The Lane Construction Corp.

National Labor Relations Board - Board DecisionsNov 19, 1976

226 N.L.R.B. 1035 (N.L.R.B. 1976)

LANE CONSTRUCTION CORPORATION 1035 The Lane Construction Corporation and Charles W. Freshour and Alvie Ray Loyd and Carpenters' Dis- trict Council of North Central West Virginia, an affiliate of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO and Leroy G. Stanley and William E . Grimes. Cases 9-CA-8714- 1, 9-CA-8714-2, 9-CA-8846, and 9-CA-9073 November 19, 1976 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO On July 27, 1976, Administrative Law Judge Ben- jamin K. Blackburn issued the attached Supplemen- tal Decision in this proceeding. Thereafter, Respon- dent filed exceptions. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has considered the record and the at- tached Supplemental Decision in light of the excep- tions and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order.' ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that the Respondent, The Lane Construction ' Even assuming Respondent 's letter to the Region 9 Compliance Officer were to be treated as an answer to the backpay specification , the bare asser- tion contained therein that the Woolworth formula should not apply to the construction industry because of its seasonal nature is insufficient to raise any issue with respect to the validity of the backpay formula Since the inception of the Woolworth formula , the Board has always applied it to the construction industry Local Union No I Bricklayers, Masons & Plasterers International Union of America , AFL-CIO , 119 NLRB 1466 (1957), Booth and Flinn Company, 120 NLRB 545 (1958 ), National Labor Relations Board v Operating Engineers Local 128 , International Union of Operating Engineers, AFL-CIO, 151 NLRB 972, enfd 380 F 2d 244 (C A 2, 1967 ) While there are some seasonal fluctuations in the industry they do not warrant a finding that the industry as a whole should be exempt from the Woolworth formula Corporation , Burnsville , West Virginia , its officers, agents, successors , and assigns , shall pay Leroy G. Stanley the sum of $2,893 . 60 and William E. Grimes the sum of $2,404 . 84, plus interest at the rate of 6 percent per annum computed in the manner set forth in Isis Plumbing & Heating Co ., 138 NLRB 716 (1962). Payment of these sums shall be minus any taxes required to be withheld by Respondent under Federal , state , and local law. SUPPLEMENTAL DECISION BENJAMIN K. BLACKBURN, Administrative Law Judge: The backpay specification in this proceeding was issued on April 20, 1976 The hearing was held in Clarksburg, West Virginia, on July 13. At the outset of the hearing the Gen- eral Counsel moved to strike that part of Respondent's an- swer which simply denied the backpay formula used in the specification on the ground that it did not comply with that part of Section 102.54(b) of the Board's Rules and Regula- tions, Series 8, as amended, which provides: As to all matters within the knowledge of the respon- dent, including but not limited to the various factors entering into the computation of gross backpay, a gen- eral denial shall not suffice. As to such matters, if the respondent disputes either the accuracy of the figures in the specification or the premises on which they are based, he shall specifically state the basis for his dis- agreement, setting forth in detail his position as to the applicable premises and furnishing the appropriate supporting figures. I granted the motion. Since Respondent raised no other issues,' the backpay specification is correct. I find, there- fore, that the sum of $2,893.60 is due Leroy G Stanley and the sum of $2,404.84 is due William E Grimes, plus inter- est at the rate of 6 percent per annum computed in the manner set forth in Isis Plumbing & Heating Co., 138 NLRB 716 (1962), until the date of payment of all back- pay. Payment of these sums shall be less any taxes required to be withheld by Respondent under Federal, state, and local law. 1 At the hearing. Respondent contended that the system of computing backpay by quarters set forth by the Board in F W Woolworth Company, 90 NLRB 289 (1950). and ordered by the Board to be followed here is not applicable because of the seasonal nature of its business The backpay pe- nod begins in the fourth quarter of calendar 1974 and ends in the second quarter of 1975 No backpay is claimed for either discnmmatee in the first quarter of 1975 because each earned more than his gross backpay Respon- dent would apply the excess to the amounts claimed in the other two quar- ters when gross backpay exceeded interim earnings 226 NLRB No. 145