Atlas Insulation, Inc.

National Labor Relations Board - Board Decisions

Oct 30, 2002

338 N.L.R.B. 454 (N.L.R.B. 2002)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 454
Atlas Insulation, Incorporated and International As-
sociation of Heat and Frost Insulators & Asbes-
tos Workers, AFL–CIO, Local 114. Case 15–
CA–16365
October 30, 2002
DECISION AND ORDER
BY MEMBERS LIEBMAN, COWEN, AND BARTLETT
The General Counsel seeks summary judgment in this
case on the ground that the Respondent has failed to file
an answer to the complaint. Upon a charge and amended
charge filed by the Union on November 13, 2001, and
January 28, 2002, the General Counsel issued the com-
plaint on January 31, 2002, against Atlas Insulation, Inc.,
the Respondent, alleging that it has violated Section
8(a)(1), (3), and (5) of the Act.1 The Respondent failed
to file an answer.
On March 8, 2002, the General Counsel filed a Motion
for Summary Judgment with the Board. On March 11,
2002, the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondent filed no
response. The allegations in the motion are therefore
undisputed.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide that the allegations in the complaint
shall be deemed admitted if an answer is not filed within
14 days from service of the complaint, unless good cause
is shown. In addition, the complaint affirmatively notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Further, the undisputed allegations in the Mo-
tion for Summary Judgment disclose that the Region, by
letter dated February 22, 2002, notified the Respondent
that unless an answer was received by March 4, 2002, a
Motion for Summary Judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation
with its principal office and place of business in Jackson,
Mississippi (the office), has been engaged in the business
of installing industrial insulation. During the 12-month

1 On February 25, 2002, the Acting Regional Director issued an erra-
tum correcting a date in par. 13 of the complaint.
period ending January 31, 2002, a representative period,
the Respondent, in conducting its business operations,
performed services valued in excess of $50,000 in States
other than Mississippi, and purchased and received at its
Jackson, Mississippi office, as well as various jobsites
within Mississippi, goods valued in excess of $50,000
directly from points outside the State of Mississippi. We
find that the Respondent is an employer engaged in
commerce within the meaning of Section 2(2), (6), and
(7) of the Act, and that International Association of Heat
and Frost Insulators & Asbestos Workers, AFL–CIO,
Local 114 is a labor organization within the meaning of
Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Jim Scott and Charles “Junior”
Hallman were the coowners of the Respondent, and have
been supervisors of the Respondent within the meaning of
Section 2(11) of the Act and agents of the Respondent
within the meaning of Section 2(13) of the Act.
On about August 17, 2001, the Respondent, by Jim
Scott at the office on two occasions, promised its em-
ployees benefits if they would withdraw their member-
ship in the Union; solicited its employees to withdraw
their membership in the Union; and solicited its employ-
ees to persuade other employees to withdraw their mem-
bership in the Union.
The Respondent, by Charles “Junior” Hallman at the
office, on about September 1, 2001, informed its em-
ployees that they were assigned to distant jobsites be-
cause of their union activities; and on about September
18, 2001, informed its employees that it was surveying
its employees’ union activities, and that the Respondent
could not trust its employees because they engaged in
union activities.
Since about September 2001, the Respondent has as-
signed its employees who were union supporters to more
onerous working conditions by assigning them to distant
jobsites.
On about September 11, 2001, the Respondent termi-
nated Phillip Jordan, and on about September 18, 2001,
the Respondent terminated Kenny Mixon Jr. and Kimmy
Mixon.
On about October 25, 2001, the Respondent laid off
Albert Dunaway, Ben Hawkins, George Hawkins, Den-
nis McCullough, Robert McDaniel, and Joey Smith. On
about October 31, 2001, the Respondent laid off Steven
McKenzie, Jimmy Price, Adam Thornton, and other
similarly situated employees who names are currently
unknown.
The Respondent terminated and laid off the above em-
ployees, and assigned them to distant jobsites because
the employees joined or assisted the Union and engaged
338 NLRB No. 47
ATLAS INSULATION INCORPORATED 455
in concerted activities, and to discourage employees from
engaging in these activities.
The following employees of the Respondent (the unit),
constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the Act:

All full time and part time insulators and applicators
employed by Atlas Insulation, Incorporated; excluding
all office clerical employees, guards, professional em-
ployees and supervisors as defined in the Act.

On about February 9, 2001, the Respondent, an em-
ployer engaged in the building and construction industry,
entered into a collective-bargaining agreement effective
for the period February 9, 2001 through June 30, 2002,
by which it recognized the Union as the exclusive collec-
tive-bargaining representative of the unit.
Since about February 9, 2001, pursuant to the agree-
ment described above, the Union has been recognized as
the exclusive collective-bargaining representative of the
unit by the Respondent without regard to whether the
majority status of the Union had ever been established
under the provisions of Section 9(a) of the Act.
On September 14, 2001, a representation election was
conducted among the employees in the unit and, on Oc-
tober 31, 2001, the Union was certified as the exclusive
collective-bargaining representative of the unit.
For the period from February 9, 2001 through October
31, 2001, and at all material times on and after October
31, 2001, based on Section 9(a) of the Act, the Union has
been the exclusive collective-bargaining representative of
the unit.
Since about April 2001, the Respondent, contrary to
the requirements of the collective-bargaining agreement,
failed and/or refused to (1) provide the Union with re-
ports listing manpower and man-hours worked; (2) remit
union dues deducted from bargaining unit employee
wages; (3) pay medical benefits; and (4) pay pension
benefits.
Since about July 1, 2001, the Respondent failed and/or
refused to grant pay raises as required by the agreement.
Since about August 2001, on at least seven separate
occasions, the Respondent has failed and refused to use
the Union’s hiring hall to hire employees as required by
the agreement, and has directly hired employees.
Since about September 2001, the Respondent failed
and/or refused to pay wage rates as required by the
agreement.
The subjects set forth above relate to wages, hours, and
other terms and conditions of employment of the unit,
and are mandatory subjects for the purposes of collective
bargaining. The Respondent engaged in the conduct
described above without obtaining the Union’s consent
with respect to this conduct and its effects.
On about August 17, 2001, the Respondent on two
separate occasions, by Jim Scott at the office, bypassed
the Union and dealt directly with unit employees by ne-
gotiating with them regarding their health insurance
benefits and rates of pay.
In about September 2001, the Respondent, by Charles
“Junior” Hallman at the office, bypassed the Union and
dealt directly with its unit employees by negotiating with
them regarding their rates of pay.
Since about September 19, 2001, the Respondent has
withdrawn its recognition of the Union as the exclusive
collective-bargaining representative of the unit, and has
failed and refused to meet and deal with the Union as the
exclusive collective-bargaining representative of the unit
with respect to terms and conditions of employment.
CONCLUSIONS OF LAW
1. The Respondent has interfered with, restrained, and
coerced employees in the exercise of the rights guaran-
teed in Section 7 of the Act, in violation of Section
8(a)(1) of the Act, by promising benefits to employees;
soliciting employees to withdraw their membership in
the Union; soliciting employees to persuade other em-
ployees to withdraw from the Union; informing employ-
ees that they were assigned to distant jobsites because of
their union activities; and telling employees that the Re-
spondent was surveying their union activities and that it
could not trust its employees because they engaged in
union activities.
2. In addition, by assigning employees to distant job-
sites, and terminating and laying them off because they
supported the Union and engaged in concerted activities,
the Respondent has discriminated in regard to the hire or
tenure or terms or conditions of employment of its em-
ployees, thereby discouraging membership in a labor or-
ganization in violation of Section 8(a)(3) and (1) of the
Act.
3. Further, the Respondent has failed and refused to
bargain with the exclusive collective-bargaining represen-
tative of its employees in violation of Section 8(a)(5) and
(1) of the Act by (1) terminating and laying off employ-
ees;2 (2) failing and/or refusing to (a) provide the Union

2 Member Cowen would deny the General Counsel’s Motion for
Summary Judgment insofar as it alleges that these unlawful discharges
and layoffs also violate Sec. 8(a)(5) and (1) of the Act. In Member
Cowen’s view, unlawful discharges and layoffs cannot derivatively be
found to be a bargaining violation. In this regard, Member Cowen
notes that even after bargaining an employer may not discriminate
against employees in violation of Sec. 8(a)(3) of the Act, and a union’s
agreement to such discrimination would itself constitute an independent
violation of the Act.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 456
with reports listing manpower and man-hours worked; (b)
remit union dues deducted from unit employees’ wages;
(c) pay wage rates and medical and pension benefits; (d)
grant pay raises; and (e) use the Union’s hiring hall, all as
required by the collective-bargaining agreement; (3) by-
passing the Union and dealing directly with employees;
and (4) withdrawing recognition of the Union.
The Respondent’s unfair labor practices affect commerce
within the meaning of Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent has violated Section 8(a)(3)
and (1) by assigning unit employees who were union
supporters to more onerous working conditions by as-
signing them to distant jobsites, we shall order the Re-
spondent to rescind the discriminatory work assignments
and reassign the employees to duties and conditions they
had prior to September 2001.
Further, having found that the Respondent has violated
Section 8(a)(3) and (1) by terminating Phillip Jordan,
Kenny Mixon Jr., and Kimmy Mixon, and by laying off
Albert Dunaway, Ben Hawkins, George Hawkins, Dennis
McCullough, Robert McDaniel, Steven McKenzie, Jimmy
Price, Joey Smith, Adam Thornton, and other similarly
situated employees,3 we shall order the Respondent to
offer the discriminatees full reinstatement to their former
jobs, or, if those jobs no longer exist, to substantially
equivalent positions, without prejudice to their seniority or
any other rights or privileges previously enjoyed.
We also shall order the Respondent to make the named
and similarly situated discriminatees whole for any loss
of earnings and other benefits suffered as a result of the
discrimination against them. Backpay shall be computed
in accordance with F. W. Woolworth Co., 90 NLRB 289
(1950), with interest as prescribed in New Horizons for
the Retarded, 283 NLRB 1173 (1987). The Respondent
shall expunge from its files any references to the unlaw-
ful terminations and layoffs, and notify the named and
similarly situated discriminatees in writing that this has
been done and that the terminations and layoffs will not
be used against them in any way.
In addition, having found that the Respondent has
failed and refused to comply with the terms of the par-
ties’ February 9, 2001 through June 30, 2002 collective-
bargaining agreement, we shall order the Respondent to
(1) provide the Union with reports listing manpower and

3 The identity of these individuals shall be ascertained at the compli-
ance stage of this proceeding.
man-hours worked; (2) remit to the Union dues deducted
from bargaining unit employees’ wages, with interest as
prescribed in New Horizons for the Retarded, supra; (3)
pay the delinquent medical and pension benefits that
have not been paid since April 2001;4 (4) reimburse unit
employees for any expenses ensuing from its failure to
make the required medical and pension benefit payments,
as set forth in Kraft Plumbing & Heating, 252 NLRB
891 fn. 2 (1980), enfd. 661 F.2d 940 (9th Cir. 1981),
such amounts to be computed in the manner set forth in
Ogle Protection Service, 183 NLRB 682 (1970), enfd.
444 F.2d 502 (6th Cir. 1971), with interest as prescribed
in New Horizons for the Retarded, supra;5 (5) grant pay
raises and pay the wage rates required by the collective-
bargaining agreement, pursuant to Ogle Protection Ser-
vice, supra, with interest as prescribed in New Horizons
for the Retarded, supra; and (6) use the Union’s hiring
hall to hire employees.
In order to remedy the Respondent’s unlawful failure
to comply with the contractual hiring hall provisions, we
shall order the Respondent, pursuant to J. E. Brown Elec-
tric, 315 NLRB 620 (1994), to offer immediate and full
employment to those applicants who would have been
referred to the Respondent by the Union were it not for
the Respondent’s unlawful conduct, and to make them
whole for any losses suffered by reason of the Respon-
dent’s failure to hire them. Reinstatement and backpay
issues will be resolved by a factual inquiry at the compli-
ance stage of the proceeding. Id. Backpay shall be com-
puted in accordance with F. W. Woolworth Co., supra,
plus interest as prescribed in New Horizons for the Re-
tarded, supra.
Finally, having found that the Respondent has violated
Section 8(a)(5) and (1) by withdrawing recognition from
the Union, we shall order the Respondent to recognize
the Union and bargain with it in good faith as the exclu-
sive collective-bargaining representative of the unit em-
ployees, and, if an understanding is reached, to embody
the understanding in a signed agreement.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by the law, we shall construe the initial period of the cer-
tification as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
4 Including any additional amounts applicable to such delinquent
payments as determined pursuant to Merryweather Optical Co., 240
NLRB 1213, 1216 fn. 7 (1979).
5 To the extent that an employee has made personal contributions to
a fund that are accepted by the fund in lieu of the employer’s delin-
quent contributions during the period of the delinquency, the respon-
dent will reimburse the employee, but the amount of such reimburse-
ment will constitute a setoff to the amount that the respondent other-
wise owes the fund.
ATLAS INSULATION INCORPORATED 457
Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Atlas Insulation, Incorporated, Jackson,
Mississippi, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively with In-
ternational Association of Heat and Frost Insulators &
Asbestos Workers, AFL–CIO, Local 114 as the exclusive
collective-bargaining representative of the employees in
the following unit:

All full time and part time insulators and applicators
employed by Atlas Insulation, Incorporated; excluding
all office clerical employees, guards, professional em-
ployees and supervisors as defined in the Act.

(b) Withdrawing its recognition of the Union as the
exclusive collective-bargaining representative of the unit
employees.
(c) Bypassing the Union and dealing directly with unit
employees by negotiating with them regarding their
health insurance benefits and rates of pay.
(d) Promising employees benefits if they withdraw
their membership in the Union.
(e) Soliciting employees to withdraw their membership
in the Union.
(f) Soliciting employees to persuade other employees
to withdraw their membership in the Union.
(g) Informing employees that they were assigned to
distant jobsites because of their union activities.
(h) Informing employees that it was surveying its em-
ployees’ union activities.
(i) Telling employees that it could not trust its employ-
ees because they engaged in union activities.
(j) Assigning employees more onerous working condi-
tions by assigning them to distant jobsites because they
are union supporters.
(k) Terminating or laying off employees because they
engage in union and concerted activities.
(l) Failing and refusing to provide the Union with re-
ports listing manpower and man-hours worked, as re-
quired by the February 9, 2001 through June 30, 2002
collective-bargaining agreement between the Respondent
and the Union.
(m) Failing and refusing to remit union dues deducted
from unit employees’ wages, as required by the agreement.
(n) Failing and refusing to pay medical and pension
benefits, as required by the agreement.
(o) Failing and refusing to grant pay raises and pay
wage rates, as required by the agreement.
(p) Failing and refusing to use the Union’s hiring hall
to hire employees, as required by the agreement.
(q) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, meet and bargain with the Union as the
exclusive collective-bargaining representative of the unit
employees concerning terms and conditions of employ-
ment and, if an understanding is reached, embody the
understanding in a signed agreement.
(b) Reassign all employees who were assigned more
onerous working conditions by being assigned to distant
jobsites to the duties and conditions they had prior to
September 2001.
(c) Within 14 days from the date of this Order, offer
Albert Dunaway, Ben Hawkins, George Hawkins, Phillip
Jordan, Dennis McCullough, Robert McDaniel, Kenny
Mixon Jr., Kimmy Mixon, and Joey Smith, full rein-
statement to their former jobs or, if those jobs no longer
exist, to substantially equivalent positions, without
prejudice to their seniority or other rights and privileges
previously enjoyed.
(d) Within 14 days from the date of this Order, offer
Steve McKenzie, Jimmy Price, Adam Thornton, and all
other similarly situated employees laid off on October
31, 2001, full reinstatement to their former jobs or, if
those jobs no longer exist, to substantially equivalent
positions, without prejudice to their seniority or other
rights and privileges previously enjoyed.
(e) Make whole Albert Dunaway, Ben Hawkins,
George Hawkins, Phillip Jordan, Dennis McCullough,
Robert McDaniel, Steve McKenzie, Kenny Mixon Jr.,
Kimmy Mixon, Jimmy Price, Joey Smith, Adam Thorn-
ton, and the similarly situated employees, for any loss of
earnings and other benefits suffered as a result of their
unlawful terminations and layoffs, with interest, in the
manner set forth in the remedy section of this decision.
(f) Within 14 days from the date of this Order, remove
from its files any reference to the unlawful terminations
of Phillip Jordan, Kenny Mixon Jr., and Kimmy Mixon,
and the unlawful layoffs of Albert Dunaway, Ben Haw-
kins, George Hawkins, Dennis McCullough, Robert
McDaniel, Steve McKenzie, Jimmy Price, Joey Smith,
Adam Thornton, and the similarly situated employees,
and within 3 days thereafter, notify them in writing that
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 458
this has been done and that these discriminatory actions
will not be used against them in any way.
(g) Provide the Union with the reports listing manpower
and man-hours worked, as required by the agreement.
(h) Remit to the Union, with interest, the dues de-
ducted from unit employees’ wages, as required by the
agreement.
(i) Pay the delinquent medical and pension benefits,
with interest, that have not been paid since April 2001,
and reimburse unit employees for any expenses ensuing
from its failure to make the payments, with interest, as
set forth in the remedy section of this decision.
(j) Grant pay raises and pay wage rates to the unit em-
ployees, as required by the agreement, and make the unit
employees whole, with interest, for any losses suffered as
a result of the Respondent’s unlawful conduct.
(k) Use the Union’s hiring hall to hire employees for
vacancies, as required by the agreement.
(l) Offer immediate and full employment to those ap-
plicants who would have been referred to the Respondent
by the Union as provided in the agreement were it not for
the Respondent’s unlawful conduct, and make them
whole for any loss of earnings and other benefits suffered
by reason of the Respondent’s failure to hire them, with
interest, in the manner set forth in the remedy section of
this decision.
(m) Preserve and, within 14 days of a request, or such
additional time as the Regional Director may allow for
good cause shown, provide at a reasonable place desig-
nated by the Board or its agents, all payroll records, so-
cial security payment records, timecards, personnel re-
cords and reports, and all other records including an elec-
tronic copy of such records if stored in electronic form,
necessary to analyze the amount of backpay due under
the terms of this Order.
(n) Within 14 days after service by the Region, post at
its facility in Jackson, Mississippi, copies of the attached
notice marked “Appendix.”6 Copies of the notice, on
forms provided by the Regional Director for Region 15,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-

6 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since April 2001.
(o) Within 21 days after service by the Region, file with
the Regional Director a sworn certification of a responsi-
ble official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.

APPENDIX

NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board had found that we vio-
lated Federal labor law and has ordered us to post and obey
this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT fail and refuse to bargain collectively
with International Association of Heat and Frost Insula-
tors & Asbestos Workers, AFL–CIO, Local 114 as the
exclusive collective-bargaining representative of the em-
ployees in the following unit:

All full time and part time insulators and applicators
employed by us; excluding all office clerical employ-
ees, guards, professional employees and supervisors as
defined in the Act.

WE WILL NOT withdraw our recognition of the Union as
the exclusive collective-bargaining representative of the
unit employees.
WE WILL NOT bypass the Union and deal directly with
unit employees by negotiating with them regarding their
health insurance benefits and rates of pay.
WE WILL NOT promise employees benefits if they with-
draw their membership in the Union.
WE WILL NOT solicit employees to withdraw their
membership in the Union.
WE WILL NOT solicit employees to persuade other em-
ployees to withdraw their membership in the Union.
WE WILL NOT inform employees they were assigned to
distant jobsite because of their union activities.
ATLAS INSULATION INCORPORATED 459
WE WILL NOT inform employees that we are surveying
their union activities.
WE WILL NOT tell employees that we cannot trust our
employees because they engaged in union activities.
WE WILL NOT assign employees more onerous working
conditions by assigning them to distant jobsites because
they are union supporters.
WE WILL NOT terminate or lay off employees because
they engage in union and concerted activities.
WE WILL NOT fail and refuse to provide the Union with
reports listing manpower and man-hours worked, as re-
quired by the February 9, 2001 through June 30, 2002 col-
lective-bargaining agreement between us and the Union.
WE WILL NOT fail and refuse to remit union dues de-
ducted from unit employees’ wages, as required by the
agreement.
WE WILL NOT fail and refuse to pay medical and pen-
sion benefits as required by the agreement.
WE WILL NOT fail and refuse to grant pay raises and
pay employee wage rates as required by the agreement.
WE WILL NOT fail and refuse to use the Union’s hiring
hall to hire employees, as required by the agreement.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL, on request meet and bargain with the Union
as the exclusive collective-bargaining representative of
the unit employees concerning their terms and conditions
of employment and, if an understanding is reached, em-
body the understanding in a signed agreement.
WE WILL reassign all employees who were assigned
more onerous working conditions by being assigned to
distant jobsites to the duties and conditions they had
prior to September 2001.
WE WILL, within 14 days from the date of the Board’s
Order, offer Albert Dunaway, Ben Hawkins, George
Hawkins, Phillip Jordan, Dennis McCullough, Robert
McDaniel, Kenny Mixon Jr., Kimmy Mixon, and Joey
Smith full reinstatement to their former jobs or, if those
jobs no longer exist, to substantially equivalent positions,
without prejudice to their seniority or other rights and
privileges previously enjoyed.
WE WILL, within 14 days from the date of the Board’s
Order, offer Steve McKenzie, Jimmy Price, Adam
Thornton, and all other similarly situated employees laid
off on October 31, 2001, full reinstatement to their for-
mer jobs or, if those jobs no longer exist, to substantially
equivalent positions, without prejudice to their seniority
or other rights and privileges previously enjoyed.
WE WILL make whole, with interest, Albert Dunaway,
Ben Hawkins, George Hawkins, Phillip Jordan, Dennis
McCullough, Robert McDaniel, Steve McKenzie, Kenny
Mixon Jr., Kimmy Mixon, Jimmy Price, Joey Smith,
Adam Thornton, and the similarly situated employees,
for any loss of earnings and other benefits suffered as a
result of their unlawful terminations and layoffs.
WE WILL, within 14 days from the date of this Order,
remove from our files any reference to the unlawful ter-
minations of Phillip Jordan, Kenny Mixon Jr., and
Kimmy Mixon, and the unlawful layoffs of Albert
Dunaway, Ben Hawkins, George Hawkins, Dennis
McCullough, Robert McDaniel, Steve McKenzie, Jimmy
Price, Joey Smith, Adam Thornton, and the similarly
situated employees, and WE WILL, within 3 days thereaf-
ter, notify them in writing that this has been done and
that these discriminatory actions will not be used against
them in any way.
WE WILL provide the Union with the reports listing
manpower and man-hours worked, as required by the
agreement.
WE WILL remit to the Union, with interest, the dues de-
ducted from unit employees’ wages as required by the
agreement.
WE WILL pay the delinquent medical and pension bene-
fits, with interest, that have not been paid since April
2001, and WE WILL reimburse unit employees for any
expenses ensuing from our failure to make the payments,
with interest.
WE WILL grant pay raises and pay wage rates to the unit
employees, as required by the agreement, and WE WILL
make unit employees whole, with interest, for any losses
suffered as a result of our failure to grant those pay raises
and to pay employees the contractual wage rates.
WE WILL use the Union’s hiring hall to hire employees
for vacancies, as required by the agreement.
WE WILL offer immediate and full employment to those
applicants who would have been referred to us by the
Union were it not for our unlawful conduct, and WE WILL
make them whole for any loss of earnings and other
benefits suffered by reason of our failure to hire them,
with interest.

ATLAS INSULATION, INC.