Ryder Truck Lines, Inc.

National Labor Relations Board - Board Decisions

Aug 27, 1990

299 N.L.R.B. 573 (N.L.R.B. 1990)

RYDER TRUCK LINES

573
Ryder Truck Lines, Inc. and Melvin D. Taylor.
Case 10-CA-19042
August 27, 1990
SECOND SUPPLEMENTAL DECISION
AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND OVIATT
On December 16, 1987, the National Labor Rela-
tions Board issued a Supplemental Decision and
Order' requinng the Respondent to make whole
Melvin D Taylor for losses resulting from the Re-
spondent's violation of Section 8(a)(1) of the Act
The United States Court of Appeals for the Elev-
enth Circuit enforced the Board's Supplemental
Decision and Order on December 15, 1988 2
A controversy having arisen over backpay due
under the Board's Supplemental Decision and
Order, the Acting Regional Director for Region 10
issued a compliance specification and notice of
hearing on May 5, 1989, alleging the amount of
backpay due Taylor and the amount of contnbu-
bons owed on Taylor's behalf to the Central States,
Southeast and Southwest Areas Health and Wel-
fare Fund and to the Central States, Southeast and
Southwest Areas Pension Fund On May 22, 1989,
the Respondent filed an answer to the compliance
specification with Region 10 admitting in part and
denying in part the allegations in the specification
On August 21, 1989, the Respondent, by its
counsel, entered into a stipulation with the Region
and discnmmatee Taylor agreeing to pay Taylor
$6000 in backpay (plus $2000 in interest), to remit
to the Central States, Southeast and Southwest
Areas Health and Welfare Fund $29,167 08 (includ-
ing $6,492 18 in interest), and to reimburse the Cen-
tral States, Southeast and Southwest Areas Pension
Fund $69,012 34 (including $6,127 34 in interest) on
behalf of Taylor The stipulation, which was effec-
tive on its October 20, 1989 approval by the Re-
gional Director for Region 10, provided that the
Respondent
waives a hearing, decision of an Adminis-
trative Law Judge, the filings of Exceptions
1 287 NLRB 806
2 Enfd mem 863 F 2d 889
and Briefs and argument before the Board, the
making of findings of fact or conclusions of
law by the Board and other proceedings to
which the parties may be entitled under the
Act or the Rules and Regulations of the
_ Board
The stipulation further provided that it constituted
full compliance with the remedial terms of the
Board's Order
The Respondent has complied with the portion
of the stipulation requiring it to pay Taylor $6000,
plus $2000 in interest About November 28, 1989,
the parties orally agreed to permit the Respondent
to make weekly payments to the fringe benefit
funds of $5000, in lieu of a lump-sum payment
On June 22, 1990, the General Counsel filed with
the Board a motion for sununary entry of order en-
forcing stipulation, together with supporting exhib-
its This motion represents that the Respondent has
failed to make any fringe benefit payments on
behalf of the discnmmatee or to provide assurances
when these payments will be made The General
Counsel requests that the motion be granted so that
the Board's processes will not be abused and to
avoid further delays
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel
On June 26, 1990, the Board issued an order
transferring the proceeding to the Board and a
Notice to Show Cause why the General Counsel's
motion should not be granted The Respondent
filed no response The allegations in the motion are
therefore undisputed and the Board grants the
General Counsel's Motion for Summary Judgment
ORDER
The National Labor Relations Board orders that
Ryder Truck Lines, Inc, Birmingham, Alabama, its
officers, agents, successors, and assigns, shall make
whole discnmmatee Melvin D Taylor by tender-
ing $29,167 08, including interest, to the Central
States, Southeast and Southwest Areas Health and
Welfare Fund and $69,012 34, including interest, to
the Central States, Southeast and Southwest Areas
Pension Fund
299 NLRB No 85