Golay & Co., Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1970

184 N.L.R.B. 241 (N.L.R.B. 1970)

LEE CYLINDER
Lee Cylinder Division of Golay & Co ., Inc., Special
Products Division of Golay & Co., Inc., Chore
Boy Division of Golay & Co., Inc. and Interna-
tional Union, United Automobile , Aerospace and
Agricultural Implement Workers of America,
UAW. Cases 25-CA-1669-1, 25-CA-1669-2,
and 25-CA-1669-3
June 30, 1970
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FANNING, BROWN, AND JENKINS
On February 4, 1966, the National Labor Rela-
tions Board issued a Decision and Order in the
above-entitled proceeding,' finding that Lee
Cylinder Division of Golay & Co., Inc., Special
Products Division of Golay & Co., Inc., Chore Boy
Division of Golay & Co., Inc. (hereinafter called
Respondent), had engaged in certain unfair labor
practices within the meaning of the National Labor
Relations Act, and directing, inter alia , that the
Respondent offer immediate and full reinstatement
to certain employees and directing further that the
Respondent make whole the reinstated employees
for any loss of pay they may have suffered.
Thereafter, the Board's Order was enforced by the
United States Court of Appeals for the Seventh Cir-
cuit.2
On January 10, 1969, the Regional Director for
Region 25 issued a backpay specification and
notice of hearing. The Respondent filed an answer
to the backpay specification on February 24, 1969,
and thereafter filed an amended answer on April
25, 1969.
Pursuant to notice, a hearing was held on various
dates between April 28 and May 21, 1969, before
Trial Examiner William J. Brown to determine the
amounts of backpay. On October 17, 1969, the
Trial Examiner issued his Supplemental Decision
attached hereto, in which he awarded specific
amounts of backpay to 45 discriminatees and in
which he made certain other conclusions and
findings. Thereafter, the Respondent and the
General Counsel filed exceptions to the Trial Ex-
aminer's Supplemental Decision and supporting
briefs, and the Respondent also filed a request for
oral argument . Subsequently, the Respondent filed
an answering brief to the General Counsel's excep-
tions and cross-exceptions.
156 NLRB 1252
'Golay&Co,Inc v NLRB,371 F2d259(CA 7).
3 The Respondent 's request for oral argument is hereby denied because
the record , exceptions, and briefs adequately present the issues and the
positions of the parties
DIV. OF GOLAY 241
Pursuant to the provisions of Section 3(b) of the
Act, the National Labor Relations Board has
delegated its powers in connection with this
proceeding to a three -member panel.
The Board has reviewed the rulings of the Trial
Examiner made at the hearing and finds that no
prejudicial error was committed . The rulings are
hereby affirmed . The Board has considered the
Trial Examiner 's Supplemental Decision , the excep-
tions and briefs, and the entire record in this
proceeding ,3 and hereby adopts the findings, con-
clusions, and recommendations of the Trial Ex-
aminer only to the extent consistent herewith.
1. Tolling
The Respondent has excepted to the Trial Ex-
aminer's conclusion that backpay should not be
tolled for those 23 individuals who, in the original
proceeding in this matter before Trial Examiner
James V. Constantine, were found to have been
discharged for reasons not violative of the Act. The
Board reversed Trial Examiner Constantine's deci-
sion on this point and found that all of the
discharges, involving the 23 of those in issue here,
were in violation of Section 8(a)(3) and (1) of the
Act.' As mentioned above, the Board's Order of
reinstatement with backpay to all the claimants was
enforced. However, the court did not adopt the
Board's finding that the 23 employees were
discharged for reasons violative of Section 8(a)(3)
and (1);5 rather, in reaching the result it did, the
court applied the Thayers balancing theory. The
Respondent now argues that the Board should
reconsider this matter in view of the Thayer line of
cases.
We agree with the Trial Examiner's disposition of
this issue. Moreover, it is clear that the Thayer prin-
ciple was fully considered in our initial decision and
we found that even if we were to apply it our result
would not be different.7 We now affirm that find-
ing.
2. Wage increase
The General Counsel, in his specification, in-
cluded, as part of the gross backpay, three hourly
wage increases of 10 cents for the 43 discriminatees
who worked in the Respondent's Department 500,
excluding Walter R. Heaston and Melvin Moistner.
Thus, the record reveals that on January 13, 1964,
4 156 NLRB 1252, 1260-64
'Golay&Co,Inc v NLRB,371 F2d259,262(CA.7)
6N L R B v H N Thayer Co, 213 F 2d 748 (C A 1), see Kohler Co,
148 NLRB 1434 , enfd 300 F 2d 699 (C A D C )
r 156 NLRB 1252 , 1263, fn 13
184 NLRB No. 28
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
80 of the 100 employees working in Department
500 received a 10-cent raise. Again, on May 3,
1965, another 10-cent raise was granted to 51 of
the 146 employees, and finally, the third such pay
raise was given on July 11, 1966, to 52 of the 105
employees in Department 500. The parties stipu-
lated that these increases were not across-the-board
wage raises.
The Respondent contends that the raises were
mere adjustments within modified rate ranges for
several, but not all, classifications and, further, that
they were granted on the basis of merit, including
such factors as work record, productivity, and per-
sonal attitude. The Respondent asserts that the
record is barren of any evidence that any of the 43
discriminatees would have received an increase
during the backpay period. Relying primarily on the
above, the Trial Examiner concluded that the
evidence did not preponderate in favor of a finding
that any one or more of the discriminatees would
have received the wage increase . The General
Counsel excepted and we find merit in his excep-
tions.
It has long been recognized that "in applying its
authority over backpay orders, the Board has not
used stereotyped formulas but has availed itself of
the freedom given it by Congress to attain just
results in diverse, complicated situations."" As in all
cases of discriminatory discharge, the reasonable-
ness of the remedy must comport with the Board's
duty to bring about "a restoration of the situation,
as nearly as possible, to that which would have ob-
tained but for the illegal discrimination . "9 In at-
tempting to attain a just result, the Board has long
included in its backpay formulas allowances for
wage increases .10 Therefore, the General Counsel
acted well within his authority by including the
wage raises in his specification.
In spite of the above, the Trial Examiner denied
the wage increase allowances in the backpay
specification for the reason that the General Coun-
sel did not present sufficient evidence showing that
the discriminatees would have received the pay
raises . We believe that the Trial Examiner placed
the burden of proof upon the wrong party. In con-
Phelps Dodge Corp v NLRB, 313US 177, 198
° Id at 194
10 Underwood Machinery Company, 95 NLRB 1386, West Texas Utilities
Company, Inc, 109 NLRB 936.
"In pertinent part , Sec 102 54(b) of the Board 's Rules and Regulations
states
As to all matters within the knowledge of the respondent . . if the
respondent disputes either the accuracy of the figures in the specifica-
tion or the premises on which they are based , he shall specifically state
the basis for his disagreement , setting forth in detail his position as to
the applicable premises and furnishing the appropriate supporting
figures
IS In pertinent part, Sec 102 54(c) of the Board's Rules and Regulations
states.
formity with the Board's Rules and Regulations it
was incumbent upon the Respondent, in its answer
to the backpay specification, to state with clarity its
disagreement with the General Counsel's statement,
including under what grounds the specification was
incorrect and the correct figures in support of its
contention." The above is especially applicable
here because the factors taken into consideration
by the Respondent in granting the three wage raises
were peculiarly within its knowledge. Nevertheless,
beyond merely denying that the wage increases
were given across-the-board and contending that
such raises were granted upon certain intangible
considerations, the Respondent made no effort to
present its reasons for denying the raises to any, or
to all, of the discriminatees. Under these circum-
stances, we have no recourse but to deem the wage
increase for each claimant to be admitted as true.12
We recognize that there is an element of uncer-
tainty present in this case because some of the dis-
criminatees might not have received any one, or all
three, of the raises if they had not been discrimina-
torily discharged. On the other hand, the record
clearly reveals that the Respondent granted wage
increases to a substantial number of employees in
Department 500 on three specific occasions; in one
instance 80 percent of the employees received the
wage raise . Furthermore, the Respondent does not
contend that any employee would not have
received any one, or all three, of the raises and
merely asserts that the wage increases were based
on meritorious performance. On balance, therefore,
the Respondent does not deny that but for its dis-
criminatory actions the employees in question
would have merited the wage increases. In accord
with prior decisions, we find that the denial of wage
raises would reward wrongdoing because, in a
manner violative of the Act, the Respondent caused
the discriminatees to lose their opportunity to merit
the increases which, as stated above, appear to
have been granted to substantial numbers of their
replacements at specific intervals. 13 In conclusion,
if the Respondent wished to mitigate its damages in
this regard it was incumbent upon it to come forth
with some evidence showing that individual em-
ployees would not have merited the increases."'
If the respondent files an answer to the specification but fails to deny
any allegation of the specification in the manner required by subsec-
tion (b) of this section [i e , 102 .54(b)], and the failure so to deny is
not adequately explained, such allegation shall be deemed to be ad-
mitted to be true
" See Trinity Valley Iron and Steel Company, 158 NLRB 890, 916-917,
enfd in pertinent part 410 F.2d 1161, 1172-73 (C A. 5).
14 "Since proof of the discriminatory discharges established that some
damage had been suffered , it was proper for the Board to leave with Mastro
[the respondent] the burden of proving facts to mitigate the extent of those
damages " NLRB v Mastro Plastics Corp., 354 F 2d 170, 174 (C A 1),
cert denied 384 US 972
3. Vacation pay
LEE CYLINDER DIV. OF GOLAY 243
The Trial Examiner , in his Supplemental Deci-
sion , inadvertently omitted allowance for vacation
pay in the third quarter of each year in the backpay
period . The amount of vacation pay owed was
separately itemized in accord with company prac-
tice in the General Counsel 's specification and no
objection to it was raised . Therefore , we accept, as
admitted , the vacation hours and pay allotted to
each claimant , subject , of course , to amendments
and stipulations received at hearing . In computing
the remaining sums due in each third quarter we
have relied on the figures submitted by the Respon-
dent and found appropriate by the Trial Examiner.
4. Individual claims
A. Marvin Frady
In his Supplemental Decision the Trial Examiner
concluded that Frady had not exercised due
diligence in seeking interim employment from the
commencement of his backpay period, March 25,
1963, until the third quarter of 1965, and con-
sequently denied him backpay for that period. We
find merit in the General Counsel's exception.
Frady was 50 years old at the beginning of the
backpay period and had lived for 20 years in the
Cambridge City, Indiana, area. As the Trial Ex-
aminer related, Frady married a widow with four
children in early 1966, had a daughter born, and
was divorced in January 1967. Frady first registered
for work at the Indiana State Employment Security
Division (hereinafter ISESD) office in January
1963. Frady testified that he registered for work
each week during the ensuing period before he
secured employment in mid-1965. During this
period for which backpay was denied Frady specifi-
cally recalled contacting at least six private em-
ployers seeking employment.
In situations as presented in Frady's case we
deem it relevant to consider the surrounding cir-
cumstances15 rather than merely rely on some
mechanistic approach or judge the claimant's "suc-
cess" as determinative of the discriminatee's effort
to seek offsetting earnings . Thus, we note, that
besides his age, Frady encountered several hin-
drances to finding employment before the middle
is While perhaps no exhaustive listing of such circumstances is possible,
at the very least, we have approved including " the economic climate in
which the individual operates, his skill and qualifications , his age, and his
personal limitations "Mastro Plastics Corporation , 136 NLRB 1342, 1359
18 A number of discnminatees testified that they were not referred to
jobs in the Cambridge City area because of their participation in a labor
dispute The reasons given by the ISESD appear to rest on the belief that
the prospective employer would not go to the expense of hiring such an em-
ployee when he stood a good chance of losing his services once the labor
of 1965. For example, in one instance when a job
became available at a local employer, the ISESD
agent in charge notified Frady and had him come in
for a prereferral interview. However, after review.
However, after reviewing Frady's file the ISESD
employee decided not to recommend him because,
in Frady's words, he was told that the employer in
question "wouldn't hire me over there on account
of I was in a labor dispute."16 Frady encountered
much the same response when he applied on his
own at another private employer in the area.
Another drawback was Frady's lack of a high
school education which specifically accounted for
his failure to obtain employment at another local
employer.
While the Respondent has supplied evidence to
show that Cambridge City was not in a depressed
area and that many jobs were available, we are
satisfied that Frady encountered difficulty in find-
ing employment despite his diligent efforts in seek-
ing work on his own and especially through the
ISESD which had contact with the greatest number
of employers in this area . Based on the above, we
find, contrary to the Trial Examiner, that Frady
made a diligent effort to secure employment before
the summer of 1965.
B. Thomas J. Harrison
The Trial Examiner found that Harrison exer-
cised due diligence in seeking interim employment
only during the four quarters of 1963 and that he
should be denied backpay for the remainder of the
backpay period. The General Counsel has excepted
and we find merit in his exceptions.
At the commencement of his backpay period,
Harrison was about 46 years old, married, and had
one adult son living with him for a brief period be-
fore he went into the armed services. Harrison had
lived in the Cambridge City area for 30 years.
Besides age , there are several relevant factors
which, as in the case of Marvin Frady, appear to
have had an adverse bearing on Harrison's em-
ployability. As the Trial Examiner noted, Harrison
is without sight in one eye and, to further com-
pound his troubles, has poor vision in the other. On
at least one occasion this impediment prevented
him from acquiring a job. Furthermore, Harrison
has only a sixth grade education which he knew was
dispute was settled Also, almost from the outset , the ISESD apparently was
of the opinion that the dispute would be of short duration and, further, that
most of the claimants would return to the Respondent The Respondent has
requested the Board to take into account the job market conditions prevail-
ing in the area during the backpay period We have done so and are
satisfied that this was not a depressed area, but in the face of the above, and
considering the personal limitations of these employees , it is virtually im-
possible to determine with any degree of exactitude just how many jobs
were available to these claimants
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a bar to obtaining a job at some employers in his
working area. Finally, Harrison's participation in a
labor dispute caused him to lose at least one oppor-
tunity for employment in the backpay period.
The record offers some support for the Trial Ex-
aminer's finding that Harrison made no job inqui-
ries at private employers after May 1963 in that
only one questionnaire, listing Harrison's activities
in the early backpay period up to May 1963, was
introduced into evidence.17 In view of other
evidence, we are of the opinion that this record of
employers visited by Harrison through May 1963
fails to frame adequately the total picture of the
discriminatee 's efforts to seek interim employment.
To begin with, Harrison testified unequivocally
that he sought employment at other private em-
ployers beyond those listed on the General Coun-
sel's questionnaire and further testified that he had
recorded the names of those additional employers.
However, at the hearing, only one of the backpay
questionnaires was produced and, based on such
scant evidence, we would be inclined to agree with
the Trial Examiner that no serious effort was made
by the discriminatee after May 1963, but for the
fact that there is competent testimony to the con-
trary. Thus, Harrison testified that he went "to
about all the factories there in Connersville looking
for work" and, as the Trial Examiner found, Har-
rison contacted a substantial number of potential
employers in his working area . The record also
clearly shows that Harrison returned to a number of
these places periodically throughout 1963 and the
following year. This fact does not appear on the
questionnaire submitted by the General Counsel.
Likewise, Harrison's testimony further establishes
that he, in the company of another man, drove to
several other Indiana cities and the Dayton, Ohio,
area seeking work. Apparently these efforts were
all made after May 1963, because they were not
listed on the questionnaire received into evidence.
Although the record does establish that Harrison
did not visit the ISESD after the fourth quarter of
1963, we do not agree that that fact adequately pin-
points Harrison's last efforts to seek work because,
as noted above, the discriminatee recalled visiting
at least one employer after that time and, further,
testified to working at several odd jobs including
ditch digging, trimming trees, and working several
brief intervals for the local city government.
In sum, we find that Harrison's activities during
the backpay period were not inconsistent with his
duty to seek offsetting earnings. In conclusion, we
it In the preparation of his case, the General Counsel asked each dis-
cnmmatee to record on a questionnaire supplied by him the names of em-
ployers interviewed and whether or not employment was obtained In Har-
nson's case only one such document was produced at trial and listed nu-
feel that, in the circumstances of this case, an em-
ployee who, despite personal handicaps, makes an
early, vigorous effort to seek work at a substantial
number of employers, both within and outside his
long-established working and living area, should not
be penalized merely because he did not "space
out" his efforts. Therefore, we have modified the
Trial Examiner's Supplemental Decision to include
the period up to the Respondent's offer of rein-
statement.
C. John F. Jamison
The Trial Examiner found that Jamison should be
denied backpay for the period covering the last
quarter of 1963, through the third quarter of the
following year. The General Counsel has excepted
to this finding and we find merit in his exception.
Jamison was about 46 years of age at the start of
his backpay period. He was married at the time,
was later divorced, and remarried in 1964. Jamison
had lived in this working area all of his life. The dis-
criminatee visited the ISESD approximately 11
times during the early part of the backpay period
offering "to do anything that comes up." In addi-
tion, he recalled seeking employment at four
private employers during the same period. Jamis-
on's record further reveals that he was employed
throughout the backpay period except for the first
6 months of 1964. While the discriminatee could
only recall the names of three employers he visited
during this period, he did remember looking for
work in another city in the general area. Also, he
specifically recalled that at one employer his appli-
cation was turned down because he was not a high
school graduate. Taking Jamison's record as a
whole, it appears that he was successful in obtain-
ing offsetting earnings by working as a farmer
which was far removed from his job at the Respon-
dent where he was a knurling machine operator,
clearly indicating that he was indeed willing "to do
anything that comes up."
On the above facts, we feel that Jamison was
diligently seeking work during the brief period
when he was unemployed and was not willfully idle
during this period. We have modified the Trial Ex-
aminer's Supplemental Decision to reflect added
net backpay owing in the quarters which were disal-
lowed.
D. Billy R. Tyree
The General Counsel excepted to the Trial Ex-
aminer's failure to exclude a portion of Tyree's in-
merous employer 's visited The last entry on the last line of the paper
named an employer visited in May 1963 Nevertheless, Harrison testified
that he filled out another questionnaire showing places visited after that
date
LEE CYLINDER DIV. OF GOLAY 245
terim earnings because they constituted continued
moonlighting in which Tyree was engaged before
and after his discharge. We find merit in this excep-
tion.
The record clearly shows that Tyree, a month be-
fore he was discharged, was earning supplemental
income by working at a service station during his
nonworking hours. Tyree continued working at the
same employer for the same hours until the third
quarter of 1964 when he became a full-time em-
ployee at the station. He remained at the station as
a steady employee until the third quarter of 1966.
Consistent with past policy18 we believe that an
adjustment should be made to Tyree's interim
earnings to reflect this continued moonlighting and
to exclude such part of his earnings from the secon-
dary employer which would normally be earned if
he were still employed at the Respondent. To do
this we shall exclude from interim earnings all in-
come Tyree received from the service station
through the second quarter of 1964 during which
time he worked approximately the same number of
hours as before his discharge. Beginning with the
third quarter of 1964 and extending through the
second quarter of 1966, we have excluded one-
fourth of Tyree's earnings from the same employer
to account for continued moonlighting employ-
ment.
E. George W. Dillman
The Respondent excepted to the Trial Ex-
aminer's reconstruction of Dillman's interim
earnings between the second quarter of 1964 and
the first quarter of 1964, contending that the Trial
Examiner, through apparent oversight, failed to
reflect certain of his findings in the arithmetical
computations. Also, the Respondent excepted to
the Trial Examiner's inadvertant failure to make
proper allowances during the same period for rent-
free housing Dillman received. We agree with
Respondent's exceptions in this regard, and we
have modified the Trial Examiner's Supplemental
Decision to reflect these changes.
F. Earl R. Blair, Jesse James, and James A. Steele
The Trial Examiner found that Blair, James, and
Steele had each fulfilled his duty to seek interim
employment . The Respondent excepted to this find-
ing with regard to each of the above-named in-
dividuals.
Upon a careful review of the records of each of
the three discriminatees we are satisfied that each
met his duty to seek offsetting earnings and , there-
fore, we adopt the Trial Examiner's findings and
conclusions with regard to Blair, James, and Steele.
5. Backpay
In view of our findings herein, we have recom-
puted the backpay, if any, due each discriminatee
in accordance with the formula utilized by General
Counsel in his backpay specification. We agree
with the Trial Examiner that this formula is
reasonable and appropriate. For the reasons stated
in his Supplemental Decision we also agree with the
Trial Examiner that adjusted hours submitted by
the Respondent are correct. We have utilized and
relied on these adjusted figures where pertinent.
Furthermore, in addition to the special circum-
stances specifically noted in the attached Appendix,
we have also considered and, where not otherwise
discussed herein, made part of our recomputation
other adjustments found appropriate by the Trial
Examiner; e.g., illness, insurance reimbursements
and premium deductions, voluntary unemployment,
additions to interim earnings, and various allowable
expenses.
ORDER
On the basis of the foregoing Supplemental Deci-
sion and Order and the entire record in this case,
the National Labor Relations Board hereby orders
that the Respondent, Lee Cylinder Division of
Golay & Co., Special Products Division of Golay &
Co., Inc., Chore Boy Division of Golay & Co., Inc.,
Cambridge City, Indiana, its officers, agents, suc-
cessors, and assigns , shall pay to the employees in-
volved in proceeding as net backpay the following
amounts: to
Name Net Backpay Due
1. Walter R. Heaston 522.56
2. Melvin Moistner 444.10
3. Marion K. Baker 3,941.82
4. Earl R. Blair 13,477.66
5. James E. Caudill 1,941.01
6. Henry Cecil, Jr. 3,174.63
7. Walter W. Chaney 2,515.52
8. William O. Clemons 3,502.65
9. Harold E. Cornett 1,249.29
10. George W. Dillman 1,636.12
1B See Rice Lace Creamery Company, 151 NLRB 1113, 1114, fn 4, enfd.
365F2d888(CADC)
18 Interest is to be added at the rate of 6 percent per annum on the basis
of the quarterly amounts of net backpay due in accordance with the formu-
la set forth in Isis Plumbing & Heating Co, 138 NLRB 716, less any tax
withholding required by law
427-835 0 - 74 - 17
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
11. Howard Durham 2,747.96 29. Charles E. Nash 1,988.38
12. George Eldridge 1,759.61 30. Robert Lee Nick 321.10
13. Earl Ford 892.77 31. Bill E . O'Dear 3,397.47
14. Bivon Fowler 493.78 32. Paul E. Paris 5,554.24
15. Kenneth W. Fowler 1,551.11 33. Lester A. Pebworth 2,459.93
16. John H. Fox20 2042.53 34. James H. Powell 4,701.38
17. Marvin Frady 10,590.41 35. Donnie Ray Purvis 3,286.83
18. Gerald D. Goble 2,596.60 36. James F. Raby 1,811.58
19. Bennie J.Hall 5,100.17 37. John A. Raby 4,300.27
20. Thomas J. Harrison 13,699.01 38. Paul E. Sims 98.26
21. Robert Isaacs 3,833.65 39. James A. Steele 6,663.94
22. Jesse James 8,559.65 40. Richard A. Toney 782.38
23. John F. Jamison 5,083.61 41. Andrew J. Transier 4,612.39
24. Walter L. Jones 869.81 42. Billy Tyree 4,453.36
25. Ronald Keal 2,237.75 43. Delbert Vickers 3,818.78
26. Robert G. Lawrence 4,115.48 44. James R. Winchester 4,563.10
27. Robert V. Meyer 1,334.76 45. Carl G. Wyramon 3,634.89
28. Willie Joe Mills 2,338.44
20 Payable to next of kin
LEE CYLINDER DIV. OF GOLAY 247
APPENDIX
YEAR &
QTR
GROSS NET INTERIM NET
HOURS RATE BACKPAY EARNINGS BACKPAY
1. Walter R . Heaston
1962 4 326.6 1.60 522.56 .00 522.56
2. Melvin L. Moistner
1962 4 253.77 1.75 444.10 .00 444.10
3. Marion Baker
1963 1 49.5 2.00 99.00 .00 99.00
2 537.5 2.00 1,075.00 257.98 817.02
3 Vacation 48.0 2.00
477.5 2.00 1,051.00 793.58 257.42
4 517.8 2.00 1,021.85 13.75
1964 1 71.1 2.00
436.6 2.10 1,059.06 807.02 252.04
2 525.6 2.10 1,103.76 705.12 398.64
3 Vacation 48.0 2.10
483.3 2.10 1,115.73 720.40 395.33
1/
4 528.9 2.10 1,110.69 820.20 290.49
1965 1 486.7 2.10 1,022.07 722.20 299.87
2 190.9 2.10
319.8 2.20 1,104.45 798.00 306.45
1/ The Trial Examiner inadvertently used the corrected hours from another
quarter.
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
966
3 Vacation 40.0
492.2
4 506.7
3 Vacation 40.0
45.3
489.4
2.20
2 . 20
2.20
2.20
2.20
2 . 30
1,170 . 84
1,114.74
1,313 . 28
840 . 01
783.17
1,109 . 87
330.83
331.57
203.41
Less $54 . 00 Misc . Int. Earnings
4. Earl R. Blair
1963 1 49 . 5 1.80 89 . 10 .00 89.10
2 537.5 1.80 967 . 50 .00 967.50
3 Vacation 48.0 1.80
477.5 1.80 945.90 .00 945.90
4 517.8 1.80 932 . 04 147.00 785.04
1964 1 71.1 1.80
436.6 1.90 957.52 412.50 545.02
2 525 . 6 1.90 998 . 64 .00 998.64
3 Vacation 88.0 1.90
438.2 1.90 999 . 78 .00 999.78
4 528.9 1.90 1 , 004.91 .00 1,004.91
1965 1 486.7 1.90 924.73 .00 924.73
2 190.9 1.90
319.8 2.00 1,002.31 .00 1,002.31
3 Vacation 80.0 2.00
451.1 2.00 1,062.20 126 . 13 936.07
LEE CYLINDER DIV. OF GOLAY 249
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
1966
4
2
3 Vacation
567 . 8
524 . 2
80.0
4489
2.00
2.00
2.00
2 10
1,135.60
1,048 . 40
187 741
126.12
358 . 00
00
1,009.48
690.40
1 187.74
1967
4
1
.
560 . 2
102 . 2
.
2.10
2.10
.,
1,176.42
214.62
.
.00
. 00
,
1,176.42
214.62
5. James E . Caudill
1963 1 49.5 1.60 79.20 . 00 79.20
2 537.5 1.60 860 . 00 92.00 768.00
3 Vacation 48.0 1.60
477.5 1.60 840 . 80 485.30 355.50
1964 1 71.1 1.60
436.6 1.70 855 . 98 179 . 52 676.46
2 525 . 6 1.70 893 . 52 831 . 67 61.85
6. Henry Cecil
1963 1 49.5 1.90 94.05 . 00 94.05
2 537.5 1.90 1 , 021.25 262.60 758.65
3 48.0 1.90
477.5 1.90 998 . 45 607.62 390.83
4 517.8 1.90 983 . 82 699.67 284.15
1964 1 71.1 1.90
436.6 2 . 00 1,008.29 792 . 89 215.40
2 525.6 2.00 1,051 . 20 791.75 259.45
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR _ HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
965
1967
3 Vacation
4
1
2
1
48.0
483.3
528.9
486.7
190.9
319.8
496.2
2.00
2.00
2.00
2.00
2.00
2.10
2.20
1,062.60
1,057.80
973.40
1,053.38
1,091.64
695.63
1,021.50
872.95
736.40
740.24
366.97
36.30
100.45
316.98
351.40
7. Walter W. Chaney
1963 1 49.5 1.80 89.10 .00 89.10
2 537.5 1.80 967.50 415.13 552.37
3 Vacation 48.0 1.80
2/
477.5 1.80 945.90 662.62 283.28
4 517.8 1.80 932.04 .00 932.04
1964 1 71.1 1.80
436.6 1.90 957.52 544.00 413.52
2 525.6 1.90 998.64 792.00 206.64
3 Vacation 48.0 1.90
483.3 1.90 1,009.47 970.90 38.57
8. William 0. Clemons
1962 4 174.0 1.70 295.80 .00 295.80
2/ The original figure in the backpay specification, $9,662.62, was
amended at the hearing to reflect the correct amount of interim
earnings, $662.62.
YEAR &
TQR
1963 1
2 537.5 1.70 913.75 .00 913.75
3 Vacation 48.0 1.70
4
9. Harold E. Cornett
1964 3 Vacation and
Holiday Pay
1965 3 Denied Because 202 . 40 202.40
of New Employee
1966 3 Status
1962 4
1963 1
2
1966 3
4/
1963 2
4
Vacation
LEE CYLINDER DIV. OF GOLAY 251
GROSS NET INTERIM NET
HOURS RATE BACKPAY EARNINGS BACKPAY
622.3 1.70 1,057.91 .00 1,057.91
477.5 1.70 893.35 70.00 823.35
123.2 1.70 209.44 .00 209.44
174.0 1.50 261.00 .00 261.00
622.3 1.50 933.45 .00 933.45
537.5 1.50 806.25 751.87 54.38
441.1 1.80
80.0 1.70 929.98 929.52 .46
10. George W. Dillman
537.5 1.70 913.75 399.54 514.21
517.8 1.70 880.26 630.14 250.12
1964 1 71.1 1.70
436.6 1.80 906 .75 551.20 355.55
3/ The Trial Examiner inadvertently listed the corrected hours as 437.5
instead of the correct figure above.
4/ At the hearing, the backpay specification was amended to include 80
hours of vacation time.
3/
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
967
2
3 Vacation
4
2
525 . 6
48.0
483.3
528.9
116 . 4
1.80
1.80
1.80
1.80
2.00
946 . 08
956 .34
952 .02
232 . 80
836 . 00
800.00
300 .00
135.00
110.08
156.34
152.02
97.80
11. Howard Durham
1963 1 49 . 5 1.70 84 . 15 .00 84.15
2 537.5 1.70 913.75 . 00 913.75
3 Vacation 48.0 1.70
477.5 1.70 893 . 35 .00 893.35
4 517.8 1.70 880 . 26 233 .00 647.26
1965 2 190.9 1.80
319.8 1.90 951.24 780.39 170.85
1967 2 116.4 2.00 232 . 80 194 . 20 38.60
12. George Eldridge
1962 4 242 . 9 1.50 364 . 65 73 . 03 291.32
1963 1 622.3 1.50 933.45 163.72 769.73
2 537 . 5 1.50 806 . 25 483 . 75 322.50
3 Vacation 28.0 1.50
477.5 1.50 758 . 25 483 .75 274.50
4 517.8 1.50 776.70 768.95 7.75
1964 1 71.1 1.50
436.6 1.60 805.21 711.40 93.81
LEE CYLINDER DIV. OF GOLAY 253
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
13. Earl Ford
5/
1963
964
965
1967
1 49.5
2 537.5
3 Vacation 28.0
477.5
1 71.1
436.6
2 525.6
3 Vacation 48.0
483.3
1 486.7
2 116.4
1.60
1.60
1.60
1.60
1.60
1.70
1.70
1.70
1.70
1.70
1.90
79.20
860.00
808.80
855.98
893.52
903.21
827.39
221.16
12.80
791.76
617.07
768.00
756.00
879.40
731.46
. 00
66.40
68.24
191.73
87.98
137.52
23.81
95.93
221.16
1963
14. Bivon Fowler
6/
1 49.5
2 537.5
2.00
2.00
99.00
1,075:00
.00
680.22
99.00
394.78
15. Kenneth W. Fowler
1962 4 196.1 1.70 333.37 .00 333.37
1963 1 622.3 1.70 1,057.91 .00 1,057.91
2 537.5 1.70 913.75 873.22 40.53
4 517.8 1.70 880.26 829.68 50.58
1964 1 71.1 1.70
436.6 1 . 80 906 . 75m 906.72 .03
5/ As the claimant's backpay period began on March 25, 1963, the
corrected hours should be 49.5.
6/ Id.
254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
2 525.6 1.80 946.08 877.39 68.69
16. John Fox , next of kin of
1963 1 49.5 2.00 99.00 22.40 76.60
2 537.5 2.00 1,075.00 414.35 660.65
,4 485.5 2.00 971.00 665.72 305.28
Insurance
Benefit 1,000.00
1963
17. Marvin Frady
1 49.5 1.70 84.15 .00 84.15
2 537.5 1.70 913.75 .00 913.75
3 Vacation 88.0 1.70
438.2 1.70 894.54 .00 894.54
4 517.8 1.70 880.26 .00 880.26
1964 1 71.1 1.70
436.6 1.80 906.75 .00 906.75
2 525.6 1.80 946.08 .00 946.08
3 Vacation 88.0 1.80
438.2 1.80 947.16 .00 947.16
4 528.9 1.80 952.02 .00 952.02
1965 1 486.7 1.80 876.06 .00 876.06
2 190.9 1.80
319.8 1.90 951.24 .00 951.24
3 Vacation 80.0 1.90
451.1 1.90 1,009.09 429.99 579.10
4 567.8 1.90 1,078.82 .00 1,078.82
LEE CYLINDER DIV. OF GOLAY 255
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
1966 1
4
503.3
560.2
1.90
2.00
956.27
1,120.40
411.50
1,084.69
544.77
35.71
18. Gerald D. Goble
1963 1 49.5 1.80 89.10 58.53 30.57
2 535. 7 1.80 967.50 645.21 322.29
1964 1 71.1 1.80
436.6 1.90 957.52 583.94 373.58
1965 1 486.7 1.90 924.73 641.27 283.46
4 567.8 2.00 1,135.60 856.20 279.40
19. Bennie J. Hall
1963 1 49.5 1.60 79.20 .00 79.20
2 537.5 1.60 860.00 .00 860.00
3 Vacation 48.0 1.60
477.5 1.60 840.80 .00 840.80
4 517. 8 1.60 828 .48 237.80 590.68
1964 1 71.1 1.60
436.6 1.70 855.98 305.34 550.64
2 525.6 1.70 893.52 270.10 623.42
4 528.9 1.70 899.13 852.60 46.53
1965 1 486.7 1.70 827.39 205.60 621.79
2 190.9 1.70
319.8 1.80 900.17 672.22 227.95
3 Vacation 40.0 1.80
492.2 1.80 957.96 675.00 282.96
256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
TTR_
GROSS NET INTERIM NET
HOURS RATE BACKPAY EARNINGS BACKPAY
1967 1 198 . 0 1.90 376.20 . 00
376.20
20. Thomas J. Harrison
1963 1 49 . 5 1.70 84 . 15 .00 84.15
2 537.5 1.70 913.75 .00 913.75
Vacation 48.0 1.70
477.5 1.70 893 . 35 .00 893.35
4 517.8 1.70 880.26 .00 880.26
1964 1 71.1 1.70
436.6 1.80 906.75 .00 906.75
2 525.6 1.80 946 . 08 .00 946.08
ation3 V 48 0 1 80ac . .
483.3 1.80 956 . 34 90.00 866.34
4 528 . 9 1.80 952.02 .00 952.02
1965 1 486 . 7 1.80 876.06 .00 876.06
2 190.9 1.80
319.8 1 . 90 951 . 24 25.00 926.24
3 Vacation 80.0 1.90
451.1 1.90 1,009.09 25.00 984.09
4 506.7 1.90 962.73 . 00 962.73
1966 1 39 . 9 1.90 75.81 .00 75.81
2 524 . 2 1.90 995.98 25.00 970.98
3 Vacation 80.0 1.90
489.4 2.00 1,130 . 80 25 . 00 1,105.80
4 560 . 2 2.00 1,120.40 . 00 1,120.40
LEE CYLINDER DIV. OF GOLAY 257
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
1967 1 117.1 2 .00 234.20 .00 234.20
21. Robert Isaacs
1963 1 49.5 1.80 89.10 . 00 89.10
2 537.5 1.80 967.50 353.63 613.87
3 Vacation 48.0 1.80
477.5 1.80 945.90 18.00 927.90
4 517.8 1.80 932.04 . 00 932.04
1964 1 71.1 1.80
7/
436.6 1.90 957 .52 173 .35 784.17
2 525 . 6 1.90 998 .64 613.20 385.44
3 Vacation 48.0 1.90
483.3 1.90 1 ,009.47 986.96 22.51
4 528 . 9 1.90 1,004 . 91 990 .46 14.45
1965 1 486 .7 1.90 924. 73 860 .56 64.17
22. Jesse James
1962 4 612.1 1.70 1,040.57 .00 1,040.57
1963 1 622 .3 1.70 1,057.91 .00 1,057.91
2 537 . 5 1.70 - 913.75 130.00 783.75
3 Vacation 48.0 1.70
8/
477.5 1. 70 893 .35 136.00 757.35
4 517 . 8 1.70 880 . 26 130 . 00 750.26
7/ At the hearing , the General Counsel amended the gross interim earnings
to read $203.35 instead of $203 . 25. Subtracting the allowable expenses
of $30, the correct net interim earnings are $173.35.
8/ This figure was amended at the hearing to include $6 additional interim
earnings.
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
1964 1 71.1 1.70
436.6 1.80 906.75 100.00 806.75
2 525.6 1.80 946.08 121.25 824.83
88 0ti3 V 1 80.aca on .
438.2 1.80 947.16 193.11 754.05
4 528.9 1.80 952.02 326.27 625.75
1965 1 486.7 1.80 876.06 854.04 22.02
2 190.9 1.80
319.8 1.90 951.24 938.55 12.69
3 Vacation 80.0 1.90
451.1 1.90 1,009.09 929.29 79.80
4 567.8 1.90 1,078.82 1,067.36 11.46
1966 2 524.2 1.90 995.98 852.49 143.49
9/
4 560.2 2.00 1,120.40 925.55 194.35
1967 1 496.2 2.00 992.40 298.28 694.12
1963
23. John F. Jamison
1 49.5 1.60 79.20 65.00 14.20
2 537.5 1.60 860.00 265.05 594.95
3 48.0 1.60
477.5 1.60 840.80 157.65 683.15
4 517.8 1.60 828.48 12.00 816.48
9/ This figure was amended at the hearing to include $27 as offset for
union fees and dues instead of $5 as originally set forth in the
backpay specification.
LEE CYLINDER DIV. OF GOLAY 259
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
1964
965
1
2
3 Vacation
4
1
2
71.1
436.6
525 . 6
48.0
483.3
528 . 9
486 . 7
190.9
319.8
1.60
1.70
1.70
1.70
1 . 70
1.70
1.70
1.70
1.80
855 . 98
893 . 52
903 . 21
899 . 13
827 . 39
900 . 17
.00
.00
35 . 88
759 . 64
745 . 73
763 . 32
855.98
893.52
867.33
139.49
81.66
136.85
24. Walter L. Jones
1963 1 49.5 1.70 84.15 . 00 84.15
2 537.5 1 . 70 913 . 75 256 . 21 657.54
3 Vacation 88.0 1.70
438.2 1.70 894 . 54 796 . 70 97.84
1966 4 560.2 -2.00 1,120.40 1,090.12 30.28
25. Ronald Keal
10/
1962 4 196.1 1.80 342.98 .00 342.98
11/
1963 1 622.3 1.80 1,090.14 .00 1,090.14
12/
2 537.5 1.80 937.50 252.87 684.63
3 Maternity
benefits not 120.00
reducible by
net interim
earnings
1,0/ Gross backpay was adjusted to reflect $10 insurance premium as set
forth in the backpay specification.
11/ Gross backpay was adusted to reflect $30 insurance premium as set
forth in the backpay specification.
12/ Id.
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR
GROSS
HOURS RATE BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY- _
26. Robert G. Lawrence
1962
1963
964
4 140.8
1 622 . 3
2 537 . 5
3 Vacation 28.0
477.5
4 517 . 8
1 71.1
436.6
2 525.6
3 Vacation 48.0
483.3
1.60
1.60
1.60
1.60
1.60
1.60
1.60
1.70
1.70'
1.70
1.70
225.28
995.68
860.00
808.80
828.48
855 . 98
893.52
903.21
17.80
. 00
. 00
13/
106.40
492.90
14/
318 . 89
531.29
15/
788 . 19
207.48
995.68
860.00
702.40
335.58
537.09
362.23
115.02
27. Robert V. Meyer
1963 1 49 . 5 1.80 89.10 39.90 42.20
2 537.5 1.80 967.50 744.13 223.37
3 Vacation 88.0 1.80
438.2 1.80 947.16 732.94 214.22
4 517.8 1.80 932.04 922.95 9.09
1964 1 71.1 1.80
436.6 1.90 957.52 870.36 87.26
13/ At the hearing, additional interim earnings were added and agreed
upon by the parties.
14/ At the hearing , the General Counsel amended the backpay specification
correcting the net interim earnings to include an additional $.50.
15/ At the hearing , the backpay specification was amended to include
an additional $30 earned in this quarter.
LEE CYLINDER DIV. OF GOLAY 261
YEAR &
QTR HOURS RATE
2 525.6 1.90
3 Vacation 88.0 1.90
438.2 1.90
4 528.9 1.90
1965 2 190.9 1.90
319.8 2.00
3 Vacation 80.0 2.00
451.1 2.00
GROSS NET INTERIM NET
BACKPAY EARNINGS BACKPAY
998.64 853.19 145.45
999.78 783.38 216.40
1,004.91 882.70 122.21
1,002.31 928.85 73.46
1,062.20 861.10 201.10
28. Willie Joe Mills
1963 2 537.5 1.60 860.00 17.40 842.60
3 Vacation 28.0 1.60
477.5 1.60 808.80 .00 808.80
4 517.8 1.60 828.48 175.15 653.33
1964 1 71.1 1.60
436.6 1.70 855.98 822.27 33.71
29. Charles E. Nash
1963 1 622.3 1.90 1,182.37 .00 1,182.37
2 458.0 1.90 870.20 108.25 761.95
3 Vacation 48.0 1.90
477.5 1.90 998.45 954.39 44.06
30. Robert Lee Nick
16/
1963 1 49.5 1.70 74.15 68.93 5.22
16 / Gross backpay was adjusted to reflect $10 insurance premium.
427-835 0 - 74 - 18
262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
966
1967
2 Maternity
benefit not
reducible by
interim
earnings
3 Vacation
2
0.0
489.4
155.4
.90
2.00
2.00
,130.80
310.80
50.72
295.00
120.00
80.08
15.80
31. Bill E. O'Dear
1963 2 , 537.5 1.60 860.00 669.70 190.30
3 Vacation 48.0 1.60
477.5 1.60 840.80 184.52 655.28
4 Sick for 317.8 1.60 508.48 87.50 420.98
1964
5 wks
1 71.1 1.60
436.6 1.70 855.98 536.00 319.98
2 525.6 1.70 893.52 566.54 326.98
3 Vacation 48.0 1.70
483.3 1.70 903.21 592.40 310.81
4 528.9 1.70 899.13 682.60 216.53
1965 1 486.7 1.70 827.39 717.93 109.46
2 190.9 1.70
319.8 1.80 900.17 679.90 220.27
3 Vacation 80.0 1.80
451.1 1.30 955.98 754.65 201.33
4 506.7 1.80 912.06 556.72 355.34
1'966 2 524.2 1.80 943.56 873.35 70.21
LEE CYLINDER DIV. OF GOLAY 263
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
32. Paul E. Paris
1962
1963
964
965
966
4
1
2
3 Vacation
4
1
2
3 Vacation
2
3 Vacation
2
3 Vacation
443.1
582.3
537.5
48.0
477.5
477.8
31.1
436.6
525 . 6
48.0
483.3
190.9
319.8
80.0
451.1
524.2
80.0
489.4
1.70
1.70
1.70
1.70
1.70
1.70
1.70
1.80
1.80
1.80
1.80
1.80
1.90
1.90
1.90
1.90
1.90
2.00
753.27
989.91
913.75
893.35
812.26
906.75
946.08
956.34
951.24
1,009.09
995.98
1,130.80
.00
.00
9.00
.00
9.00
17/
315.43
832 . 83
855.99
938.84
791.02
980.44
972.03
753.27
989.91
904.75
893.35
803.26
591.32
113.25
100.35
12.40
218.07
15.54
158.77
33. Lester A. Pebworth
1963 1 622.3 1.70 1,057.91 174.64 883.27
17/ At the hearing , the sum of $. 30 was added to the net interim earnings
of the backpay specification.
264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
964
2
3 Vacation
4
1
537.5
48.0
477.5
517.8
71.1
436.6
1.70
1.70
1 . 70
1.70
1.70
1.80
913 . 75
893.35
880.26
906 . 75
323.90
410.62
631.57
651.36
589.85
482.73
248.69
255.39
34. James H. Powell
1963 1 49 . 5 1.80 89 . 10 .00 89.10
2 537 . 5 1.80 967 . 50 107.80 859.70
3 Vacation 48.0 1.80
477.5 1.80 945 . 90 674 . 80 271.10
4 517.8 1.80 932 .04 741 .10 190.94
1964 1 71.1 1.80
436.6 1.90 957 . 52 781.90 175.62
2 525 . 6 1.90 998 . 64 794.25 204.39
3 Vacation 48.0 1.90
483.3 1 . 90 1,009 . 47 846.00 163.47
4 528 . 9 1.90 1,004.91 802.50 202.41
1965 1 486 . 7 1.90 924.73 822.50 102.23
2 190.9 1.90
319.8 2.00 1 , 002.31 769.50 232.81
3 Vacation 80.0 2.00
451.1 2.00 1,062.20 838.50 223.70
4 506 . 7 2.00 1 , 013.40 856 . 25 157.15
LEE CYLINDER DIV OF GOLAY 265
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
1966
1967
2 524.2
1 496.2
2 155.4
2.00
2.10
2.10
1,048. 40
1,042.02
326.34
588 .00
.00
.00
460.40
1,042.02
326.34
35. Donnie Ray Purvis
1963 1 49.5 1.70 84.15 57.60 26.55
2 537.5 1.70 913.75 263.34 650.41
3 Vacation 48.0 1.70
477.5 1.70 893.35 463.00 430.35
4 517.8 1.70 880.26 420.00 460.26
1964 1 71.1 1.70
436.6 1.80 906.75 423.50 433.25
2 525.6 1.80 946.08 422.24 523.84
800 1ation 483 V ..ac
483.3 1.80 956.34 398.50 557.84
4 528.9 1.80 952.02 895.67 56.34
1965 3 Vacation 80.0 1.90
451.1 1.90 1,009.09 911.11 97.98
36. James F. Raby
1962 4 242.9 1.89 437.22 .00 437.22
1963 1 622.3 1.80 1 ,120.14 136.64 983.50
2 537.5 1.80 967.50 576.64 390.86
37. John A. Raby
1963 1 49.5 2.00 99.00 .00 99.00
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
2 537.5 2.00 1,075.00 579.05 495.95
3 Vacation 48.0 2.00
477.5 2.00 1,051.00 778.40 272.60
4 517.8 2.00 1,035.60 639.49 396.11
1964 1 71.1 2.00
436.6 2.10 1,059.06 388.19 670.87
2 525.6 2.10 1,103.76 520.63 583.13
3 Vacation 88.0 2.10
438.2 2.10 1,105.02 514.70 590.32
4 528.9 2.10 1,110 .69 928.34 182.35
1965 1 486.7 2.10 1,022.07 940.00 82.07
2 190.9 2.10
319.8 2.20 1,104.45 840.00 264.45
3 Vacation 80.0 2.20
451.1 2.20 1,168.42 950.00 218.42
4 567.8 2.20 1,249.16 975.00 274.16
1966 1 434.8 2.20 956.56 785.72 170.84
1963
38. Paul E. Sams
2 537.5 1.75 940.63 842.37 98.26
1962
39. James A. Steele
4 1961.1 2.00 392.20 .00 392.20
1963 1 622.3 2.00 1,244.60 .00 1,244.60
2 537.5 2.00 1,075.00 420.76 654.24
LEE CYLINDER DIV. OF GOLAY 267
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
964
965
1967
3 Vacation
4
1
2
3 Vacation
4
1
2
48.0
477.5
517.8
71.1
436.6
525.6
48.0
483.3
528.9
486.7
409.4
2.00
2.00
2.00
2.00
2.10
2.10
2.10
2.10
2.10
2.10
2.30
1,051.00
1,035.60
1,059.06
1,103.76
1,115.73
1,110..69
1,022.07
941.62
410.86
141.38
225.76
312.78
504.15
597.33
940.31
934.06
640.14
894.22
833.30
790.98
611.58
513.36
81.76
7.56
40. Richard A. Toney
1963 1 49.5 1.80 89.10 37.70 51.40
2 537.5 1.80 967.50 706.48 261.02
3 Vacation 48.0 1.80
477.5 1.80 945.90 694.80 251.10
1966 3 Vacation 80.0 2.00
489.4 2 . 10 1,187.74 968.88 218.86
41. Andrew J. Transier
1963 1 49.5 1.70 84.15 .00 84.15
2 537.5 1.70 913.75 43.50 870.25
3 Vacation 48.0 1.70
477.5 1.70 893.35 133.72 759.63
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
1964
965
966
1967
4
1
2
4
1
2
3 Vacation
4
3 Vacation
2
517 . 8
71.1
436.6
525 . 6
528 . 9
486 . 7
190.9
319.8
40.0
492.2
506 . 7
40.0
45.3
489.4
196 . 5
1.70
1.70
1.80
1.80
1.80
1.80
1.80
1.90
1.90
1 . 90
1.90
1.90
1.90
2.00
2.00
880 . 26
906.75
946 . 08
952 . 02
876 . 06
951 . 24
1,011.18
962 . 73
1 , 140.87
393.00
88 . 08
99.95
842.28
685.68
600 . 07
849 . 86
838 . 39
834 . 13
899.47
383.92
792.18
806.80
103.80
266.34
275.99
101.38
172.79
128.60
241.40
9.08
42. Billy R. Tyree
1963 1 49.5 1 . 70 84.15 .00 84.15
2 537 . 5 1.70 913.75 265.75 648.00
3 Vacation 48.0 1.70
405.9 1.70 771.63 499.50 272.13
4 517.8 1.70 880 . 26 682.50 197.76
1964 1 71.1 1.70
436.6 1.80 906 . 75 682.50 224.25
2 525.6 1.80 946 . 08 461.00 485.08
LEE CYLINDER DIV. OF GOLAY 269
YEAR &
T4 R HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
965
1966
1967
3 Vacation
3
4
1
4
4
1
2
88.0
370 . 4
528 . 9
486.7
567 . 8
560 . 2
496.2
409 . 4
1.80
1.80
1.80
1.80
1.90
2.00
2.00
2.00
825 . 12
952 . 02
876 . 06
1,078.82
1,120.40
992 . 40
818 . 80
618 . 07
721.73
833.67
338 . 16
555.00
555 . 00
500 . 00
207.05
230.29
42.39
740.66
565.40
437.40
318.80
43. Delbert Vickers
1963 1 49.5 1.60 79 . 20 .00 79.20
2 537 . 5 1.60 860 . 00 182 . 50 677.50
3 Vacation 48.0 1.60
477.5 1.60 840 . 80 .00 840.80
4 517.8 1.60 828 . 48 .00 828.48
1964 1 71.1 1.60
436.6 1.70 855 . 98 .00 855.98
2 525 . 6 1.70 893 . 52 357 . 20 536.32
1967 2 196 . 5 1.90 373.35 372.85 .50
44. James R . Winchester
1963 1 49 . 5 1.80 89 . 10 .00 89.10
2 537 . 5 1.80 967 . 50 135 . 93 831.57
3 Vacation 28.0 1.80
477.5 1.80 909 . 90 829.21 80.69
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YEAR &
QTR HOURS RATE
GROSS
BACKPAY
NET INTERIM
EARNINGS
NET
BACKPAY
4 517.8
1964 1 71.1
436.6
2 525.6
3 Vacation 48.0
1.80
1.80
1.90
1.90
1.90
932.04
957.52
998.64
891.62
18/
561.38
19/
765.24
40.42
.00
.00
Sick for
3 wks 363.3
4 Voluntarily 448.9
unemployed
for 2 wks
1.90
1.90
781.47
852.91
343.22
471.01
438.25
381.90
1965
966
967
1 486.7
2 190.9
319.8
3 Vacation 40.0
492.2
4 506.7
3 Vacation 40.0
45.3
489.4
4 560.2
1 182.0
1.90
1.90
2.00
2.00
2.00
2.00
2.00
2.00
2.10
2.10
2.10
924.73
1,002.31
1,064.40
1,013.40
1,198.34
1,176.42
382.20
540.00
858.00
778.00
595.00
720.30
472.76
96.57
384.73
144.31
286.40
418.40
478.04
703.66
285.63
45. Carl G. Wyramon
1962 4 140.8 1.70 239.36 .00 239.36
18/ In absence of exception thereto , we adopt , pro forma , the Trial Examiner's
conclusion that the General Counsel so amended the net interim earnings
at the hearing as to eliminate backpay for this quarter.
19/ Id.
LEE CYLINDER DIV. OF GOLAY
YEAR &
QTR HOURS RATE
GROSS NET INTERIM NET
BACKPAY EARNINGS BACKPAY
271
1963 1 622.3 1.70 1,057.91 .00 1,057.91
2 537.5 1.70 913.75 .00 913.75
3 Vacation 48.0 1.70
477.5 1.70 893.35 .00 893.35
4 517.8 1.70 880.26 721.07 159.19
1964 1 71.1 1.70
436.6 1.80 906.75 869.48 37.27
2 525.6 1.80 946.08 936.25 9.83
3 Vacation 48.0 1.80
483.3 1.80 956.34 935.48 20.86
4 528.9 1.80 952.02 887.03 64.99
1965 3 Vacation 40.0 1.90
492.2 1.90 1,011.18 861.60 149.58
1966 3 Vacation 40.0 1.90
45.3 1.90
489.4 2.00 1,140.87 1,083.35 57.52
1967 2 196.5 2.00 393.00 361.72 31.28
TRIAL EXAMINER'S SUPPLEMENTAL
DECISION
WILLIAM J. BROWN, Trial Examiner: This supple-
mental proceeding to determine amounts of
backpay due in accordance with the Board's Deci-
sion and Order, 156 NLRB 1252, and the enforce-
ment decree of the United States Court of Appeals
entered February 8, 1967, in Golay & Co., Inc. v.
N.L.R.B., 371 F.2d 259, came on to be heard be-
fore me at Richmond, Indiana, on April 28 to May
2, May 12 to 16, and May 19 to 21, 1969. The
parties appeared and participated as noted above
with full opportunity to present evidence and argu-
ment on the issues . Subsequent to the close of the
hearing briefs were received from the General
Counsel and the Respondent and have been fully
considered.
On the entire record herein and on the basis of
my observation of the witnesses, I make the follow-
ing findings and conclusions:
1. INTRODUCTION TO THE ISSUES
Under date of August 5, 1963, Trial Examiner
James V. Constantine issued his Intermediate Re-
port and Recommended Order in which he recom-
mended that, as a consequence of certain unfair
labor practices engaged in by the above-indicated
employer, hereinafter referred to as "the Com-
pany," the Company should be required to rein-
state with backpay 18 employees discharged or
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
refused recall in violation of the National Labor
Relations Act, as amended. Thereafter, under date
of February 4, 1966, the Board issued its Decision
and Order requiring reinstatement with backpay of
28 additional employees' found by the Board to
have also been discriminatorily discharged or
refused recall in violation of the Act. As noted
above, the court ordered enforcement of the
Board's Order. Controversy having arisen over the
amounts of backpay due in accordance with the
Board's Order, the Regional Director for Region 25
issued, under date of January 10, 1969, the
backpay specification and notice of hearing in this
matter. At the hearing before me and in its brief the
Company has advanced certain overall defenses to
the amounts claimed due under the specification
and has contested in the cases of all or most of the
claimants numerous other defenses including, in
most cases, the requirement of a diligent search for
interim employment. We first consider the overall
defenses.
U. TOLLING
The Company contends that the equities of the
case and applicable Board precedents require the
conclusion that backpay should be tolled as to
those claimant employees found by the Trial Ex-
aminer not to have been discriminated against, dur-
ing the period between issuance of the Trial Ex-
aminer's Decision and that of the Board. The
Board's rule on the subject is set forth in A.P.W.
Products Co., Inc., 137 NLRB 25, enfd. 316 F.2d
899 (C.A. 2), and in Ferrell-Hicks Chevrolet, Inc.,
160 NLRB 1692. It is clear to me that the applica-
ble policy is to preclude tolling except in those
cases where substantial defenses are entitled to
sympathetic consideration. While the circuit court's
opinion in the instant case distinguishes among dis-
criminatees on the basis of the type of company dis-
crimination and the Company has acted at all times
to advance the ultimate judicial resolution of the
case, I cannot conclude that in the circumstances of
this case backpay should be tolled for the period
between the Trial Examiner's Decision and that of
the Board.
III. QUARTERLY COMPUTATION
The Company contends that the quarterly
method of computing backpay instituted in F. W.
Woolworth Company, 90 NLRB 289, and applied by
the Board in the instant case is oppressive in its ap-
plication to the instant case. The application of the
quarterly computation method is of long standing,
has received Supreme Court approval, and was ap-
plied by the Court of Appeals for the Sixth Circuit
in Oman Construction Co., 338 F.2d 125. It is stan-
dard operating procedure and I see no compelling
' One of the 28, Edward Herbert, was unavailable for employment dur-
ing the backpay period and is not a claimant herein
reason for departing from the established method in
the instant case.
IV. COMPUTATION OF AVERAGE HOURS
The specification alleges that an appropriate
measure of the hours the discriminatees, other than
Heaston and Moistner,2 would have worked, absent
the Company's discrimination against them, is the
weekly average hours worked, as shown on Exhibit
B to the complaint, by all employees of Department
500, in which they were employed at the time of
their discharge, excluding group leaders, main-
tenance men, stockroom clerk, watchmen, and em-
ployees working less than 24 hours per week. This
is a reasonably accurate and an acceptable basis for
calculation of hours worked, see Ozark Hardwood
Co., 119 NLRB 1130. The Company has submitted
an authenticated compilation of average hours
worked by employees exclusive of those who
worked in the excluded occupations and those who
worked less than 24 hours per week, Exhibit A at-
tached to the Company's answer. The testimony in-
dicates that the General Counsel's reconstruction
of average hours worked should be adjusted in ac-
cordance with this exhibit as amended by Respon-
dent's Exhibit 19 for all quarters commencing with
the fourth quarter of 1962, as follows:
Quarter Specification Exh. 19
4/62 614.5 612.1
1/63 626 622.3
2/63 540.2 537.5
3/63 528 517.5
4/63 525.3 517.8
1/64 512.6 507.7
2/64 534.7 525.6
3/64 537.1 523.9
4/64 538.9 528.9
1/65 492.5 486.7
2/65 523.1 510.7
3/65 538.2 531.6
4/65 576.2 567.8
1/66 517.2 503.3
2/66 537.1 524.2
3/66 583.0 578.5
4/66 566.4 560.2
1/67 505.2 496.2
2/67 444.7 435.7
V. WAGE INCREASES
In computing the allegations respecting backpay
the General Counsel's specification has included
2 All dtscrimmatees except Heatson and Moistner worked in Department
500
LEE CYLINDER DIV OF GOLAY
10-cent wage increases on January 13, 1964, May
3, 1965, and July 11, 1966. It has been stipulated
however, that the three 10-cent adjustments were
not general across-the-board increases to all em-
ployees, although the January 1964 increase went
to 80 percent of the employees then in the unit.
The Company's evidence indicates that the in-
creases were in each instance adjustments in the
minima and maxima of some but not all of the rate
ranges for the several classifications. I agree with
the assertion in the Company's brief that there is no
basis for concluding that the evidence prepon-
derates in favor of the conclusion that any particu-
lar one or more of the discriminatees would have
received these increases and they have not been in-
cluded in recomputation of backpay herein.
VI. INSURANCE CLAIMS
The backpay specification includes claims for the
cost of medical expenses incurred by discriminatees
Eldridge, Keal, and Nick , which costs would have
been included under the Company 's dependents'
medical insurance plan to which the three were
subscribers were it not for their discriminatory
separation from employment during the period in
which the costs were incurred . The General Coun-
sel has allowed the Company a credit in the amount
of the insurance premiums that would have been
paid by the particular employee . The Company, re-
lying on the circuit court's decision in N.L. R.B. V.
Rice Lake Creamery Co., 365 F. 2d 888 (C.A.D.C.),
contends that if any dependent medical insurance
claims are allowed the amounts of premiums paid
by all dependent insurance subscribers, 23 in
number , during the entire backpay period , must be
deducted from their backpay . The Board rule ap-
pears to be that only premiums of insurance claim-
ants are offset , Rice Lake Creamery Co., 151
NLRB 1113, and [ it is] the Trial Examiner's obliga-
tion to follow the Board rule. Accordingly , I reject
the Company 's contentions in this regard.
VII. MILEAGE ALLOWANCES
The Company objects to the inclusion in the
specification of travel expense in seeking interim
employment on any basis other than 8 cents per
mile for miles actually traveled. In the Rice Lake
Creamery case the Board approved of such al-
lowances on the basis of either 10 cents per mile or,
where it is more practical, actual expenses. I find
no fault with the specification in this respect.
VIII . THE INDIVIDUAL CLAIMS
A. Walter R. Heaston
Heaston's backpay period begins October 17,
3 In Baker 's case and the cases of numerous other claimants there is con-
siderable confusion in the record as to the dates on which claimants re-
gistered for work at the Indiana Employment Security offices This is due in
some cases to the claimants ' insistence that dates shown on their cards
represent dates on which they appear at the office The testimony of Boggs,
273
1962, and ends December 3, 1962. The Company
appears to have no objection to the backpay com-
putation for Heaston but has denied any entitle-
ment to backpay for failure to pursue a diligent
search for interim employment. Aged 33 years at
the time of the hearing, Heaston had spent his en-
tire life in the Cambridge City, Indiana, area, where
the Company's operations here involved are
located. During the backpay period he was married
and had three minor children living at home.
Heaston applied for work at the Connersville of-
fice of the Indiana State Employment Security Divi-
sion and was told that no jobs were available. He
visited that office weekly and was asked on each
visit whether he had secured any employment. He
was never told that work was available nor was he
ever referred to a job. In addition Heaston applied
for work at nine companies in the labor market
area. Although the Company contends that work
was available in the labor market area, it does not
appear to have been available for Heaston not-
withstanding his diligent search. I conclude that
Heaston is entitled to the net backpay claimed for
him in the specification in the amount of $522.56.
B. Melvin Moistner
Moistner 's backpay period begins October 16,
1962, and ends December 3, 1962. The Company
has no quarrel with the backpay duration , but con-
tends that the backpay has been erroneously calcu-
lated and that the specification reveals that the cor-
rect backpay figure should be based on 253.77
hours at $1 . 75 for a total of $444 .10. I accept the
Company's calculation in this regard.
Moistner, a lifelong resident of the Cambridge
City area , was purchasing a home and had two
small children during his backpay period . During
that period he registered for employment with the
Indiana Employment Security Division and re-
ported once a week without success. In addition he
applied unsuccessfully for work at four business
firms in the area . I conclude that he exercised due
diligence in seeking employment and is entitled to
backpay in the amount of $444.10.
C. Marion K. Baker
Baker's backpay period commenced March 25,
1963, and ended April 14, 1967. In the backpay
period Baker, who had lived in the Cambridge City
area for some 25 years, had six small children living
at home. Baker, a welder, registered for work with
the State Employment Security Division3 at Con-
nersville in December 1962 and returned for rere-
gistration for about 18 weeks thereafter. He also re-
gistered at the Richmond office in 1963. During
assistant manager of the Connersville office, establishes that the office was
never open on a Saturday but also that the dates stamped are stamped as
"week ending" dates I see no basis in Boggs' testimony for discrediting
claimants' testimony as to the frequency of their registrations for
employment
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this period Baker applied for work at about 11 em-
ployers in the Connersville area, several in the
Hamilton area, three or more in Cincinnati, one in
Dayton, one in Hagerstown, and several in
Richmond. His specification shows that his-
diligence in seeking other work resulted in substan-
tial interim earnings, and I conclude that he ful-
filled the obligation to seek interim employment.
The Company contends that substantial reduc-
tions in his backpay claim should be made for in-
come, first revealed on cross-examination, from
plowing for his landlord and hauling trash for
neighbors. The evidence indicates that his gains
from these casual ventures amounted to no more
than $50 for plowing for his landlord, allowed in
the form of rent reductions and some $4 for hauling
trash mainly as a favor for neighbors. I conclude
that his net backpay should be reduced by $54. I do
not agree with the Company's contention that his
late disclosure of these items rendered him an un-
truthful witness on other matters. Neither do I see
merit in the Company's contention that any sub-
stantial alteration need be made in his claim for
travel expenses in seeking employment.
As indicated above, in determining backpay for
Baker and others there is no basis for applying the
10-cent-per-hour increases and there should also be
an adjustment to reflect the improper inclusion of
nonunit employees in the constructed hours worked
in the unit. Baker's reconstructed net backpay is as
follows:
Year & Corrected
Corrected
Net
Quarter Hours Backpay
1963 ( I) no change $ 99.00* 4/
1963 (II) 537.5 817.02
(III) * 277.82*
(IV) 517.8 13.75
1964 (I) 507.7 208.38
(II) 525.6 346.08
(III) 523.9 327.40
(IV) 517.8 215.40
1965 (I) 486.7 25.20
(II) 510.7 223.40
(III) 531.6 223.19
(IV) 567.8 352.33
1966 (I) 0.00
(II) 0.00
(III) 578.5 165.71
(IV) 560.2 0.00*
1967 (I) 0.00*
(II) 0.00*
D. Earl R. Blair
Blair's backpay period commenced March 25,
1963, and ended January 13, 1967. In this period
Blair, who had lived in the Cambridge City area
since 1946 and was married with one daughter who
lived until 1965, registered for employment with
the Indiana Employment Security Division early in
1963 and renewed his registration 10 or 12 times.
He also applied for employment at approximately
20 employers in the labor market area. I find that
he satisfied his obligation to obtain interim employ-
ment. I credit Blair's testimony as to his efforts to
secure employment notwithstanding his apparent
contradictions on cross-examination. With respect
to his admission on cross-examination that he made
no effort to seek employment until June 1963, I do
not regard this as militating against his testimony
that he registered for employment with the state
agency early in 1963 and conclude that he fulfilled
his duty to seek employment either through the
state source or through private employers.
Reconstruction of Blair's hours and rate is as fol-
lows:
Year &
Quarter
Corrected
Corrected Net
Hours Backpay
1963 (I) 49.5* $ 89.10*
(II) 537.5 967.50
(III) 535.7* 964.26
(IV) 517.8 785.04
1964 (I) 507.7 401.36
(II) 525.6 946.08
(III) 523.9 943.02
(IV) 528.9 952.02
1965 (I) 486.7 876.00
(II) 510.7 919.26
(III) 531.6 830.75
(IV) 567.8 895.92
1966 (I) 0.00
(II) 524.2 585.50
(III) 578.5 1,041.30
(IV) 560.2 998.36
1967 (I) 102.2 183.96
Total Net
Backpay $12,433.31
E. James E. Caudill
Caudill's backpay period commenced March 25,
1963, and ended December 16, 1966. During the
Astensk here and hereinafter indicates no change from specification
LEE CYLINDER
backpay period he was unmarried and living with a
sister. He had been a resident of the Richmond-
Connersville area for about 4 years. During this
period Caudill attempted to obtain employment by
registration with the State Employment Service and
by about 18 visits to the office at Connersville. He
applied for work at seven or eight employers in the
labor market area and his interim earnings record
attests his efforts to mitigate damages. I find that he
fulfilled his obligation to seek suitable employment
during the backpay period.
Reconstruction of Caudill's hours and net
backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5 $ 79.20
(II) 537.5 768.00
(III) 517.5 342.70
(IV) 517.8 0.00*
1964 (I) 507.7 643.80
(II) 525.6 9.29
(III,
et seq.) 0 00*.
Total net
backpay $1,842.99
F. Henry Cecil, Jr.
Cecil's backpay period begins March 25, 1963,
and ends March 27, 1967. During this period Cecil,
who moved to the Connersville area only a year or
so prior to the backpay period, had six minor chil-
dren living at home. He registered for employment
with State Employment Security offices in Conners-
ville, Richmond, New Castle, Anderson, and Mun-
cie, revisiting the offices several times and receiving
several job referrals from these offices. In addition
he sought work at more than a dozen employers
during the period and succeeded in obtaining sub-
stantial interim earnings. I find that he fulfilled his
obligation to secure interim earned income.
The Company contends that he is incorrectly
credited in the specification with moving expenses
of $25 in the second quarter of 1963 and there ap-
pears merit in this contention since the move does
DIV. OF GOLAY 275
not appear necessary to retain or secure income.
Also there appears merit in the Company 's conten-
tion that his reduction in earnings during the fourth
quarter of 1966 was due to injury not shown to be
work-connected ; as a consequence his earnings for
that quarter should be reconstructed to allow a
credit for what he would have earned absent the in-
jury.
Reconstruction of Cecil 's constructed hours and
net backpay is as follows:
Year &
auarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 94.05
(II) 537.5 783.65
(III) 517.5 375.63
(IV) 517.8 264.15
1964 (I) 507.7 171.74
(II) 525.6 206.79
(III) 523.9 299.78
(IV) 528.9 0.00
1965 (I) 486.7 51.78
(II) 510.7 233.93*
(III) 0.00
(IV) " 0.00
1966 (I) "0.00
(II) "0.00
(III) "0.00
(IV) 560.2 228.14
1967 (I) 496.2 202.54
Total Net
Backpay $ 2 ,913.10
G. Walter W. Chaney
Chaney's backpay period begins March 25, 1963,
and ends June 8, 1967. Chaney had lived in the
Connersville-Richmond area for some 24 years,
owned his home there, and had one minor child at
home. In accordance with a stipulation of the
parties I find that he registered for employment
with the State Employment Security Division and
renewed his registration weekly. He also sought
work at numerous private employers in the area.
Chaney secured employment in May 1963. I find
that he fulfilled his obligation to seek interim em-
ployment.
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Reconstruction of Chaney's hours and net holiday pay 1965(111) 76.00
backpay is as follows: denied due to 1966(111)
new em lo ee
76.00
Corrected p y
Year & Corrected Net status
Quarter Hours Backpay Total Corrected
1963 (I) 49.5* $ 89.10*
(II) 537.5 552.37
(III) 517.5 268.88
(IV) 517.8 932.04
1964 (I) 507.7 369.86
(II) 525.6 154.08
(III) 523.0 0.00
(IV) 528.9 0.00
1965
et
(I,
seq.)
Total Net
Backpay $2,466.33
H. William O. Clemons
Clemons' backpay period begins on December 5,
1962, and terminates July 28, 1966. During the
backpay period Clemons, who was over 60 years of
age at all material times, registered for employment
at the Connersville and Indianapolis offices of the
State Employment Security Division and also ap-
plied directly to employers in Indianapolis, Cam-
bridge, and Muncie. He was unsuccessful in secur-
ing interim em r loyment probably due to his ad-
vanced age. I find that he fulfilled his obligation to
seek interim employment. Clemons was rehired by
Golay October 21, 1963, as a new employee. He
conceded earning $70 in the third quarter of 1963
not mentioned in the specification.
Reconstruction of Clemons' hours and net
backpay is as follows:
Year &
Quarte
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 174* $ 295.80*
1963 (I) 622.3 1,057.91
(II) 437.5 913.75
(III) 517.5 809.75
(IV) 123.2* 209.44*
Vacation and 1964(111) $50.40
' The Company contends that Cornett removed himself from the labor
market by going to Florida in December 1962, and in this connection
points to correspondence between the Company and the Florida Industrial
Commission I cannot interpret this correspondence as necessarily mihtat-
Net Backpay $3,489.05
I. Harold E. Cornett
Cornett's backpay period commences December
5, 1962, and ends April 14, 1967. During this
period Cornett, who had lived in the Cambridge
City labor market area for almost 20 years, was
married and for most of the period had one minor
child at home. Cornett registered for work with the
State Employment Security office at Connersville
and renewed his registration two or three times.'
He applied for work at eight employers in the Con-
nersville area and secured work in the second
quarter of 1963 which continued to the end of the
backpay period and which substantially reduced his
backpay claim. I find that he fulfilled his duty of
seeking interim earnings . In the fourth quarter of
1965 Cornett's earnings were diminished due to his
participation in a strike from November 26, 1965,
to January 19, 1966, and his earnings for that
quarter should be reconstructed by averaging those
for the next preceding and succeeding nonstrike
quarters resulting in net interim earnings for the
fourth quarter of 1965 in the amount of $978.50
and eliminating the claim of backpay for that
quarter.
Reconstruction of Cornett's hours and net
backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
174* $ 261.00*
622.3 933.40
537.5 53.38
515.7 1.40
(IV) No backpay claimed for
this and subsequent
quarters.
Total Corrected
Net Backpay $1,249.18
J. George W. Dillman
Dillman 's backpay period extends from March
25, 1963, to April 17, 1967. Dillman had lived only
ing against the testimony of Cornett and Union Representative Strickland,
which I credit, that Cornett was in the Richmond-Cambridge City area at
all material times.
LEE CYLINDER DIV. OF GOLAY 277
a short time in the Cambridge City area prior to the
commencement of his backpay period, was mar-
ried, and had two minor children at home during
that period . He registered for employment with the
Connersville office of the State Employment
Security Division and renewed his registration for 7
weeks thereafter . In addition , he sought work un-
successfully at about eight employers in the labor
market area and secured employment which sub-
stantially reduced backpay claims commencing
early in his backpay period . I conclude that at all
times Dillman fulfilled his obligation to reduce
earnings losses.
In accordance with stipulations entered into at
the hearing and Dillman's testimony at the hearing
earnings from Sterling Castings in the amount of
$414 should be added in the third quarter of 1965
eliminating any backpay claim for that quarter, and
earnings from the same employer in the amount of
$488.32 should be added in the fourth quarter of
1965 eliminating any backpay claim for that
quarter . Also a 2-week sickness in February 1963
concededly eliminates any backpay for the first
quarter of 1963. The General Counsel also con-
ceded the earning of an additional $100 in the
fourth quarter of 1963, reducing the net backpay
for that quarter to $262.87. It also appears clear
from Dillman 's testimony and General Counsel's
Exhibit 59 that earnings from Rex Gregg in 1964
and 1965 should be allocated as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 0.00
(II) 537.5 $ 513.00
(III) 0.00*
(IV) 517.8 150.12
1964 (I) 507.7 310.89
(II) 0.00*
(III) 523.9 890.63
(IV) 528.9 899.13
1965 (I) 486.7 541.09
(II) 0.00*
(III) 0.00
(IV) 0.00
1966 (I) 0.00*
(II) 0.00*
(III) 0.00*
(IV) 0.00*
1965 (I) 0.00*
(II) 116.4* 97.80*
Total Net
Backpay $3,402.66
1964(11) $450.00
1964(111) 650.00
1964(IV ) 650.00
1965(I) 544.00
It also appears that the $46.41 earnings from
Decatur Casting Co. allocated to the third quarter
of 1963 properly should be allocated to the third
quarter of 1963 reducing the net backpay for that
quarter to $518.80.
While employed by Rex Gregg and by Aldrich
Farms in 1964 and 1965 Dillman was furnished
with living quarters for himself and his family and I
accept the Company's estimate of the reasonable
value of this housing at $50 per month with the
result that additional earnings of $100 should be
credited for 1964( I), $150 for 1964(11 ), and $50
for 1965(I). The General Counsel concedes that
$100 commissions earned in the fourth quarter of
1963 should be added to interim earnings ; I reject
the Company's contention that no backpay should
be allowed for this quarter , since it appears that
Dillman was attempting to mitigate losses by pursu-
ing the insurance business in Virginia , but at all
times left word as to where he could be reached if
reemployment became available.
Reconstruction of Dillman's hours and net
backpay is as follows:
K. Howard Durham
Durham 's backpay period begins March 23,
1963, and ends April 14, 1967. During this period
Durham , who had lived in the Cambridge City area
for about 12 years , was married and had two minor
children at home. He registered for employment
with the Indiana Employment Security Division at
Connersville and renewed his registration about 19
times . He secured three interim jobs through the
State Employment Security office and secured two
interim jobs on his own. I credit his testimony as to
his efforts to secure offsetting employment and find
that he exercised due diligence in this regard.
Reconstruction of Durham 's hours and net
backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 84.15*
(II) 537.5 913.75
(III) 517.5 879.75
(IV) 517.8 647.26
427-835 0 - 74 - 19
278 DECISIONS OF NATIONAL
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1964 (I) 0.00*
(II) 525.6 0.00
(III) 0.00*
(IV) 0.00*
1965 (I) 0.00*
(II) 510.7 77.80
(III) 0.00*
(IV) 0.00*
1966 (I) 0.00*
(II) 0.00*
(III) 0.00*
(IV) 0.00*
1967 (I) 0.00*
(II) 0.00
Total Net
Backpay $2 ,602.71
L. George Eldridge
Eldridge's backpay period begins November 26,
1962, and ends December 17, 1966. During this
period Eldridge, who had lived in the Cambridge
City area for about 27 years, was married and had
three minor children living at home . He registered
for work with the State Employment Security of-
fices at Connersville and New Castle, returning
about 15 times to the Connersville office. There is
ample evidence that Eldridge diligently sought
work at numerous employers and quite plainly ful-
filled his duty to seek interim employment.
With respect to the General Counsel's claim that
the backpay owed Eldridge should include the
amount of $151 for a maternity benefit under the
Company's group insurance policy, for which El-
dridge had applied shortly prior to the commence-
ment of his backpay period, it appears that this
claim was eliminated by full payment under the
Union's group insurance policy.
The Company also contends that backpay should
be reduced for the period in 1964 in which he was
employed on the Retz Farm because of illness of 1
week and also due to the fact that he was furnished
a two-bedroom house as part of his wages. I find
merit in these contentions and conclude that the
amount of his backpay in the first and second quar-
ters of 1964 should be reduced by $75 in each
quarter to allow for rent-free use of the tenant
6 The Board found that Ford made an unconditional offer to return to
work on this date and that he might have made an earlier application, leav-
mg for compliance proceedings the matter of resovhng such possibility
LABOR RELATIONS BOARD
house and by $38 in the second quarter to allow for
his week's illness.
Reconstruction of Eldridge's hours and net
backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 242.9* $ 291.32*
1963 (I) 622.3 769.13
(II) 537.5 322.50
(III) 517.5 289.80*
(IV) 517.8 7.85
1964 (I) 507.7 0.00
(II) 525.6 129.40
(III) * 0.00
Total Net
Backpay $1,807.00
Ford's backpay period begins March 25, 1963,6
and ends April 17, 1967. During this period Ford,
who had lived in the Connersville area all his life,
was married and had two minor children living at
home . Ford registered for work at the State Em-
ployment Security offices at Connersville, New
Castle, Richmond, and Muncie and revisited the of-
fices at New Castle and Richmond several times. In
addition he sought employment at numerous em-
ployers in the area and succeeded in obtaining em-
ployment early in his backpay period. I find that he
exercised due diligence to find offsetting employ-
ment during his backpay period.
There appears to be merit in the Company's con-
tention that the specification fails to include interim
earnings at Rawlings Mfg. Co. in the first three
quarters of 1964 as follows:
1964(I) $768.00
(II) 756.00
(III) 879.40
and these amounts should be offset against his
backpay claim.
Reconstruction of Ford's hours, earnings and net
backpay is as follows:
Corrected
Year & Corrected Net
Quarter Hours Backpay
1963 (I) 97.13 $ 142.60
(II) 537.7 68.56
There is no evidence to support a finding of an application poor to March
25, 1963.
LEE CYLINDER
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
(III) 515.7* 208.05
(IV) 525. 3* 0.00*
1964 (I) 507.7 44.32
(II) 525 . 6 84.96
(III) 523.9 0.00
(IV) 0.00*
1965 ( I) 486.7 47.26
(II) 0.00*
(III) 0.00*
(IV) 0.00*
1966 ( I) 0.00*
(II) 0.00*
(III) 0.00*
(IV) 0.00*
1967 (I) 0.00*
(II) 116 .4* 186.24
Total Corrected
Net Backpay $ 781.99
N. Bivon Fowler
The parties are in dispute as to the beginning
date of Fowler 's backpay period . The Board found
that he made an unconditional application to return
to work on March 25, 1963, and may have made
such an application prior to that date . There is
some confusion as to the exact recollection of
Fowler on this subject , but I accept as the nearest
approximation of the truth his testimony that it was
only after several months of searching for alternate
employment that he returned to the Company and
applied to return for work . This would make the
Company's contention that his backpay period
began March 25, 1963, reasonably accurate and I
accept it.
There also appears merit in the Company's con-
tention that the claim for transportation expenses in
seeking work in 1963 is excessive and rests on no
reasonable basis; the same is true with respect to
travel expenses to and from work in 1963 and 1964
and the Company's reconstruction on a mileage ba-
sis, with a correction to 10 cents per mile should be
recognized.
Reconstruction of Fowler 's net backpay is as fol-
lows:
Corrected
Year & Corrected Net
Quarter Hours Backpay
DIV. OF GOLAY 279
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
(II) 537.5 347.34
(III) 517.5 0.00
(IV) 123.2* 0.00*
Total Corrected
Net Backpay $ 442.34
0. Kenneth W. Fowler
There is a dispute as to the beginning of Fowler's
backpay period , a question on which the Board
reserved ruling , but it appears clear from the
testimony of Kenneth Fowler , which I credit, that
on the Friday following the commencement of the
strike of November 19, 1962 , when he reported to
get his check he talked with Personnel Director
Lunsford who asked him when he would return to
work and Fowler said that he would when the
picket line came down . Lunsford then told him to
report Monday as he was sure the picket line would
be gone . Fowler reported the following week when
the picket line had been removed and was told by
Superintendent Bigler that he had been replaced. I
conclude that Fowler 's backpay period should com-
mence November 30, 1962 , and terminate, as the
parties agree , April 17, 1967.
During the backpay period Fowler , who had lived
in the Cambridge City area his entire life, was mar-
ried and had two minor children at home . Fowler
registered for employment starting early in
December 1962 at the State Employment Security
offices at Connersville , Muncie, and Indianapolis,
Indiana, and at Hamilton, Ohio . He renewed his re-
gistration with the Connersville office a number of
times . In addition he applied unsuccessfully at
about a dozen employers in the labor market area. I
find that he fulfilled his obligation to secure off-
setting employment as is clearly reflected by his
acquisition at an early stage of the backpay period
of substantial interim earnings.
There is merit in the Company's contention that
the figure for moving expenses in 1963 ( 11) should
be $90 rather than $125 in the specification and
that he had an additional $1,045 self-employment
income in 1964(IV).
Reconstruction of Fowler's net backpay is as fol-
lows:
Corrected
Year & Corrected Net
Quarter Hours Backpay
1963 ( I) 40.00 $ 95 . 00 1962 ( IV) $ 333.37*
280 DECISIONS OF NATIONAL
Year &
Quarter
Corrected
flours
Corrected
Net
Backpay
1963 (I) 622.3 1,057.91
(II), 537.5 40.53
(III) 517.5 0.00
(IV) 517 .8 50.58
1964 (I) 507.7 0.00
(II) 525.6 16.13
(III) 0.00*
(IV) 0.00
1965 (1,
et seq.,
no change)
Total Corrected
Net Backpay $1,498.52
P. John H. Fox
John H. Fox's backpay period began March 25,
1963, and terminated December 20, 1963, when he
entered a Richmond, Indiana, hospital where he
remained until his death on July 17, 1964. During
the backpay period Fox who had lived in the Con-
nersville area for some 40 years had two dependent
children living with him. He registered with the
State Employment Security Division and also
sought employment from private employers in Cin-
cinnati, Hamilton, and Evendale. He secured em-
ployment early in his backpay period and I con-
clude that he fulfilled his duty to seek offsetting in-
terim earnings . It appears that during the period of
his unemployment Fox worked an average of 2 days
a week at odd jobs and, assuming payment at an
hourly rate of $1.40, earned $22.40 per week most
probably allocable to the first quarter of 1963 in
which he was otherwise totally unemployed.
The General Counsel amended the specification
at the hearing to include a claim for $1,000 on ac-
count of the cancellation of the policy by the Com-
pany on November 19, 1962 . It is clear that this
policy was a condition of employment and the
claim should be allowed without diminution for
premiums since the evidence indicates that this
type of coverage was paid entirely by the Company.
Reconstruction of Fox's hours and net backpay,
payable to his next of kin, is as follows:
' Reduced because of sickness covering I 1 workdays in June-July 1966
LABOR RELATIONS BOARD
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 76.60
(II) 537.5 660.65
(III) 0.00*
(IV) 485.5* 305.28
Insurance
Benefit
1,000.00
Total Corrected
Net Backpay $2,042.53
Q. Marvin Frady
Frady's backpay period begins March 25, 1963,
and ends April 17, 1967. During this period Frady
was about 50 years of age and had lived some 20
years in the Cambridge City area. He married a
widow with four minor children January 29, 1966,
had a daughter born, and was divorced January 6,
1967. Frady registered for work at the Richmond
office of the Indiana State Employment Security
Division some time in January 1963 and renewed
his registration weekly during periods he was unem-
ployed. He applied for work at only six private em-
ployers. I agree with the Company that Frady failed
to exert reasonable effort to secure offsetting em-
ployment until the third quarter of 1965 and con-
clude that he is entitled to backpay only commenc-
ing with that quarter.
Reconstruction of Frady's net backpay is as fol-
lows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1965 (III) 531.6 453.73
(IV) 567.8 965.26
1966 (I) 503.2 443.94
(II) 524.2 0.00*
(III) 578.5 0.00 7/
(IV) 560.2 0.00
1967 (I) 0.00*
(II) 0.00*
Total Net
Backpay $1,862.93
R. Gerald D. Goble Goble appears to have initiated arrangement for
operation of a Texaco Service station shortly prior
Goble's backpay period begins March 25, 1963, to the commencement of his backpay period and
and ends December 16, 1966. During this period commenced that work about the commencement of
Goble, who had lived in the Cambridge City area the backpay period.
all his life, was married and had one minor child. Reconstruction of his backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 30.57*
(II) 537.5 320.29
(III) 0.00*
(IV) 0.00*
1964 (I) 507.7 329.92
(II) 0.00*
(III) 523.0 0.00
(IV) 0.00*
1965 (I) 486.7 234.79
(II) 0.00*
(III) 0.00*
(IV) 567.8 65.84
1966 (I) 0.00*
(II) 0.00*
(III) 0.00*
(IV) 0.00*
Total Net
Backpay $ 981.41
S. Bennie J. Hall
Hall's backpay period begins March 25, 1963,
and ends January 27, 1967. During this period Hall,
who had lived in the Cambridge City area since
1946, was married and had two minor children at
home during the period March 1963 until March
1966. After an initial registration in 1962 solely for
the purpose of unemployment compensation, Hall
registered and applied for work at the State Em-
ployment Security offices at Connersville, Muncie,
and Anderson. He also applied at private employers
1964 I 36 miles x
II
III
IV
1965 I
LEE CYLINDER DIV. OF GOLAY -281
in Connersville, Muncie, Anderson, Richmond and
other cities in the area, and eventually succeeded in
securing substantial offsetting interim employment.
I find that he exercised due diligence in seeking
work during his backpay period.
There appears to be merit in the Company's posi-
tion respecting the proper allowance for travel ex-
pense during the period of his employment at K.
Horton & Sons, Inc., during 1964 and the first
quarter of 1965 and the travel claims should be
reconstructed, on a 10-cent-per-mile basis as fol-
lows:"
21 days
19 It
74
59
II
$ 75.66
68.40
266.40
212.40
50.40
e The record would seem to establish that in this period Hall lived at similar defect in the mileage claimed for work at Wilkinson it would appear
Dublin rather than Shirley , h.diana , but the difference in mileage appears that any discrepancy is insubstantial in view of the distances involved
to be relatively insignificant With respect to the contention that there is a
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Reconstruction of Hall's backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 79,20* $ 79.20*
(II) 537.5 860.00
(III) 517.5 828.00
(IV) 517.8 590.68
1964 (I) 507.7 305.34
(II) 525.6 570.86
(III) 0.00*
(IV) 528.9 0.00
1965 (I) 486.7 573.12
(II) 510.7 144.90
(III) 531.6 185,56
(IV) 506.7* 0.00*
1966 (I) 0.00*
(II) 0.00*
(III) 0.00*
(IV) 0.00*
1967 (I) 198.0* 317.80
Total Net
Backpay $4 ,715.46
T. Thomas J. Harrison
Harrison's backpay period commenced March
25, 1963, and terminated January 13, 1967. During
this time Harrison, who was 46 years old at the start
of the period, had lived in the Cambridge City area
for more than 20 years and had one adult son living
with him for a small part of the period. He re-
gistered for employment only at the Connersville
office of the State Employment Security Division
and apparently renewed his registration weekly in
the period December 1962 until December 1963.
During the period of his employment at Golay and
thereafter Harrison was without the sight of one
eye, a handicap which prevented his obtaining at
least one job during his backpay period. While Har-
rison applied for work at a substantial number of
private employers in the area, the evidence in-
dicates that he made no such applications after
May 1963. I conclude that his backpay should
cease as of December 31, 1963, the last period of
registration with the State Employment Security
Division.
Reconstruction of Harrison's backpay is as fol-
lows:
Year &
Quarte
Corrected
Hour
Corrected
Net
Backpay
1963 (I) 49.5* $ 84.15*
(II) 537.5 903.75
(III) 528.0* 910.69
(IV) 517.8 880.26
Total Corrected
Net Backpay $2,778.85
U. Robert Isaacs
Isaacs' backpay period extends from March 25,
1963, until April 17, 1967. During this period
Isaacs, who had lived some 20 years in the Cam-
bridge City area, was married and had one minor
child living at home. I found him a thoroughly
credible witness. He registered for work at the Con-
nersville office of the Indiana Employment Security
Division late in 1962 and renewed his registration
approximately weekly until October 22, 1963. In
addition he applied at a substantial number of
private employers and the evidence leaves no doubt
that both in the frequency and variety of his work
searches he fulfilled his duty to seek interim em-
ployment.
Reconstruction of Isaacs' backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 89.10*
(II) 537.5 613.87
(III) 517.5 913.59
(IV) 517.8 932.04
1964 (I) 507.7 740.61
(II) 525.6 332.88
(III) 523.9 0.00
(IV) 528.9 0.00
1965 (I) 486.7 5.50
(II, 0.00
et seg. )
Total Corrected
Net Backpay $3,527.59
V. Jesse James
James' backpay period extends from September
28, 1962, to June 8, 1967. During this period
LEE CYLINDER
James, who was in his thirties and had lived in the
Connersville area for more than 20 years , was mar-
ried and had three minor children living at home.
James registered for work with the Connersville of-
fice of the Indiana State Employment Security Divi-
sion early in October 1962 and renewed his regis-
tration weekly until March 1963. He obtained em-
ployment at sale barns in the second quarter of
1963 which continued through the fourth quarter
of 1964 at which time he obtained substantial off-
setting earnings . I also credit his testimony that he
applied for work a substantial number of times at
about 10 other private employers . I conclude that
he satisfactorily met his obligation to seek interim
employment.
Reconstruction of James' backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 612.1 $1,040.57
1963 (I) 622.3 1,057.91
(II) 537.5 783.75
(III) 517.5 749.75
(IV) 517.8 750.26
1964 (I) 507.7 763.09
(II) 525.6 772.27
(III) 523.9 697.52
(IV) 528.9 572.76
1965 (I) 486.7 0.00
(II) 510.7 0.00
(III) 531.6 0.00
(IV) 567.8 0.00
1966 (I) 0.00*
(II) 524.2 38.65
(III) 0.00*
(IV) 560.2 26.79
1967 (I) 496.2 545.26
(II) 0.00*
Total Corrected
Net Backpay $7,758.58
W. John F. Jamison
Jamison 's backpay period extends from March
25, 1963, to December 17, 1966. During this
period Jamison , who had lived his entire life in the
Cambridge City area , was married , divorced, and
remarried , and apparently childless. Jamison re-
gistered for work with the Connersville office of the
Indiana State Employment Security Division some-
time in late 1962 and renewed his registration
DIV. OF GOLAY 283
about 10 times . In addition he sought work at four
employers in the labor market area . The record
leaves me unconvinced that he exercised due
diligence in seeking employment during the period
from the fourth quarter of 1963 through the third
quarter of 1964 and I can see no basis for allowing
backpay during this period . In other respects there
appears sufficient evidence to support the allega-
tions of the specification.
Reconstruction of Jamison 's backpay is as fol-
lows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 14.20*
(II) 537.5 584.95
(III) 517.5 670.35
(IV)
through 1964
(II) 0.00
1964 (III) 523.9 802.36
(IV) 528.9 86.60
1965 (I) 486.7 32.99
(II) 510.7 53.80
(III,
et seq.) 0.00
Total Corrected
Net Backpay $2,243.25
X. Walter L. Jones
Jones' backpay period extends from March 25,
1963, to April 21, 1967. During this period Jones,
who had lived in the Cambridge City area for some
20 years, was married and had a son living at home.
Jones registered for work with the Connersville of-
fice of the Indiana State Employment Security Divi-
sion on December 1, 1962, and renewed his regis-
tration weekly until March 1963. In addition he ap-
plied at private employers and succeeded in secur-
ing substantial earnings commencing with the third
quarter of 1963. There appears merit in the Com-
pany's position that his travel expenses for the
period of his employment in Lynn while living in
Centreville should be readjusted to reflect a round-
trip distance of 27 miles at 10 cents per mile. This
would reduce expenses in the period 1963(11) to
$18.90, leaving net interim earnings for that
quarter at $256.21 instead of the $235 . 11 in the
specification.
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Reconstruction of Jones' backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 84.15*
(II) 537.5 657.54
(III) 517.5 83.05
(IV)
through 1966
(III) 0.00*
1966 (IV) 560.2 0.00
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
(III) 517. 5 220.00
(IV f
It seq. ) 0.00
Total Corrected
Net Backpay $2,335.65
Total Corrected
Net Backpay $ 824.74
Y. Ronald Keal
Keal's backpay period extends from December 4,
1962, until December 17, 1966. During this period,
as appears from a stipulation as to what Keal would
testify if called , Keal, who lived in the Cambridge
City area all his life until his move to Marion, Indi-
ana, in 1953 , was married and had two children,
one born during the backpay period. He registered
for employment with the Connersville office of the
Indiana State Employment Security Division in
December 1962 and renewed his registration in
January and February 1963; he also registered in
September 1963 at the Marion office . There ap-
pears to be no question as to the diligence of his
search for work which resulted in his obtaining sub-
stantial offsetting earnings in the third quarter of
1963 and thereafter . Nor does the Company press
any objection respecting Keal's claim for hospital
and surgical benefits covered under the Company's
insurance plan. With respect to the Company's
position that the amount claimed for transportation
in 1963(11) should be reduced to a daily round trip
of 146 miles at 8 cents per mile for 44 workdays or
a total of $513.02, I find that the corrected mileage
allowance of 10 cents per mile at the 146 mile
distance makes no substantial difference in the
specification.
Reconstruction of Keal 's backpay is as follows:
Year &
Quarte
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 196.1* $ 342.98*
1963 (I) 622.3 1,090.14
(II) 537.5 682.53
Z. Robert G. Lawrence
Lawrence 's backpay period extends from
December 10, 1962, to April 21, 1967 . During this
period Lawrence , aged in the twenties , was mar-
ried, had one minor child at home, and had lived
his entire life in the Cambridge City area. He re-
gistered for work with the Richmond and New Cas-
tle offices of the State Employment Security Divi-
sion and applied for work at a substantial number
of employers in six cities in the labor market area.
He succeeded in obtaining substantially offsetting
employment in the second quarter of 1964 and I
conclude that he fulfilled his obligation to seek in-
terim employment.
Reconstruction of Lawrence 's backpay is as fol-
lows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 140 . 8* $ 207.48*
1963 ( I) 622 . 3 995.68
(II) 537. 5 859.00
(III) 517.5 718.72
(IV) 517.8 335.58
1964 (I,
et seq.) 000.00
Total Corrected
Net Backpay $3,116.46
AA. Robert V. Meyer
Meyer's backpay period extends from March 25,
1963, to June 8, 1967. During this period Meyer,
who had lived his entire life in the Cambridge City
area , was married and had two minor children liv-
ing at home. Meyer registered for employment at
the Connersville office of the Indiana State Em-
ployment Security Commission on December 8,
LEE CYLINDER DIV. OF GOLAY 285
1962, and renewed his registration weekly until
March 2, 1963. In addition Meyer applied for work
weekly during the period November 26, 1962, until
March 4, 1963, at more than a dozen employers in
the labor market area . I find that he fulfilled his
duty to seek offsetting interim employment. The
backpay specification was amended at the hearing
to include union dues expenses of $12 per quarter
during the course of his employment in the period
from 1963(11) through 1965(IV).
Reconstruction of Meyer's backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 49.20*
(II) 537.5 223.37
(III) 517.5 198.56
(IV) 517.8 9.09
1964 (I) 507.7 59.67
(II) 525.6 92.89
(III) 523.9 159.64
(IV) 528.9 69.32
1965 (I) 486.7 0.00*
(II) 510.7 0.00
(III) 531.6 95.78
(IV,
et seq .) 0.00
Total Corrected
Net Backpay $ 908.42
BB. Willie Joe Mills
Mills' backpay period extends from March 25,
1963,8 until April 21, 1967. During this period
Mills, who had spent his entire life in the Cam-
bridge City area, was in his twenties, married, and
had minor children at home during part of the
period.
Mills registered for employment with the Em-
ployment Security Division office at Connersville
early in December 1962 and renewed his registra-
tion at that office weekly for about 20 weeks. He
also registered at the New Castle and Richmond
Employment Security offices in March 1963 and
returned to those offices 8 or 10 times. In addition
he sought employment at several private employers
in the labor market area and succeeded in finding
substantial offsetting earnings in the first quarter of
1964. 1 find he fulfilled his obligation to seek
interim employment.
Reconstruction of Mills' backpay is as follows:
Corrected
Year &
Quarter
Corrected
Hours
Net
Backpay
1963 (I) 124.5 $ 109.40
(II) 537.5 842.60
(III) 517.5 828.00
(IV) 517.8 653.33
1964 (I)
(II,
507.7 0.00
et seq.) 0.00*
Total Corrected
Net Backpay $2,431.33
CC. Charles E. Nash
There is a dispute as to the beginning date of
Nash's backpay period, but it appears clear on the
basis of the Intermediate Report of Trial Examiner
Constantine , the Board 's decision , and Nash's
testimony, which I credit, that he made an uncondi-
tional offer to return to work in December 1962.
Nash did not testify as to any particular date in
December and from this failure it must be
presumed that the applicable date would be
December 31. I conclude that his backpay period
extends from January 1, 1963, to October 18,
1963.
During the backpay period Nash, who had lived
in the Cambridge City area for some 10 years, was
married and had two small children living at home.
Nash registered for work with the Connersville of-
fice of the Indiana Employment Security Division in
December 1962 and renewed his registration
weekly until March 1963. In addition Nash sought
work at a substantial number of private employers
in the labor market area and his expenses were in
fact incurred and are properly allowable. I find that
he made diligent search for offsetting employment.
The evidence indicates that Nash was out sick 2
weeks in June 1963, but the record indicates that
the specification allowed for that as lost time.
Reconstruction of Nash's backpay is as follows:
Corrected
Year & Corrected Net
Quarter Hours Backpay
1963 (I) 622.3 $1,186.37
(II) 458.0* 761.95*
(III) 517. 5 28.86
Total Corrected
Net Backpay $1,977.18
I he specification computes the backpay period from December 5,
1962, but I find merit in the Company 's brief contention that the Board's
Decision makes clear that March 25 , 1963, is the correct date
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DD. Robert Lee Nick
Nick 's backpay period extends from March 25,
1963, to April 21, 1967. During this period Nick
was married , had one minor child living at home,
and had lived in the Cambridge City area since
1957. Early in the backpay period Nick re stered
for work with the Employment Security Division at
Connersville and renewed his registration five or six
times . In addition he sought and obtained substan-
tial offsetting earnings from private employers early
in the backpay period . There can be no reasonable
doubt as to his diligence in this regard. Nick was
idle for 8 weeks commencing November 18, 1965,
due to a strike and his refusal to cross the picket
line and should be denied backpay for this period,
reconstructing interim earnings on the basis of
those earned in the preceding quarter.
Reconstruction of Nick 's backpay is as follows:
Year &
Quarter ,
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* 5.22*
(II) 537.5 120.00
(III) 517.5 0.00
(IV)
through 1965
(III) 0.00
1965 (IV) 567.8 0.00
1966 (I
and II) 0.00*
1966 (III) 578.5 0.00
(IV) 0.00
1967 (I) 0.00
(II) 155.4* 15.80
Total Corrected
Net Backpay $ 141.02
Topeka, Kansas, in September 1963 where he
secured employment which continued until the
time of the hearing in the instant proceedings. I find
that he exercised due diligence in seeking interim
earnings . It also appears reasonable to allow his
travel costs in the amount of $50 for driving to
Topeka in view of the circumstances of lack of
work in the Cambridge City area and the opportu-
nity to work in Topeka where his brother was em-
ployed and informed as to employment opportuni-
ties. There appears merit, however, in the Com-
pany's position that his claim for expenses looking
for work in 1963(IV) is excessive and that only $35
is allowable as expenses in search of work in that
quarter. It also appears that O'Dear was sick for 5
weeks in 1963(IV), that he had additional income
of $100 in the form of rent in that quarter, and that
his gross backpay and interim earnings should be
adjusted accordingly.
Reconstruction of O'Dear's net backpay is as fol-
lows:
EE. Bill E. O'Dear
O'Dear's backpay period extends from March 25,
1963, until December 17, 1966. During this period
O'Dear, who was 24 years of age in 1963 was un-
married and had lived in the Cambridge City area
since 1956 . He registered for employment at the In-
diana State Employment Security offices at Con-
nersville, Richmond, New Castle, and Marion and
renewed his registrations numerous times . In addi-
tion he applied for work at several gas filling sta-
tions and other private employers in the Cambridge
City labor market area. In 1963(111) he moved to
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 0.00*
(II) 537.5 190.30
(III) 540.76*
(IV) 318.0 10/ 408.80
1964 (I) 507.7 129.72
(II) 525.6 274.42
(III) 523.9 245.84
(IV) 528.9 163.64
1965 (I) 486.7 60.79
(II) 510.7 137.22
(III) 531.6 95.91
(IV) 506.7* 254.60
1966 ( I) 81.9* 0.00*
(II) 524.2 0.00
(III) 0.00*
*(IV) 0.00
Total Corrected
Net Backpay $2,502.00
FF. Paul E. Paris
Paris' backpay period extends from November
19, 1962, until June 8, 1967. During this period
Paris, who had lived all his life in the Cambridge
City area, married in 1965. Paris registered for
work with the Connersville office of the Indiana
Employment Security Division and renewed his re-
10517.8x8/13.
LEE CYLINDER
gistration weekly for about 5 months until he was
informed by that office that he would be
telephoned if work became available. In addition
Paris applied for work, commencing in late
November 1962, at a number of private employers
and succeeded in securing county and city employ-
ment in the labor market area until he moved to
New Jersey in 1965(111), and succeeded in eliminat-
ing substantial backpay thereafter." Paris concedes
that in each winter of the backpay period he had
sickness which appears to average out about 40
hours in each fourth and first quarter and his gross
backpay for each such quarter is reconstructed
below to allow for such unavailability for work.
Reconstruction of Paris' net backpay is as fol-
lows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 443.1 $ 753.27
1963 (I) 582.3 989.91
(II) 537.5 904.75
(III) 454.9* 773.23*
(IV) 477.8 703.26
1964 (I) 467.7 479.96
(II) 525.6 60.69
(III) 523.9 34.74
(IV) 0.00*
1965 (I) 446.7 9.46
(II) 510.7 0.00
(III) 531.6 102.70
(IV) 3.26
1966 (I) 81.9* 0.00*
(II) 524.2 0.00
(III) 578.5 11.42
(IV,
at seq.) 0.00
Total Corrected
Net Backpay $4,826.61
GG. Lester A. Pebworth
Pebworth's backpay period extends from
November 30, 1962, until April 28, 1967. During
this period Pebworth, who had lived all his life in
the Cambridge City area, was married and had
three minor children living at home. Pebworth re-
gistered for work with the State Employment
DIV. OF GOLAY 287
Security Division in November 1962 and renewed
his registration weekly thereafter. In addition he
sought work at a substantial number of private em-
ployers and obtained employment early in the
period which eventually led to an early attrition of
backpay. There appears to be no question as to his
diligence in seeking work or in the reasonableness
of his expenses incurred in his efforts. Reconstruc-
tion of Pebworth's backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) $ 0.00*
1963 (I) 622.3 883.27
(II) 537.5 589.85
(III) 517.5 469.13
(IV) 517.8 248.69
1964 (I) 507.7 211.73
(II,
et seq.) 0.00
Total Corrected
Net Backpay $2,402.67
HH. James H. Powell
Powell's backpay period extends from March 25,
1963, to April 21, 1967. During this period Powell,
who had lived his entire life in the Cambridge City
area, was married and had six minor children living
at home. Early in 1963 Powell registered for em-
ployment with the State Employment Security Divi-
sion at Connersville and renewed his registration
weekly for some indefinite period. In addition he
applied for work at some 25 employers in the labor
market area and succeeded in securing substantial
offsetting earnings in the third quarter of 1963. I
find that he exercised due diligence in seeking in-
terim employment. The Company contends that al-
lowance should be made for certain self-employ-
ment income but the specification seems to reflect
all such income as the record indicates was earned.
The Company also contends that allowance should
be made for excessive absence but there is no basis
for concluding that the figure suggested of 144
hours in 1962 is accurate and leave records were
not produced.
" The Company contends that travel expense to New Jersey should not
be recognized , but the evidence is that the travel was undertaken primarily
in the quest of work
288 DECISIONS OF NATIONAL LABOR
Reconstruction of Powell's backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
49.5* $ 89.10*
537.5 860.50
517.5 256.70
517.8 190.94
507.7 131.96
525.6 141.83
523.9 97.02
528.9 149.52
486.7 53.56
510.7 149.76
531.6 118.38
506.7* 55.81
122.7* 0.00
524.2 174.06
0.00*
566.4* 0.00
196.2 892.56
155.4* 279.72
Total Corrected
Net Backpay $3,601.42
II. Donnie Ray Purvis
Purvis' backpay period extends from March 25,
1963, until April 28, 1967. During this period Pur-
vis was married and had lived in the Cambridge
City area since 1942. He registered for work with
the Employment Security Division office at Con-
nersville in December 1962 and renewed his regis-
tration weekly for 26 successive weeks. In addition
Purvis applied unsuccessfully for work at more than
15 employers in the labor market area. He secured
farm work early in his backpay period and secured
substantial offsetting employment commencing the
fourth quarter of 1964. I find that he exercised due
diligence in seeking to offset his backpay claim.
The Company contends that he is to be disallowed
backpay on account of illness and participation in a
strike in August, September, or October, 1965, but
has failed to show which calendar quarter the
absences occurred in.
Reconstruction of Purvis' backpay is as follows:
Corrected
Year & Corrected Net
Quarter Hours Backpay
RELATIONS BOARD
Year &
Quarter
Corrected
Corrected Net
Hours Back2ay
(II) 537.5 650.41
(III) 517.5 416.75
(IV) 517.8 0.00
1964 (I) 507.7 439.69
(II) 525.6 471.28
(III) 523.9 492.13
(IV) 528.9 0.00
1965 (I) 486.7 0.00*
(II) 0.00*
(III) 531.6 0.00*
(IV,
et seq.) 0.00
Total Corrected
Net Backpay $2,476.81
JJ. James F. Raby
Raby's backpay period extends from November
25, 1962, until December 16, 1966. During this
period Raby, who had lived his entire life in the
Cambridge City area, was married and had one
child born in 1965. Raby registered for work with
the Connersville office of the State Employment
Security Division in December 1962 and renewed
his registration three or four times. In addition he
sought employment at several private employers in
the Cambridge City area. He secured employment
in the first quarter of 1963 which developed in the
third quarter of 1963 into earnings eliminating
backpay thereafter. I find that he fulfilled his duty
to seek offsetting earnings and that his claims for
expenses are reasonable and were actually in-
curred.
James F. Raby's reconstructed net backpay is as
follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 242.9* $ 437.22*
1963 (I) 622.3 983.50
(II) 537.5 390.86
(III) 0.00*
(IV) 0.00*
1964 (I) 507.7 0.00
(II,
et seq •) 0.00*
Total Corrected
1963 (I) 49.5* $ 26.55* Net Backpay $1,811.58
LEE CYLINEER
KK. John A. Raby
John Raby's backpay period extends from March
25, 1963, until December 16, 1966. During this
period Raby, who had lived in the Cambridge City
area since 1948, was married and purchasing a
home. He registered for work with the Connersville
office of the State Employment Security Division
and renewed his registration periodically thereafter.
In addition he looked for work at a number of
private employers in the area and obtained substan-
tial offsetting earnings relatively early in his
backpay period. I find that he exercised due
diligence in seeking interim employment and that
he is entitled to backpay in accord with the specifi-
cation adjusted only for corrected hours and rates. I
reject the Company's contention that backpay must
be disallowed for an 8-day period in February 1966
since the evidence does not indicate that he was
voluntarily unemployed in this period but rather
delayed in a preemployment physical examination.
Reconstruction of John A. Raby's net backpay is
as follows:
Corrected
Year & Corrected Net
Quarter Hours Backpay
1963 (I) 49.5* $
(II) 537.5
(III) 517.5
(IV) 517.8
1964 (I) 507.7
(II) 525.6
(III) 523.9
(IV) 528.9
1965 (I) 486.7
(II) 510.7
(III) 531.6
(IV) 567.8
1966 (I) 434.8*
(II,
et seq •)
99.00
496.00
256.60
396.11
627.21
530.57
533.10
134.46
33.40
181.40
113.20
160.60
83.88
0.00
Total Corrected
Net Backpay $3,646.53
LL. Paul E. Sams
Sams' backpay period extends from March 25,
1963, until December 17, 1966. Sams had lived in
the Cambridge City area since 1953 and during the
12 Steele had a lengthy record of convictions for misdemeanors and one
conviction for burglary for which he received a suspended 2-year sentence
Even taking this record into account I credit his testimony before me as to
his efforts to secure employment The Company contends that he should be
DIV. OF GOLAY 289
backpay period was married and had a child and a
stepchild living at home. He registered for work
commencing in January 1963 at the State Employ-
ment Security offices at Indianapolis, Connersville,
and Richmond and applied for work at several
private employers. He secured substantial offsetting
employment at the commencement of his backpay
period resulting in the elimination of backpay
claims since the third quarter of 1963. Reconstruc-
tion of his backpay is as follows:
Corrected
Year & Corrected Net
Quarter Hours Backpay
1963 ( I) $ 0.00
(II) 537 .5 98.78
(III,
et seq.) 0.00
Total Corrected
Net Backpay $ 98.78
MM. James A. Steele
Steele's backpay period begins on the date,
December 4, 1962, on which he was found by the
Board to have unconditionally applied for return to
work and ends June 8, 1967. During this period
Steele, who had lived in the Cambridge City area
for some 20 years, was married and had two minor
children living at home. Steele registered for work
with the Connersville office of the State Employ-
ment Security Division early in his backpay period
and renewed his registration thereafter in weeks
when he was not employed. In addition he sought
work directly at numerous employers in the labor
market area and succeeded in securing offsetting
employment early in his backpay period' which sub-
stantially eliminated his backpay claims by the first
quarter of 1965. The record convinces me that he
fulfilled his duty to seek interim offsetting
earnings.12
Reconstruction of Steele's net backpay is as fol-
lows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1962 (IV) 196.1* $ 392.20
1963 (I) 622.3 1,244.60
(II) 537.5 654.24
(III) 517.5 624.14
debited with 1-week backpay for disability due to hospital -treated stab
wounds in September 1963, but his testimony is that he was hospitalized
only for 3-4 hours and it cannot be presumed that his disability extended
longer than this short interval
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
(IV) 517.8 894.22
1964 (I) 507.7 789.64
(II) 525.6 738.42
(III) 523.9 543.65
(IV) 528.9 460.47
1965 (I) 486.7 33.09
(II) 510.7 0.00
(III)
through 1967
(I) 0.00*
1967 (II) 409.4* 0.00
Total Corrected
Net Backpay $6,374.67
NN. Richard A. Toney
Toney's backpay period extends from March 25,
1963, until December 17, 1966. During this period
Toney, who had lived in the Cambridge City area
all his life, got married on June 16, 1965. He re-
gistered for work with the State Employment
Security Division at Connersville and applied at
several private employers, securing substantial off-
setting earnings early in his backpay period. There
appears to be no question as to his diligence in
seeking interim work. The General Counsel has
conceded that Toney was unavailable for work for
1 week in the summers of 1964 and 1965 and for 6
weeks in the fall of 1965.
Reconstruction of Toney's backpay is as follows:
Corrected
Year &
Quarter
Corrected
Hours
Net
Backpay
1963 (I) 49.5* $ 51.40*
(II) 537.5 261.02
(III) 517.5 233.70
(IV)
through 1965
(II) 0.00
1965 (III) 531.6 0.00
(IV) 310.8 13/ 0.00
1966 (I
and II) 0.00
(III) 578.5 72.42
(IV) 0.00*
Total Corrected
Net Backpay $ 618.54
" 7/13 of 567 8.
00. Andrew J. Transier
Transier's backpay period extends from March
25, 1963, to April28, 1967. During this period,
Transier, who had lived in the Cambridge City area
since 1960, was married and had two minor chil-
dren living at home. Transier registered for employ-
ment with the Connersville office of the State Em-
ployment Security Division in December 1962 and
renewed his registration weekly at least until Au-
gust 1963. He also registered with the Employment
Security offices at Richmond, Muncie, and New
Castle and renewed his registrations at those offices
numerous times . In addition he sought work at nu-
merous private employers in the labor market area
securing some low pay work early in the backpay
period which became substantially offsetting em-
ployment commencing in the third quarter of 1964.
There appears to be no question raised as to his
diligence in this regard and I find that he fulfilled
his duty to seek offsetting interim employment.
There appears merit in the Company's conten-
tions (1) that there should be allowance for casual
employment at Holiday Service Station in the
amount of $16 per quarter for each of the last three
quarters of 1963, and (2) that the cost of union
dues while employed at DeRose Industries during
the period 1964(IV) through 1966(11) should be
$10 per quarter instead of $15. The contention that
Transier was voluntarily unemployed through par-
ticipation in a strike in 1967( I) is immaterial since
no backpay is claimed for this period.
Reconstruction of Transier's backpay is as fol-
lows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 84.15*
(II) 537.5 870.25
(III) 517.5 740.03
(IV) 517.8 792.18
1964 (I) 507.7 763.14
(II) 525.6 51.24
(III) 523.9 0.00*
(IV) 528.9 215.05
1965 (I) 486.7 227.32
(II) 510.7 18.33
(III) 531.6 65.33
(IV) 506.7* 87.22
1966 (I
and II) 0.00*
(III) 578.5 83.98
(IV) 0.00*
LEE CYLINDER DIV. OF GOLAY 291
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1967 (I) 0.00*
(II) 196 . 5* 0.00
Total Corrected
Net Backpay $3,998.24
PP. Billy R. Tyree
Tyree's backpay period begins March 25, 1963.
There is a dispute as to its terminal date, the
General Counsel 's motion to amend the specifica-
tion to allege a termination date of July 30, 1967,
instead of June 8, 1967, being allowed by the Trial
Examiner . In this regard the evidence indicates that
although the Company wrote Tyree an offer of im-
mediate and full reinstatement under date of
December 10, 1966 , when Tyree appeared and
stated his acceptance of that offer he was told that
no work was available and that he would be
notified at a later date . On June 8, 1967, another
written offer of immediate and full reinstatement
was made and accepted by Tyree ( with the un-
derstanding that his 18-day National Guard duty
would first have to be served ) but the evidence in-
dicates quite plainly that the proffered employment
was quite plainly substantially below the level of his
prior position and was on that account rejected by
Tyree . I find that his terminal backpay date is
properly set at July 30, 1967.
The General Counsel moved at the hearing to
strike interim earnings in the backpay period from
Economy Oil Corp . on the ground that such income
was no more than a continuation of supplemental
employment antedating the backpay period. The
evidence indicates that this employment antedated
the strike by only a little more than 1 month and it
cannot be regarded as established supplemental
employment . I am convinced that the Economy Oil
Corp. earnings are properly credited in the specifi-
cation as interim earnings.14
During the backpay period Tyree , who had lived
in the Cambridge City area for more than 25 years,
was married and had seven minor children living at
home . Tyree registered for work with the Conners-
ville office of the Indiana Employment Security
Division and renewed his registration weekly for
about 20 weeks . In addition he registered at the
Muncie office of the Employment Security Division
and also applied for work at numerous private em-
ployers . There can be no serious question as to his
diligence in seeking interim work and, in fact, he
secured substantial offsetting earnings early in his
backpay period.
Reconstruction of Tyree's backpay is as follows:
Corrected
Year &
Quarter
Corrected
Hours
Net
Backpay
1963 (I) 49.5* $ 0.00*
(II) 537.5 302.37
(III)
through 1965
(III) 0.00
1965 (IV) 567.8 519.93
1966 (I)
through (III) 0.00
1966 (IV) 560.2 397.34
1967 (I) 496.2 288.54
(II) 409.4* 195.98
Total Corrected
Net Backpay $1,704.16
QQ. Delbert Vickers
Vickers' backpay period extends from March 25,
1963, to April 28, 1967. During this period
Vickers, who had lived in the Cambridge City area
since 1962, was married and had three minor chil-
dren living at home. There is no indication that
Vickers ever registered for employment with any
State Employment Security Division office in the
labor market area until early 1966 when he re-
gistered at Connersville and Richmond ; he also re-
gistered at the Greenville, Ohio State employment
agency sometime in 1966 . The record does clearly
establish that he applied to numerous private em-
ployers and I find that he exercised due diligence in
seeking interim employment . I also find that his ex-
penses are properly calculated and are allowable.
Reconstruction of Vickers' backpay is as follows:
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 49.5* $ 79.20*
(II) 537.5 677.50
(III) 517. 5 828.00
(IV) 517 .8 828.48
14 1 do not , however, see any basis in the evidence for the Company's
contention that the specification includes meal costs as interim expenses
Nor do I see any basis for the Company 's contention that allowance should
be made for excessive absenteeism since the only extended absence ap-
pears to have been due to National Guard duty of which the Company was
notified.
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Year &
Quarter
Corrected
Corrected Net
Hours Backpay
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1964 (I) 507.7 812.32 1964 (I) 507.7 0.00
(II) 525.6 483.76 (II) 525.6 0.00
(III) (III) 403.9 383.80
through 1967 (IV) 448.9 427.01
(I) 0.00* 1965 ( I) 486 . 7 326.06
1967 (II) 196.5* 0.00 (II) 510.7 61.26
(III) 531.6 178.88
Total Corrected (IV) 506 ,7* 431.75
Net Backpay $ 3,709.26 1966 (I
and II) 0 00*.
(III) 578.5 321.66
(IV) 560.2 535.60
RR. James R. Winchester 1967 ( I) 182.0 231.03
Winchester 's backpay period extends from
March 25, 1963, to January 26, 1967. During this
period Winchester , who had lived in the Cambridge
City area since about 1951, was married and had
10 children living at home . He registered for work
with the New Castle office of the Indiana Employ-
ment Security Division and renewed his registration
weekly for 4 to 6 weeks . In addition he applied
directly for work at a substantial number of private
employers and I find that he exercised due
diligence in seeking interim employment. The
specification was amended by the General Counsel
at the hearing so as to eliminate backpay for
1964( 1) and (II).
The Company's brief points out the need for
reconstruction of the backpay claim in several
respects as follows: ( 1) the gross backpay for
1964( 111) should be adjusted by deducting 120
hours lost due to sickness ; ( 2) the gross backpay
for 1964(IV) should be adjusted by deducting 80
hours lost due to a voluntary quit of his employ-
ment ; (3) interim earnings from Lindley Mitchell
should be adjusted by adding the value of furnished
housing at $180 per quarter and a similar adjust-
ment should be made in the amount of $150 per
quarter for housing furnished by Clark & Clark;
and (4 ) moving expenses in 1965(IV) should be
reduced from $50 to $15.
Reconstruction of Winchester's backpay is as fol-
lows:
Corrected
Year & Corrected Net
Quarte Hours Backpay
Total Corrected
Net Backpay $3,957.19
SS. Carl G. Wyramon
There is a dispute as to the beginning date of
Wyramon's backpay peirod. The evidence is clear
that he made an unconditional request to return in
December 1962 and that it was made not too long
before Christmas. I conclude that the date of
December 10, 1962, is a reasonable interpretation
of the available evidence and that it should be re-
garded as the beginning date of Wyramon's
backpay period which , as is stipulated , ended April
28, 1967. During the backpay period Wyramon was
married , lived with his wife until 1956, and had
lived in the labor market area his entire life.
Wyramon registered for employment with the
Richmond office of the Indiana State Employment
Security Division and renewed his registration
weekly until he secured employment in the fourth
quarter of 1963 . In addition he sought work regu-
larly at several of the larger employers in the area
and secured substantially offsetting earnings in
1963(IV). I find that he exercised due diligence in
seeking interim employment . The Company con-
tends that credit should be entered against backpay
for certain rental allowances enjoyed by Wyramon
but the evidence , considerably hazy, seems to in-
dicate that these allowances were gratuities rather
than compensation for services . The specification
was amended to delete union dues expenses prior
to 1966.
Reconstruction of Wyramon's backpay is as fol-'
lows:
1963 (I) 49.5* $ 89.10* Year & Corrected
Corrected
Net
(II) 537.5 831.57 Quarter Hours Backpay
(III) 517.5 99.05*
(IV) 517.8 40.42 1962 (IV) 140,8* $ 239.36
LEE CYLINDER DIV. OF GOLAY 293
Year &
Quarter
Corrected
Hours
Corrected
Net
Backpay
1963 (I) 622.3 1,057.91
(II) 537.5 913.75
(III) 517.5 879.75
(IV) 517.8 159.19
1964 (I) 507.7 0.00
(II) 525.6 6.49
(III) 523.9 0.00
(IV) 528.9 0.00
1965 (I
and II) 0.00*
(III) 531.6 41.12
(IV)
through 1966
(II) 0.00*
1966 (III) 578.5 0.00
(IV)
through 1967
I)( 0.00
1967 (II) 196.5* 0.00
Total Corrected
Net Backpay $3,297.57
Conclusions and Recommendations
On the basis of the foregoing findings I conclude
that the claimants listed below are entitled to pay-
ment by the Company of the amounts set opposite
their names, with interest thereon at the rate of 6
percent per annum on each of the quarterly sums
set forth in the specifications , as herein modified,
less lawfully required tax withholdings:
Walter R. Heaston $522.56
Melvin Moistner 44.10
Marion K. Baker 3,240.60
Earl R. Blair 12,433.31
James E. Caudill 1,842.99
Henry Cecil, Jr. 2,913.10
Walter W. Chaney 2,466.33
William O. Clemens 3,489.05
Harold E. Cornett 1,249.18
George W. Dillman 3,402.66
Howard Durham 2,602.71
George Eldridge 1,807.00
Earl Ford 781.99
Bivon Fowler 442.34
Kenneth W. Fowler 1,498.52
John H. Fox
(Next of kin)
2,042.53
Marvin Frady 1,862.93
Gerald D. Goble 981.41
Bennie J. Hall 4,715.46
Thomas J. Harrison 2,778.85
Robert Isaacs 3,527.59
Jesse James 7,758.58
John F. Jamison 2,243.25
Walter L. Jones 824.74
Ronald Keal 2,335.65
Robert G. Lawrence 3,116.46
Robert V. Meyer 908.42
Willie Joe Mills 2,431.33
Charles E. Nash 1,977.18
Robert Lee Nick 141.02
Billie E. O'Dear 2,502.00
Paul E. Paris 4,826.61
Lester A. Pebworth 2,402.67
James H. Powell 3,601.42
Donnie Ray Purvis 2,476.81
James F. Raby 1,811.58
John A. Raby 3,646.53
Paul E. Sams 98.78
James A. Steele 6,374.67
Richard A. Toney 618.54
Andrew J. Transier 3,998.24
Billy R. Tyree 1,704.16
Delbert Vickers 3,709.26
James R. Winchester 3,957.19
Carl G. Wyramon 3,297.57
It is recommended that unless, within 20 days
from receipt of this Supplemental Decision, the
Company has made payments in accordance with
this Supplemental Decision the Board issue an
Order requiring the Company to take such action.
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