Major Blackmon ---------------------------------------------------------
R. C. Williams ----------------------------------------------------------
Tommy Mosely--------------------------------------------------------
Add Myers --------------------------------------------------------------
Curtis Cary -------------------------------------------------------------
Richard Faulkner -------------------------------------------------------
Marvin O. Shaw, Jr-------------------------------------------: ---------
Don Robert Morgan---------- ------------------------------------------
Walter Thatcher, Jr-----------------------------------------------------
Total quarterly earnings-------------------------------------------
Number of employees ---------------------------------------------------
Quarterly gross backpay -------------------------------------------------
1st
Quarters
$299.70
120. 00
756.09
91.88
117.19
223.96
327.51
324.54
141.26
9'-'.. 56
645.26
43.44
668.75
155.63
61.25
12.19
176. 09
00. 00
200.16
96.88
116.41
328.13
122. 19
94.38
405.79
51.25
119.07
363.44
400.59
140.16
96.88
147.62
264. 00
378. 00
00.00
7,586.25
33
$229.89
2d
$460.32
100.32
706.32
40.63
00. 00
304.32
00.00
257.20
00.00
80.63
702. 00
00.00
698.75
00. 00
00. 00
00. 00
00.00
50.00
00. 00
00. 00
140.78
523.60
00. 00
00.00
00.00
174.84
00.00
311.88
588.96
84.07
00.00
00.00
00.00
702. 00
137.50
6, 064.12
18
$336.89
Quarterly Sum
1961-4th Quarter---------------------------------------------- $523.53
1962-
1st Quarter------------------------------------------------ 303.95
2d Quarter-------------------=----------------------------- 256.49
3d Quarter------------------------------------------------ 98.51
4th Quarter------------------------------------------------ 335.25
1963-
1st Quarter------------------------------------------------ 379.89
2d Quarter------------------------------------------------ 313.68
3d Quarter------------------------------------------------ 183.97
4th Quarter------------------------------------------------ 521.05
1964-
1st Quarter------------------------------------------------ 229.89
2d Quarter------------------------------------------------ 336.89
3,483. 10