Teamsters Local 519 (Rust Engineering)

National Labor Relations Board - Board Decisions

Jul 30, 1987

285 N.L.R.B. 75 (N.L.R.B. 1987)

TEAMSTERS LOCAL 519 (RUST ENGINEERING)
Teamsters Local Union #519, affiliated with the
International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America
(Rust Engineering Co.) and Ted L. Porter and
Jim Isbill . Cases 10-CB-4238 and 10-CB-4367
30 July 1987
SUPPLEMENTAL DECISION AND
ORDER
By MEMBERS BABSON, STEPHENS, AND
CRACRAFT
On 16 May and 30 September 1985, respectively,
the National Labor Relations Board issued a Deci-
sion and Order in each of the above cases' in
which it ordered that the Respondent, inter alia,
make whole discriminatees for any losses they may
have suffered resulting from the Respondent's
unfair labor practices in violation of Section
8(b)(1)(A) and (2) of the National Labor, Relations
Act.
On 12 November 1986 the Regional Director for
Region 10 approved a stipulation entered into by
the parties. The parties agreed to the amount of
backpay due eight individuals, and the Respondent
waived the issuance of a backpay specification and
notice of hearing, answer, an administrative law
judge's decision, the filing of exceptions and briefs,
and all further proceedings to which it may be en-
titled under the Actor the Board's Rules and Reg-
ulations.
On 30 March 1987 the General Counsel filed
with the Board a Motion for Summary Entry of
Order Enforcing Stipulation. The General Counsel
alleges that the Respondent has failed to make pay-
ment as agreed in the stipulation. Subsequently, on
7 April 1987, the Board issued an order transfer-
ring the proceeding to the Board and a Notice to
Show Cause why the General Counsel's motion
should not be granted. The Respondent filed a re-
sponse to the Notice to Show Cause in which it al-
275 NLRB 433 (1985) (Case 10-CB-4238) and 276 NLRB 898 (1985)
(Case 10-CB-4367)
75
leged that it does not have the monies to make
payment of the backpay in stipulated amounts and
that it has evidence that the eight individuals had
interim earnings that should be used to reduce the
total amount of the backpay stipulation.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Entry of
Order Enforcing Stipulation
The stipulation specifically states that payment of
sums set forth to the named individuals constitutes
full compliance with the affirmative monetary pro-
visions of the Board's Orders. The Respondent has
failed to offer any valid reasons why it should not
be bound by the terms of the stipulation. Accord-
ingly, the Board grants the Motion for Summary
Entry of Order Enforcing Stipulation and con-
cludes that the amount due each named individual
is as stated in the stipulation. The Board orders
that payment to each named individual be made by
the Respondent as set forth in the stipulation.
ORDER
The National Labor Relations Board orders that
the Respondent, Teamsters Local Union #519, af-
filiated with the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, Oak Ridge and Knoxville, Tennessee,
its officers, agents and representatives, shall make
whole Grady Baldwin, Eugene Branson, Jerry Bur-
gess, Terry Burgess, Edgar Cate, Roger Davidson,
Jim Isbill, and Ted L. Porter by payment to them
of the respective amounts stated in the stipulation,
plus interest to be computed in the manner pre-
scribed in New Horizons for the Retarded,2 less tax
withholdings required by Federal and state laws.
2 In accordance with our decision in New Horizons for the Retarded,
283 NLRB 1173 (1987), interest will be computed -at the "short-term Fed-
eral rate" for the underpayment of taxes as set out in the 1986 amend-
ment to 26 U.S C § 6621. Interest on amounts accrued prior to 1 January
1987 shall be computed in accordance with Florida Steel Corp, 231
NLRB 651 (1977).
285 NLRB No. 14