138 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Artcraft Ornamental Iron Co., Inc. -and Rich-
Morrow Insurance Agency, Inc. and William B.
Logan, Jr., Trustee in Bankruptcy for Artcraft
Ornamental Iron Co., Inc. and Shopmen 's Local
Union No. 626 of the International Association
of Bridge, Structural & Ornamental Iron Work-
ers, "AFL-CIO. Case 9-CA-19591
27 February 1987
SUPPLEMENTAL ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND BABSON
A controversy having arisen over the amount of
backpay due six discriminatees under the terms of
the Decision and Order issued by the National
Labor Relations Board on 31 July 19841 and en-
forced by a judgment entered by the United States
Court of, Appeals for the Sixth Circuit on 29 May
1985,2 the Regional Director for Region 9 issued a
backpay specification and notice of hearing on 26
March 1986 and on 16 May 1986 an amended back-
pay specification and order rescheduling hearing
alleging the amounts of backpay due the discrimin-
atees.
Thereafter, on various dates during September
and October 1986, William B. Logan Jr., the trust-
ee in bankruptcy for Respondent Artcraft Orna-
mental Iron Co., Inc.; Respondent Rich-Morrow
Insurance Agency, Inc.; the Charging Party; and
the General Counsel entered into a stipulation and
motion to transfer case to the Board in resolution
of the backpay owed pursuant to the terms of the
Board's Order. The stipulation provides for the
entry of a supplemental order and, on application
by the Board, a consent judgment by the United
States court of appeals for any appropriate circuit.
The parties waived all further proceedings before
the Board to which they may be entitled under the
National Labor Relations Act and the Board's
Rules and Regulations, and the Respondent waived
all defenses to the entry of a judgment by the court
of appeals enforcing the Board's Order.
Additionally, the parties stipulated that assets of
Respondent Artcraft Ornamental Iron Co. and Re-
spondent Rich-Morrow Insurance Agency are sub-
ject to the jurisdiction of the United States Bank-
ruptcy Court for the Southern District of Ohio,
Eastern Division, pursuant to the United States
Bankruptcy Code. They further agreed that any
moneys stipulated to be due and payable to the
backpay claimants in this case shall be subject to
further determination by the bankruptcy court re-
garding amounts payable from the bankruptcy
1 271 NLRB 829
2 Civil No 85-5214
estate of Respondent Rich-Morrow. The stipulation
also provides that:
Any determination by the Bankruptcy Court
regarding the claims filed on behalf of the
claimants shall be binding upon the parties to
this stipulation and upon the claimants, after
the expiration of any applicable appeal time, or
after any appeal has been completed, and nei-
ther the bankruptcy estate nor, the trustee indi-
vidually or in his capacity as trustee shall have
any further liability or obligation to pay any
additional amounts or to take any, additional
action with regard to the judgment after distri-
bution in accordance with the provisions of
the Bankruptcy Code.
The stipulation, is approved and made a part of
the record, and the proceeding is transferred to and
continued before the Board in Washington, D.C.,
for the entry of a supplemental order pursuant to
the provisions of the stipulation.
ORDER
Upon the basis of the stipulation and the entire
record in this case, the National Labor Relations
Board orders that the Respondent, Artcraft Orna-
mental Iron Co., Inc. and Rich-Morrow Insurance
Agency, Inc., Columbus, Ohio, its trustees in bank-
ruptcy, officers, agents, successors, and assigns,
shall make the discriminatees whole for the loss of
earnings and other benefits they suffered as a result
of the discrimination against them by paying the
discriminatees the amount set forth opposite their
respective names below, plus interest as set forth
below to the date oP payment.
Robert William Deal $11,266
William M. Diederich 17,334
Wilson Ford 3,594
plus 1,980
Steve R. Friley 18,899
Ronald Lee Monroe 14,925
Jeffrey F. O'Hara 17,344
plus 1,980
The annual interest rates to be applied to the back-
pay are 16 percent for the period ending 30 June
1983; 11 percent for the period 1 July 1983 through
31 December 1984; 13 percent for the period 1 Jan-
uary through 30 June 1985; 11 percent for the
period 1 July through 31 December 1985; 10 per-
cent for the period 1 January through 30 June
1986; and 9 percent for the period 1 July through
31 December 1986.
3 These figures are the amounts of backpay due Ford and O'Hara for
the period beginning in mid-February 198a and ending 29 April 1984
which, pursuant to the terms of the Board's Order, are a separate and
distinct obligation solely of Artcraft Ornamental Iron Co
283 NLRB No. 28
