Barkman Contracting, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1985

276 N.L.R.B. 1062 (N.L.R.B. 1985)

1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Barkman Contracting , Inc. and International Union
of Operating - Engineers, -Local No. 324, AFL-
CIO and Laborers' -International Union of
.North America, State of Michigan Laborers'
District Council . Cases 7-CA-20856 and 7-
CA-20893
.
30 September 1985
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS AND BABSON
,On 3 May- 1985 Administrative Law Judge
Thomas D. Johnston issued the attached supple-
mental decision. The Respondent filed exceptions.
and a supporting brief; the General Counsel and
Operating Engineers -filed cross-exceptions, sup-
porting briefs, and answering briefs. ? .
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has considered the supplemental deci-
sion and the record in light of the exceptions and
briefs and has decided to affirm the judge' s rulings,
findings,2 and conclusions3 and to adopt the rec-
ommended Order as modified.4
i The General Counsel also filed a motion to strike the Respondent's
exceptions The General Counsel contends that the exceptions are insuffi-
cient to comply with -Sec 102 46(b) and (c) of the Board's Rules and
Regulations in that the Respondent did not explicate any alleged errors
made by the judge nor assert any grounds on which his findings should
be reversed Although the Respondent 's exceptions do not conform in all
respects with the pertinent sections of the Board's'Rules and Regulations,
they are not so deficient as to warrant sinking them Accordingly, the
General Counsel' s motion is denied Serendippity-Un-Ltd, 263 NLRB 768
(1982)
P The Respondent has excepted to-some of the judge 's credibility find-
ings The Board's established policy is not to overrule an administrative
law judge's credibility resolutions unless the clear preponderance of all
the relevant evidence convinces us that they are incorrect Standard Dry
Wall Products, 91 NLRB 544 (1950), enfd 188 F 2d 362 (3d Cir 1951)
We have carefully examined the record and find no basis for reversing
the findings
In sec A of his decision , the judge stated that employee C Burnash is
a member of the Operating Engineers whereas the record shows that C
Burnash is a member of the Laborers In the same section of his decision,
the judge stated that the Respondent had admitted to owing employee
John McKay and the fringe benefit funds for 50 5 overtime hours which
McKay had worked in. the fourth quarter of -1982 The record shows the
Respondent admitted to owing McKay and the funds for 12.5 overtime
hours in the fourth quarter of 1982
8 We agree with the judge that no backpay should be awarded em-
ployees Ferman and Dailey for the second quarter of 1982 We note that
the backpay specification did not claim any backpay for these two em-
ployees for this quarter, and the General Counsel did not amend the
specification in this respect While the General Counsel at the hearing
moved that the pleadings be amended to conform to the proof, we find
this general , nonspecific motion insufficient to effect an amendment to
the specification with respect to second quarter backpay claims for these
two employees Moreover , we find this matter was not fully litigated at
the hearing Accordingly, we agree with the judge that no backpay
should be awarded employees Firman and Dailey for the second quarter
of 1982 See Carter-Jones Lumber Co., 198 NLRB 1036 (1972)
4 The judge 's recommended Order provided, inter alia, that the Re-
spondent contribute into the appropriate fringe benefit funds the amounts
The judge found the Respondent was 'obligated
to 'reimburse employee Lloyd Dailey and -the bene-
fit funds for a total of 50 hours' overtime which
Dailey had worked in 1-hour increments in the
third and fourth quarters of'-l982. The judge, how-
ever, found the Respondent 'was not obligated to
reimburse Dailey for 3 other hours of overtime
which Dailey had worked in one-half hour incre-
ments in the pertinent quarters. In denying an
award for these one-half hour increments of over-
time, the judge noted that the Respondent had a
policy of shortchanging employees for overtime by
requiring them to work 9 hours for 8 hours' pay,
but that this policy made no mention of periods of
overtime of less -than 1 hour. The judge thus decid-
ed- that he would not award Dailey - or any other
claimants backpay for overtime worked in less than
1-hour increments unless the backpay specification
had included such periods in its computations and
the Respondent specifically had admitted to these
computations in its pleadings.
The General Counsel and the Operating Engi-
neers have excepted to this finding, and we find
merit in these exceptions. We note the Board's
order in the underlying unfair-labor practice pro-
ceeding required the Respondent to make whole
employees for any losses caused by the Respond-
ent's unlawful conduct. We also note that the Re-
spondent in its answer in the present proceeding
admitted to owing certain employees for one-half
hour periods of overtime. Clearly, the Respond-
ent's unlawful conduct of shortchanging employees
for overtime worked involved, at least in certain
instances , shortchanging for overtime worked in
one-half hour increments. Since the judge found
Dailey to have worked one-half hour periods of
overtime on 16 and 23 July 1982, 16 and 24 Sep-
tember 1982, and 11 and 27 October 1982, and the
Respondent has not established that it has compen-
sated Dailey and contributed to the benefit funds
for this work, we shall require the Respondent to
do so. This result is necessary for the Respondent
to fully -comply with the Board's make-whole
found to be owed on behalf of each claimant plus interest computed in
the manner described in Florida Steel Corp, 231 NLRB 651 (1977) Oper-
ating Engineers has excepted to the judge 's refusal to grant its request for
a broader order requiring the Respondent to make whole employees and
the funds for certain other losses such as medical expenses and liquidated
damages We agree that the judge properly denied the Operating Engi-
neers' request We do so on the basis that the Board 's earlier make-whole
remedy given in this case is sufficient to cover any losses actually in-
cuffed as a result of the Respondent's unlawful conduct We note that
the backpay specification did not allege any losses such as medical ex-
penses or liquidated damages and no evidence of any such losses was pre-
sented at the hearing In these circumstances , we deny the Union's re-
quest for a remedy to cover unalleged and unproven losses
With regard to the amounts due the fringe benefit funds , we substitute
the citation to Merryweather Optical Co., 240 NLRB 1213 (1979), for that
of Florida Steel Corp, 231 NLRB 651 (1977), cited by the judge
276 NLRB No. 112
BARKMAN CONTRACTING 1063
order. We shall modify the judge's recommended
Order accordingly.
the briefs filed by the General Counsel, Respondent, and
the Operating Engineers,2 I make the following3
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge as modified below and orders that the Re-
spondent, Barkman Contracting, Inc., Flint, Michi-
gan, its officers, agents, successors, and assigns,
shall take the action set forth in the Order as modi-
fied.
Substitute the following for the line pertaining to
claimant Lloyd Dailey: -
"Lloyd Dailey $1012.30 $343.58 $1355.88"
Richard P. Connolly, Esq, for the General Counsel.
James C. Dillard, Esq. (Neithercut, Klapp, Shegos & Dil-
lard), of Flint, Michigan, for the Respondent.
Frederick B. Gold, for the Union.
SUPPLEMENTAL DECISION
STATEMENT OF THE CASE
THOMAS D. JOHNSTON, Administrative Law Judge.
This case was heard at Burton, Michigan, on 11 October
1984 and 15 through 17 January 1985. It was based on a
second amended backpay specification issued on 24 Sep-
tember 1984 which was amended in writing by a motion
dated 28 December 1984 which was granted. It was also
further amended orally at the hearing held for purposes
of resolving a, controversy over the amounts of backpay
due various claimants and for contributions owed to
fringe benefit funds on their behalf under the terms of
the Board's decision in Barkman Contracting on 15 No-
vember 1983 (unpublished) based on a consent order and
which decision was enforced by a consent judgment of
the United States Court of Appeals for the Sixth Circuit
in No. 83-5913 issued on 7 December 1983.
The Respondent in its answer dated 4 October 1984,
and three addenda to its answers (the first of which was
received by Region 7 on- 5 November 1984, and the
other two dated 1 and 17 January 1985 and as further
amended orally at the hearing)- admits the backpay in
whole or in part due to some of the claimants and for
contributions to the fringe benefit funds on their behalf.
The Respondent denies in whole or in part the amounts
of backpay allegedly due other claimants and for contri-
butions to the fringe benefit and sets forth the amounts
of backpay and contributions it contends it owes.
The only issue involved for figuring the amounts of
backpay and contributions owed by the Respondent is
determining the number of overtime hours each of the
claimants worked during the backpay period for which
they were not paid. _
On the entire record' in this'case and from my obser-
vations of `the witnesses and after due consideration of
i The ,joint motions of the parties dated 20 March 1985 to correct the
transcript and to reopen the record and receive into evidence it. Exh 34
are granted and it Exh . 34 is received into evidence
FINDINGS OF FACT
The consent order. provides in pertinent part that the
Respondent from on or about 27 May 19824 and continu-
ing through December failed to pay certain employees
and make fringe benefit fund contributions for all hours
actually worked .in, excess of 8 hours pursuant to provi-
sions of its collective-bargaining agreements with the
International Union of Operating Engineers, Local No.
324, AFL-CIO (Operating Engineers) and Laborers'
International Union of North America, State of Michigan
Laborers' District Council (Laborers) which represented
its employees.
The Respondent required its laborers and operating
engineers to work 9,hours for 8 hours' pay which violat-
ed the terms of the collective-bargaining agreements
with the Operating Engineers and Laborers covering the
employees. This policy was effective from about 27 May
through December.5 _
The letter from Respondent's president Barkman to
the foremen and employees dated 27 May announcing.
the institution of this policy directed that they would
work all jobs 9 hours per day but would only turn in 8
hours to their foremen.
The amount of backpay due the claimants in the
amount of earnings they have received for working the
extra overtime during the backpay period for which they
worked and were not paid. The contributions owed to
the fringe benefit funds on behalf of the claimants is
based on the number of overtime hours the claimants
worked for which they were not paid multiplied by the
rates for the various fringe benefit funds.
The amounts of backpay owed to the claimants and
the amounts of contributions owed to the fringe benefit
funds on their behalf as set forth in the specification was
computed, as explained by the Board's supervisory com-,
pliance officer Harris Berman , from information obtained .
from the claimants and the Respondent to establish the _
number of overtime hours each of the claimants worked
for which they were not *paid. This information included
records the claimants kept of the hours they worked,
timecards in the Respondent's possession which were
also used by the claimants to refresh their recollection of
the hours they worked, and questionaires sent to the
claimants by the Board and the Operating Engineers.
The Respondent does not dispute the computations con-
tained in the 'specification except to the extent they in-
clude overtime hours which the Respondent contends
the claimants did not work. While the Respondent con-
tends the timecards are the most accurate records of the
2 The Laborers did not file a brief
s Unless otherwise indicated , the findings are based on the pleadings,
admissions, stipulations , and undisputed evidence contained in the record
which I credit
' All dates and quarters of the calendar year referred to are in 1982
unless otherwise stated.
5 While Respondent 's president James Barkman stated he instructed
the foremen to discontinue the policy in November , the foremen did not
testify they did so and the evidence as well as the Board 's decision estab-
lishes the policy continued through December
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hours worked by the claimants, the evidence as discussed
infra reflects the timecards contain various alterations to
conform to the Respondent's policy of requiring employ-
ees to work an extra overtime hour without pay.
Each of the claimants, including the overtime hours
they worked for which they were not paid and for
which contributions were not made to the fringe benefit
funds, are discussed below.
William Firman, who is a' member of the Operating
Engineers, was employed by the Respondent from 1978
through 1983. During 1982 he worked on various job-
sites. His base pay rate during the third quarter was
$12 56 an hour and his overtime rate was $18.84 an hour.
The=contribution rates per hour for the fringe benefit
funds for the third quarter were $1.50 for insurance, $2
for pension, 10 cents for retirees benefit, 13 percent
(based on backpay) for vacation, and 10 cents for ap-
prentice. For the fourth quarter Firman's base pay rate
was $13.42 an hour, the overtime rate was $20.13 an
hour, and the, contribution rates per hour to the fringe
benefit funds were $1.80 for insurance, $2 for pension, 10
cents for retirees benefit, 13 percent (based on backpay)
for vacation, and 10 cents 'for apprentice.
On 28 May Firman,' at the request of his foreman, Paul
Jackson, signed the agreement to -give the Respondent ,9
hours' work for 8 hours' pay.
The specification alleges Firman during the third quar-
ter was not paid for 47 overtime hours he worked and
was not paid for 49 overtime hours he worked during
the fourth quarter and contributions were not made to
the fringe benefit funds for those hours. The Respondent
in its answer admits owing Firman for 42 overtime hours
for the third quarter and for 40.5 overtime hours for the
fourth quarter and owing appropriate amounts' to the
fringe benefit funds for those hours
Firman maintained a daily log of the hours he worked
for the Respondent. After he began working the extra
hour for which he was not paid,6 he listed for each
workday the total number of hours he actually worked
that day which he circled and also listed the number of
hours which he put on his timecards he prepared show-
ing he worked an hour less. Except for three timecards
prepared by Firman in June, the other timecards for
Firman in Respondent's possession were not prepared by
him or- authenticated. While Foreman James Weise some-
times prepared timecards for Firman, those timecards
were hot identified.
Firman's daily -log and his testimony reflect he was
shorted 1 overtime hour for each of the following days
in the third quarter: 1-9, 12-16, 19-23, 26, and 28-30
July; 2-5, 9-13, 16-20,-23-26, and 30-31 August; and 7-
10, and 27-30 September for a total of 47 hours. One
overtime hour was also shorted for each of the following
days in the fourth quarter; 1-8, 11-15, 18-20, and 25-29
October; 1-3, 9-12, 15, 18-19, and 29-30 November; and
1, 2, and 6-8 December for a total of 36 hours.
Thus I find for the third quarter William Firman is
owed backpay in the amount of $885.48. The fringe ben-
efit funds owed on Firman's behalf for that quarter are
6 While this practice started on 22 June for F irman , the specification
made no claim for the second quarter
$70.50 for insurance; $94 for pension; $4.70 for retirees
benefit; $125 11 for vacation; and $4.70 for apprentice for
a total of $299.01.
For the fourth quarter William Firman is owed back-
pay in the amount of $724.08. The fringe benefit funds
on Firman's behalf are owed $64.80 for insurance; $72
for pension; $3 60 for retirees benefit; $94.13 for- vaca-
tion; and $3.60 for apprentice for a total of $238.13.
The total backpay owed William Firman is $1609.56
and the total owed to the fringe benefit funds for Wil-
liam Firman is $537.14 for a combined total of $2146:70.
P. L. Delaney, who is a member of the Operating En-
gineers, was employed by the Respondent in 1982. He
signed an agreement dated 28'May to give the Respond-
ent 9 hours' work for 8 hours' pay
The pleadings establish and- I find Delaney worked 57
overtime hours at the rate of $19.10 an hour in the third
quarter and 15 overtime hours at the same rate in the
fourth quarter for which he was not paid. The backpay
owed to Delaney for the third quarter is $1088.70 and
for the fourth quarter is $286.50. Contributions owed to
the fringe benefit funds on behalf of Delaney for the
third quarter are $102.60 for insurance; $114 for pension;
$5.70 for retirees benefit; $141.53 for vacation; and $5.70
for apprentice for a total of $369.53 Contributions owed
to those 'funds for the'fourth quarter are $27 for insur-
ance; $30 for pension; $1.50 for retirees benefit; $37.25
for vacation; and $1.50 for apprentice for a total of
$97.25.
The total backpay owed P.-L."Delaney is $1375.20 and
the total owed to the fringe benefit funds for P. L. -De-
laney is $466.78 for a combined total of $1841.98.
R. L: Lawrence, who is a member of the Operating En-
gineers, was employed by the Respondent in 1982.
The pleadings establish and I find Lawrence worked 7
overtime hours at the rate of $19.10 an hour in the third
quarter and 6 overtime hours at the same rate in the
fourth quarter for which he was not paid. The backpay
owed to Lawrence for the_ third quarter is $133.70 and
for the fourth quarter is $114.60. Contributions owed to"
fringe benefit funds on behalf of Lawrence for the third
quarter are $12.60 for insurance; $14 for pension; 70
cents for retirees benefit; $17.38 for vacation; and 70
cents for apprentice for a total of $45.38. Contributions
owed to those funds for the fourth' quarter are $10.80 for
insurance; $12 for pension; 60 cents for retirees benefit;
$14.90 for vacation; and 60 cents for apprentice for a
total of $38.90.
The total backpay owed R. L. Lawrence is $248.30
and the total owed to the fringe benefit funds for R. L.
Lawrence is $84.28 for a combined total of $332.58. '
E. Bolanowski, who is a member of the Operating En-
gineers, was employed by the Respondent in 1982. He
signed an agreement dated 28 May to give the Respond-
ent 9 hours' work for 8 hours' pay.
The pleadings establish and I find Bolanowski worked
18 overtime hours at the rate of $19.10 an hour in the
third quarter for which he was not paid. The backpay
owed to Bolanowski for the third quarter is $343.80.
Contributions owed to the fringe benefit funds for the
third quarter for Bolanowski are $32.40 for insurance;
BARKMAN CONTRACTING
$36 for pension; $1.80 for retirees benefit; $44.94 for va-
cation; and $1.80 for apprentice for a total of $116.94.
The total backpay owed to E. Bolanowski is $343 80
and the total owed to the fringe benefit funds for E. Bo-
lanowski is $116.94 for a combined total of $460.74.
D. Mitchell, who is a member of the Operating Engi-
neers, was employed by the Respondent in 1982.•
The 'pleadings establish and I find Mitchell worked 39
overtime hours at the rate of $19.10 an hour in the third
quarter for which he was not paid. The backpay owed to
Mitchell for the third quarter is $744 90. Contributions-
owed to the fringe benefit funds for Mitchell for the
third quarters are $70 20 for insurance; $78 for pension;
$3.90 for retirees benefit; -$96.84 for vacation, and $3.90
for apprentice for a total of $252.84.
The total backpay owed to D. Mitchell is $744.90 and
the total owed to the fringe benefit funds for D. Mitchell
is $252.84 for a combined total of $997.74.
Lloyd Dailey, who is a member of the Operating Engi-
neers, was employed by the Respondent from 1978 until
October 1982 and worked on various jobsites. His base
rate of pay for the third and fourth quarters was $12.73
an hour and his overtime rate was $19.10 an hour The
contribution rates per hour for the fringe benefit funds
for the third and fourth quarters were $1.80 for insur-
ance; $2 for pension; 10 cents for retirees' benefit; 13 per-
cent (based on backpay) for vacation; and 10 cents for
apprentice.
On 4 June Foreman James Weise asked Dailey to sign
an agreement to give the Respondent 9 hours' work for
8 hours' pay. Although Dailey initially refused to agree
to work 9 hours' work for 8 hours' pay he later did so
after Respondent's superintendent McKay informed him
if he did not do so he would not be entitled to any over-
time work.
The specification alleges Dailey worked , 48 overtime,
hours during the third quarter and' 17 overtime hours
during the fourth quarter for which he was not paid and
that contributions were also not made to the fringe bene-
fit funds for those hours. The Respondent in its answer
admits owing Dailey for 31 overtime hours for the third
quarter and owing appropriate amounts to the fringe
benefit funds for those hours for the third quarter but it
denies owing Dailey for any overtime hours for the
fourth quarter. _
Dailey maintained a daily log in which he listed his,
starting and quitting times . During the period beginning
I1 June until 27 October which is the period Dailey
claimed be was required to work an hour of overtime
without pay he also listed in the log if he worked an
hour overtime or a half hour overtime for which he was
not paid along with. the total hours, worked less the
hours not claimed.
While Dailey also filled out timecards which he gave
to the foreman at the end of each week he denied with
three exceptions the timecards in Respondent' s posses-
sion were his cards and the Respondent did not establish
who filled out the cards. The three exceptions were
timecards ,for _ the weeks ending 11 and 19 June which
Dailey,signed but did not fill out and a timecard for the
week ending 28 May.
1065
Dailey's daily log reflects he was shorted an hour of
overtime for each of the following days in the third
quarter:' 1, 46-9, 12-15, 19-22, 26, and 28-30 July; 2-7,
9-13, 16-20, and 23-26 August; and 7-10, 14-13, 20-21,
23, and 28-29 September for a total of 48 hours. One
hour of overtime was also shorted for each of the fol-
lowing days in the fourth quarter: 13'and 25 October for
a total of 2 hours. -
While the log also reflects Dailey was shorted a half
hour each on 16 and 23 July, 16 and 24 September, and
11 and 27 October inasmuch as the policy which re-
quired employees to give the Respondent 9 hours' work
for 8 hours' pay made no mention of periods worked less
than an hour no backpay pay will be found pertaining to
periods of less than 1 hour for Dailey as well as the
other claimants who may have worked overtime periods
of less than 1 hour except where the computations in the
specification include such periods and those computa-
tions are specifically admitted in the pleadings.
Based on the hours shorted, I find for the third quarter
Lloyd Dailey is owed backpay in the amount of $916.80.
The fringe benefit ,funds are owed in Dailey's behalf for
that quarter $86.40 for insurance; $96 for pension; $4.80
for retirees benefit; $119.18 for vacation; and $4.80 for
apprentice for a total of $311.18 For the fourth quarter
Dailey is owed backpay in the amount of $38.20 The
fringe benefit funds on Dailey's behalf for the fourth
quarter are owed $3.60,for insurance; $4 for pension; 20
cents for retirees benefit; $4.96 for vacation; and 20 cents
for apprentice for a total of $12.96.
The total backpay owed Lloyd Dailey is $955 and the
total owed to the fringe benefit funds for Lloyd Dailey is
$324 14 for a combined total of $1279.14.
D. Campbell, who is a member of the Operating Engi-
neers, was employed by the Respondent in 1982. He
signed an agreement dated 28 May to,give the Respond-
ent 9 hours' work for 8 hours' pay:
The pleadings establish and I find Campbell worked 20
overtime hours at the rate of $19.10 an hour in the
second quarter and 60 overtime hours at the same rate in
the third quarter for which he was not paid The back-
pay owed to Campbell for the second quarter is $382 and
for the third quarter is $1146 Contributions owed to the
fringe benefit. funds on behalf of Campbell for the second
quarter are $36 for insurance; $40 for pension; .$2 for re-
tirees benefit; $49.66 for vacation; and $2 for apprentice
for a total of $129.66. Contributions owed those funds
for the third quarter. are $108 for insurance; $120 for
pension; $6 'for retirees benefit; $148.98 for vacation; and-
$6 for apprentice for a total of $388.98.
The total backpay owed D. Campbell is $1528 and the
total owed to the fringe benefit funds for D. Campbell is
$518 64 for a combined total of $2046.64.
Harry Osontoski, who is a member of the Operating
Engineers, was employed by the Respondent from 1977
or 1978 through 1982 on various jobsites. His base pay
rate for the second and third quarters was $12.73 an hour
and his overtime rate was $19.10 an hour. The contribu-
7 While this practice started on 11 June for Dailey the specification
made no claim for the second quarter
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion rates per hour for the fringe benefit funds during
those quarters were $1.80 for insurance; $2 for pension;
10 cents for retirees benefit; 13 percent (based on back-
pay) for vacation; and 10 cents for apprentice."
Osontoski, at the request of his foreman, Paul Jackson,
signed an agreement dated 28 May to give the Respond-
ent 9 hours' work for 8 hours' pay.
The specification alleges Osontoski, during the second
quarter, was not paid for 20 overtime hours he worked
and for the third quarter he was not paid for 67 hours he
worked and contributions were not made to the fringe
benefit funds for those hours. The Respondent in its
answer denies owing Osontoski any overtime hours for
the second quarter or contributions to the fringe benefit
funds for that quarter but admits owing Osontoski- for 53
overtime hours for the third quarter and appropriate
amounts to the fringe benefit funds for those hours.
Osontoski did not keep any records of his-own show-
ing the hours he worked. Although he filled out time-
cards with the actual starting and quitting time he
worked, he gave the cards to Foreman Jackson who de-
stroyed those cards and prepared timecards for Oson-
toski taking an hour off the actual time worked. The be-
ginning timecards for the week ending 16 July show an
hour less in the number of hours between the starting
and quitting times'and the total number of hours listed.
Osontoski, beginning the first part, of June up to Octo-
ber was shorted an hour each day he worked overtime.
A review of Osontoski's timecards in Respondent's
possession and Osontoski's undisputed testimony which I
credit reflect he was shorted 1 overtime hour for each of
the following days in the second quarter: 2-4, 7-11, 14,
16-17, 22-25, and 28-30 June fora total of 18 hours. One
overtime hour was also shorted for each of the following
days in the third quarter: 1-2, 6-9, 12-16, 19-23, 26, and
28-30 ' July; 2-7, 9-11, '13, 18-20, 23-27, and 30-31
August; and 1-3, 7-10, 13-17, 20-24, and 28-30 Septem-
ber for a total of 60 hours.
Based on this evidence I- find for the second quarter
Harry Osontoski is owed backpdy in the amount of
$343.80. The fringe benefit funds owed on Osontoski's
behalf for that quarter are $32.40 for insurance; $36 for
pension; $1.80 for retirees benefit; $44.69 for vacation'
and $1.80 for apprentice for a total of $116 69. For the
third quarter Osontoski is owed backpay in the amount
of $1146. The fringe benefit funds owed on Osontoski's
behalf -for the third quarter are $108 for insurance; $120
for pension; $6 for retirees fund; $148.98 for vacation;
and $6 for apprentice for a total of $388.98.
-
The total backpay owed Harry Osontoski is $1489.80
and the total owed to the fringe benefit funds for Oson-
toski is $505.67 for a combined total of $1995.47.
J. Richards, who is a member of the Operating Engi-
neers, was employed by the Respondent in 1982.
The pleadings establish and I find Richards worked 2
overtime hours at -the .rate of $19.10 an hour in the
second quarter for which he was not paid. The backpay
owed to Richards for the second quarter is $38.20. Con-
tributions owed - to the, fringe benefit funds on . behalf of .
Richards for-that quarter are $2.60 for insurance; $4 for
pension; 20 cents for retirees benefit; $4.97 for vacation;
and 20 cents for apprentice for a total of $11.97. --
The total backpay owed to J. Richards is $38.20 and
the total owed to the fringe benefit funds for Richards is
$11.97 for a combined total of $50.17.
Lester Schwiderson, who is a member of the Operating
Engineers, was employed by the Respondent. from May
to April 1983 on various jobsites. He signed an agree-
ment dated 28- May to give the Respondent 9 hours'
work for 8 hours' pay. His base pay rate in the last three
quarters was $12.73 an hour and his overtime rate was
$19.10 an hour. The contribution rates per hour for the
fringe benefit funds during those quarters were $1.80 for
insurance; $2 for pension; 10 cents for retirees benefit; 13
percent (based on backpay) for vacation; and 10 cents for
apprentice. -
The specification alleges Schwiderson worked 14
overtime hours during the second quarter, 60 overtime
hours during the third quarter, and 27, overtime hours
during the fourth quarter for which he was not paid.
The Respondent in its answer denies owing any overtime
hours or fringe benefit contributions for Schwiderson for
the second quarter but admits owing 49 overtime hours
of backpay, for the third quarter and 23 overtime hours
of backpay for the fourth quarter along with the appro-
priate contributions to the fringe benefit funds for the
two quarters for the number of hours admitted.
From the first week in June until 11 November Schwi-
derson, who did not keep any records of the hours he
worked,-stated he gave up an hour each day when he
worked overtime. His timecards were filled out by Fore-
man Jackson.
A review of the timecards in Respondent's possession
and the undisputed testimony of Schwiderson which I
credit reflect he was shorted 1 overtime hour for each of
the following days in the second quarter: 2-4, 7-11, 14,
16-17, 22, 23-24, and 28-30 June for a total of 17 hours.
One hour of overtime was shorted for each of the fol-
lowing days in the third quarter: 1-2, 5-9, 12,8 13-16, 19,
21-23, 26, and 28-30 July; 2-7, 9-13, 16-20, 23-27, and
30-31 August; and 3, 7-10, 13-17, 20-21, 23-25, and 29-
30 September for a total of 61 hours. One hour of over-
time was shorted for each of the following days in the
fourth quarter: 1, 4-8, 11-15, 18-19, 21-22, and 25-28
October; and 2-5, and 8-9 November for a total of 25
hours. -
Based on this evidence I find for the second quarter
Schwiderson is owed backpay in the amount of $324.70.
The fringe benefit funds owed on Schwiderson's' behalf
for the second quarter are $30.60 for insurance; $34 for
pension; $1.70 for retirees benefit; $42.60 for vacation;
and $1.70 .for apprentice for a total of $110.60. For the
third quarter Schwiderson is owed backpay in the
amount of $1165.10. The contributions owed to the
fringe benefit funds for Schwiderson for the third quarter
are $109.80 for insurance; $122 for pension; $6.10 for re-
tirees benefit; $151.46 for vacation; and $6.10 for appren-
tice for a total of $395.46. For the fourth quarter Schwi-
derson is owed backpay in the amount of $477.50. The
fringe benefit funds owed on Schwiderson's behalf for
8 Beginning with this date, the total hours'shown on the timecards is
an hour less than the number of hours between the starting and quitting
time shown
BARKMAN CONTRACTING
the fourth quarter are $45 for insurance; $50 for pension;
$2.50 for retirees benefit; $62.07 for vacation;' and $2.50
for apprentice for- a total of $162.07.
The total backpay owed Lester Schwiderson ' is
$1967.30 and the total-owed to the fringe benefit funds
for Schwiderson is - $668.13 for a combined total- of
$1635.43.
John Lawrence, who is a member of the Operating En-
gineers, was employed by the Respondent in 1982. His
base rate of pay for the second and third quarters was
$12.73 an hour. and his overtime-rate was $19.10 an hour.
The contribution rates per hour for the fringe benefit
funds were $1.80 for insurance; $2 for pension; 10 cents
for retirees benefit; 13 percent (based on backpay) for va-
cation; and 10 cents for apprentice.
Pursuant to a request by his foreman, Don Campbell,
Lawrence signed an agreement dated 28 May to give Re-
spondent 9 hours' work for 8 hours' pay.
The specification alleges Lawrence worked 19 over-
time hours during the second quarter and 55 hours over-
time during the third quarter for which he was not paid -
and that contributions also were not made to the fringe
benefit funds for those hours. The Respondent in its
answer only admits not paying Lawrence for 17 over- '
time hours in the second quarter and for 54.5 overtime
hours in the third quarter and not making contributions
to the fringe benefit funds for those hours.
Lawrence, who -prepared his own timecards, stated
that at Foreman Campbell's direction he put the starting
and quitting times on the timecards.and subtracted 1
hour from the total hours shown on the cards. Lawrence
shorted himself 1 overtime hour from the first week in
June until he stopped doing it the week ending 25 Sep-
tember.
A review of the timecards identified by Lawrence,
whose undisputed testimony I credit, reflects he was
shorted 1 hour of overtime for the following days in the
second quarter: 31 May; 1-3, 7-11, 14, 16-18, 21-25, and
28-29 June for a total of 20 hours. For the third quarter
Lawrence was shorted 1 overtime hour for the following
days: 1-2, 6-9, 12-16, 19-23, and 26-30 July; 3-6, 9-13,
16-20,- and 23-27, and 30-31 August; and 1-3, 6-8, 13,
16, 20-21, and 23-24 September for a total of 54 hours.
Based on such evidence I find Lawrence for the
second quarteris owed backpay in the amount of $382.
The fringe benefit funds owed on Lawrence's behalf for
the second quarter are $36 for insurance; $40 for pension;
$2 for retirees `fund; $49.66 for vacation; and $2 for ap-
prentice for a total of $129.66. For the third quarter
Lawrence is owed backpay in the amount of $1031.40
and the fringe benefit funds are owed on Lawrence's
behalf $97.20 for insurance; $108 for pension; $5.40 for
retirees `benefit; $134.08 for vacation; and $5.40 for ap-
prentice for a total of $350.08.
The total backpay • owed John Lawrence is $1413.40
and the total owed to the fringe benefit funds for Law-
rence is $479.74 for a combined total of $1893.14.
A. Bedell, who i's a member of the -Operating Engi-
neers, was employed by the Respondent in 1982. His
base rate of pay for the third and fourth quarters was
$12.73 an hourand his hourly overtime rate was $19.10.
The contribution rates per hour for the fringe • benefit
1067'
funds during those quarters for Bedell were $1.80-for in-
surance, $2 for pension; 10 cents for retirees benefit; 13
percent (based on backpay) for vacation; and 10 cents for--
apprentice. `
The specification alleges Bedell during the third quar-
ter was not paid for 25 overtime.hours he worked and -
for the fourth; quarter he was not paid ' for 42 overtime
hours he worked and contributions were not made to the
fringe benefit funds for those hours. The Respondent in
its answer admits Bedell was not paid for 25 overtime
hours during the third quarter and contributions were
not paid to the fringe benefit funds for those hours. With -
respect to the fourth quarter it only admits in its answer ,
it did not pay Bedell for 25 overtime hours and did not
make the appropriate contributions to the fringe benefit
funds for those hours.
The pleadings establish 'and I find Bedell worked 25
overtime hours in the third quarter for which he was not-
paid. The backpay owed to Bedell for the third quarter
is $477.50. Contributions owed to the fringe benefit funds
for the third quarter on Bedell's behalf are $45 for insur-
ance ; $50 for pension; $2.50 for retirees benefit; $62.08
for. vacation; and $2.50 for apprentice for a total of
$162.08.
A review of the timecards in Respondent' s possession
for Bedell, who did not testify, reflects during the fourth
quarter Bedell was shorted 1 hour of overtime for the
following days: 1, 4-8, 11-15, 18-22, and 25-29 October;
and-2-5, and 9-15 November for a total of 26 hours.
Based on the evidence I find for the fourth quarter A.
Bedell is owed backpay in the amount of $496.60. The
fringe benefit funds owed on Bedell 's behalf for the
fourth quarter are $46.80-for insurance; •$52 for pension;
$2.60 for retirees fund; $64.55 for vacation; and $2.60 for
apprentice for a total of $168.55. -
The total. backpay owed to A. Bedell is $974.10 and
the total amount owed to the fringe benefit funds for
Bedell is $330.63 for a combined total of $1304.73.
C Taylor, who is a member of the Operating Engi-
neers , was employed by the Respondent in 1982. His
base rate of pay for the second, third, and fourth quar-
ters was $12.73 an hour and his overtime rate was $19.10
an hour. The contribution rates per hour for the fringe
benefit funds were $1.80 for insurance; $2 for pension; 10
cents for retirees fund; 13 percent (based on backpay) for
vacation; and 10 cents for apprentice.
Taylor signed a form dated 28 May to give "the Re-
spondent 9 hours' work for 8 hours' pay.
The pleadings establish and I find Taylor worked 1
overtime hour in the second quarter for which he was'
not paid. The backpay due to" Taylor for the second
quarter is $19.10. Contributions owed to the fringe bene-
fit funds on Taylor's behalf for that quarter are $1.80 for
insurance ; $2 for pension; 10 "cents for retirees benefit;
$2.48 for vacation; and 10 cents for apprentice for a total
of $6.48. - '
I also find, based on the pleadings, that the Respond-
ent owes Taylor backpay for 52.5 overtime hours he per-
formed in the third quarter for which he was not paid in
the amount of $1002.75. Contributions the Respondent
admits it owes to fringe benefit funds on Taylor's behalf
1668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the third quarter are $94.50 for insurance ; $ 105 for
pension ; $5.25 for retirees benefit ; $ 130.36 for vacation;
and $5 . 25 for apprentice for a total of $340.36.
While the specification alleges Taylor worked 35 over-
time hours - during the fourth quarter for which he was
not paid and contributions were not made to the fringe
benefit funds for those hours , Respondent ,', in its answer,
only admits it owes Taylor for 33 overtime hours in the
fourth quarter and for contributions to the fringe benefit
funds for those 33 hours.
A review of the timecards in- Respondent 's, possession
for Taylor , who did not testify , reflects Taylor was
shorted 1 hour of overtime in the fourth quarter for each
of the following days : 1, 4-8, 11-15, 18-19, 21-22, and
25-29 October ; 2-5, 8-11, 15-19, and 22 November for-a
total of 34 hours.
Based on this evidence I find for the fourth quarter
Taylor is owed backpay in the amount of $649 . 40. -The
fringe benefit funds- on Taylor 's behalf are also owed
$61.20 for insurance , $68 for pension ; $3.40 for retirees
benefit ; $84.42 for vacation; and $3 .40 for apprentice for
a total of $220.42.
-The total backpay owed to C . Taylor is $1671.25 and
the total amount owed to the fringe benefit funds for
Taylor is $567 . 26 for a combined total of $2238.51.
Ray Crawford, who is a member of the Operating- En-
gineers , was employed by the-Respondent in 1982. His
base rate of pay for the third and fourth quarters was
$12.73 an hour and his overtime rate was $19.10 an hour.
The contribution rates to - the fringe benefit funds during
that period for Crawford were $1 . 80 for insurance; $2
for pension ; 10 cents for retirees benefit ; 13 percent
(based on backpay) for- vacation ; and 10 cents for ap-
prentice. -
The pleadings establish and I find for the third quarter
Crawford worked 21 . 5 overtime hours for which he was
not- paid and contributions were not made to the fringe
benefit funds for those hours. The backpay owed to
Crawford for the third quarter is $410.65 . Contributions
owed to the fringe benefit funds on Crawford 's behalf
are $38 .70 for insurance;- $43 for pension ; $2.15 for retir-
ees benefit ; $53.38 for vacation ; and $2.15 for apprentice
for a total of $139.38.
While the specification alleges Crawford worked 31
overtime hours in the fourth quarter for which he was
not paid and contributions were not made to the fringe
benefit funds -for those hours , Respondent in its answer
only admits it owes Crawford for 25 . 5 overtime hours
and for contributions to, the fringe benefit funds for those
hours in the fourth quarter.- -
A review of the timecards in Respondent 's possession
for Crawford , who did not testify, reflects during the
fourth quarter Crawford was shorted 1 hour of overtime
for the following days : 1, 4-8, 11-15, 18-19, 21-22, and
25-28 October ; and 2-5, and 8-9, and 15 November for a
total of 26 hours. -
I find based on this evidence the Respondent owes
Ray Crawford backpay in the amount of $496 . 60 for the
fourth quarter and owes the fringe benefit funds on
Crawford 's behalf for the fourth quarter the amounts of
$46.80 for insurance; $52 for pension ; $2.60 for retirees
benefit ; $64.55 for vacation ; and $2 . 60 for apprentice for
a total of $168.55.
The total backpay owed Ray Crawford is $907.25 and
the total owed to the fringe benefit funds for Ray Craw-
ford is $466.78 for a combined total of $1374.03.
Rodney Crawford, who is a member of the Operating
Engineers , was employed by the Respondent from June
until 11 December . His base rate of pay was $ 12.73 an
hour and his - overtime rate was $19 . 10 an hour . The con-
tribution rates per hour to the fringe benefit funds were
$1.80 for insurance ; $2 for pension ; 10 cents for retirees
fund ; 13 percent (based on backpay) for vacation; and 10
cents for apprentice. -
On being hired in June by Foreman Paul Jackson,
Crawford was told by Jackson about working 9 hours
for 8 hours' pay. Although Jackson mentioned there was
a paper to sign Crawford , who agreed to give up an
hour , did not recall signing it. -
The specification alleges Crawford worked 4 overtime
hours in the second quarter , 66 overtime hours in the
third quarter, and 31 overtime hours in the fourth quar-
ter for which he was not paid and contributions were not
made to the fringe benefit funds for those hours. The Re-
spondent in its answer only admits owing Crawford for
one-half an hour overtime pay for the second quarter
and -4 hours ' overtime pay for the third quarter and con-
tributions to the fringe benefit funds for those hours. It
denies owing Crawford or the fringe benefit funds for
him for any overtime hours in the fourth quarter.
Crawford , who stated he gave up the hours required,
did not keep track of his own time or fill out timecards.
His timecards were filled out on the two jobsites he
worked on by his foremen , Paul Jackson and Larry
Smith , neither of whom testified.
A review of the timecards in Respondent 's possession
and the undisputed testimony of Crawford, which I
credit , reflect Crawford was shorted 1 overtime hour for
each of the following days in the second quarter : 22-25,
and'28-30 June for a total of 7 hours . One hour of over-
time was shorted for each of the following days in the
third quarter . 1-2, 6-9, 12-17, 19-23 , 26, and 28-30 July;
2-6, 9-12, 14, 16-20 , and 23-31 August; and 7-11, 13-18,
and 20-30 September for a total of 61 hours . For the
fourth quarter Crawford was shorted 1 hour of overtime
for each of the following days: 1-2, 11-15, 18-19 , 21-22,
25-28 October ; and 8- 11, and 22-27 November for a
total of 24 hours. Since Crawford acknowledged he
could not tell whether he was shorted while working on
the M-84 job , which is job number 368 , the timecards for
those weeks ending 4 and I1 December, have not been
considered. -
Based on the above evidence I find for the second
quarter Rodney Crawford is owed backpay in the
amount of $ 133.70 . The fringe benefit funds are owed on
Crawford's behalf for the second quarter $12 . 60 for in-
surance ; $ 14 for pension ; 70 cents for retirees benefit;
$17.38 for -vacation ; and 70 cents for apprentice for a
total of $45.38.
For the third quarter Crawford is owed backpay in the
amount of $1165.10. Contributions owed to the fringe
benefit funds for Crawford for the - third quarter are
BARKMAN CONTRACTING - 1069
$109.80 for insurance; $122 for pension; $6 10 for retirees
fund; $151.46 for vacation; and $6.10 for apprentice for a
total of $395.46.
Backpay in the amount of $458.40 is owed Crawford
for the fourth quarter. The fringe benefit funds are owed
on behalf of Crawford for the fourth quarter the
-amounts of $43.20 for insurance, $48 for pension; $2.40
for retirees benefit, $59.59 for vacation; and $2.40 for ap-
prentice for a total of $155.59.
The total backpay owed to Rodney Crawford • is
$1757.20 and the total owed to the fringe benefit funds
on Crawford's behalf is $596.43 for a combined total of
$2353.63.
Walter Proctor Sr., who is a-member of the Operating
Engineers, was employed by the Respondent from 1966
through 1982. His base rate of pay_ an hour during the
second, third and fourth quarters- was $12.73 and his
overtime rate was $19.10. The contribution rates per
hour to the fringe benefit funds were $1.80 for insurance;
$2 for pension; 10 cents for retirees fund; 13 percent
(based on backpay) for vacation; and 10 cents for ap-
prentice.
Pursuant to a request by the Respondent Proctor
signed an agreement dated 28 May agreeing to work 9
hours for 8 hours' pay.
. The specification alleges the Respondent owes Proctor
for 18 overtime hours for the second quarter, 58 over-
time hours for the third quarter, and 44 hours for the
fourth quarter for which he was not paid and owes the
fringe benefit funds for those hours. The Respondent in
its answer denied it owes Proctor or the fringe benefit
funds on his behalf for any overtime hours for the
second quarter. For the third quarter Respondent only
admits owing Proctor and the fringe benefits funds on
his behalf for 27.5 overtime hours and for the fourth
quarter only admits owing for 12 hours.
Proctor worked on three jobsites from the end of May
through December. Two of these jobs were under Fore-
man Paul Jackson and on the Almont job he worked
under Foreman Larry Christenson.
Proctor did not fill out his own timecards but said his
foreman did. Foreman Christenson, who acknowledged
filling out timecards for other employees, said at the
Almont jobsite he would put on the timecards an hour
less than the times they actually worked.
A review of the timecards in Respondent's possession
for Proctor and the practices in effect for filling out such
cards by the foremen reflect Proctor was shorted 1 hour
of overtime for each of the following days in the second
quarter: 2-4, 7-11, 14, 16-17, 22-25, and 28-30 June for a
total of 19 hours. One hour of overtime was also shorted
in the third quarter for the following days: 1-2, 6-9, 12-
16, 19-23, 26, and 28-30 July; 2-7, 9-13, 16-20, 23-27,
and 30 August; and 7-10, 13-17, 20-21, 23-24, and 28-30
September for a total of 58 hours. For the fourth quarter
1 hour of overtime was also shorted for the following
days. 1, 5-6, 8, 11-15, 18-19, 21-22, and 25-28 October;
2-5, 8-9, 17-19, 26, and 30 November; and 1, and 6-10
December for a total of 34 hours.
The above findings establish and I find for the second
quarter Walter Proctor Sr. is owed backpay in the
amount of $362.90. Contributions owed to the fringe ben-
efit funds'for the second quarter on Proctor's behalf are
$34.20 for insurance; $38 for pension; $1.90 for retirees
benefit; $47.17 for vacation; and $1.90 for apprentice for
a total of $123.17.
For ' the third quarter' the backpay owed to Proctor is
$1107.80. The contributions owed to the fnnge benefit
funds on Proctor's behalf for the third quarter are
$104.40 for insurance; $116 for pension; $5.80 for retirees
benefit; $144.01 for vacation; and $5 80 foi apprentice for
a total of $376.01.
The backpay for the fourth quarter owed to Proctor is
$649.40. Contributions owed to the fringe benefit funds
on Proctor's behalf for the fourth. quarter are $61.20 for
insurance; $68 for pension; $84.42 for vacation; and $3.40
for apprentice for a total of $220.42.
The total backpay owed to Walter Proctor Sr. is
$2120.10 and the total amount owed to the fringe benefit
'funds on Proctor's behalf is $719.60 for a combined total
of $2839.70.
C. Burnash, who' is a member of the Operating Engi-
neers, was employed by the Respondent in 1982. His
base rate of pay per hour was $11.69 and his hourly
overtime rate was $17.53. The hourly contribution rates
for the fringe benefit funds for Burnash were 95 cents for
vacation, except for the second quarter which was 85
cents; 65 cents for pension; 75 cents for health; and 4
cents for training.
Burnash signed an agreement dated 28 May to give the
Respondent 9 hours' work for 8 hours' pay.
The pleadings establish and I find Burnash worked 18
hours overtime in the second quarter, 51 hours' overtime
in the third quarter, and 5 hours'.overtime in the fourth
quarter for which he was not, paid and contributions
were not paid to the fringe benefit funds for those hours.
The backpay owed to Burnash for the second quarter is
$315.54. Contributions owed to the fringe benefit funds
on Burnash 's behalf for the second quarter are $15.30 for
vacation; $11.70 • for pension; $13.50 for health; and 72
cents for training for a total of $41.22
Backpay owed, to Burnash for the third quarter is
$894.03. Contributions owed to the fringe benefit funds
on Burnash's behalf for the third quarter are $48.45 for
vacation; $33.15 for pension;.$38.25 for health; and $2.04
for training for a total of $121.89.
For the fourth' quarter the backpay owed Burnash is
$87.65 Contributions owed to the fringe benefit funds
for Burnash for the fourth quarter are $4.75 for vacation;
$3.25 for pension; $3.75 for health; and 20 cents for train-
ing for a total of $11.95.
The total backpay owed to C. Burnash in $1297.22 and
the total owed to the fringe benefit funds on Burnash's
behalf are $175.06 for a total of $1472.28.
Norm Cannoy, who is a member of the Laborers, was
employed by the Respondent from May until the week
ending 14 August. His hourly base rate of pay was
$12.87 and his hourly overtime rate was $19.30. The
hourly contribution rates to the fringe benefit funds were
95 cents for vacation except for the second quarter
which was 85 cents; 65 cents for pension; 75 cents for
health ; and 4 'cents for training.
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Following . a, request by Foreman Richard Nelson,
Cannoy signed an 'agreement dated 28 May to work 9
hours for 8 hours' pay.
The specification alleges Cannoy worked 12. overtime
hours in the second quarter and 26 overtime hours.in the
third quarter for which he was not paid and contribu-
tions were not made to the fringe benefit funds for those
hours . The, Respondent in its answer , denies it owes
Cannoy or the fringe benefit funds on Cannoy 's behalf
for any overtime hours in the second and third quarters.
Cannoy testified from the first part of June through
August when he left he gave up an overtime hour when
he worked overtime . He filled out part of his own time-
cards on which he shorted -himself an hour by subtract-
ing an hour from the- quitting time as instructed by Fore-
man Nelson . His other timecards were filled out by his
foreman , Larry Smith.
A review of the timecards for Cannoy and his undis-
puted ' testimony which I credit reflect he was shorted' 1
overtime hour in the second quarter for each of the fol-
lowing days : 4, 7-11, 14, 16 , 21-23, 25 , and 28-30 June
for a total of 15 hours . During the third quarter he was
shorted 1 hour for each of the following days : 7-10, 12-
17, 19-23 , and 28-30 July; and 4-6, and 9 August for a
total of 22 hours.
Based on this evidence , I find for the second quarter
Norm Cannoy is owed backpay in the amount of
$289.50. Contributions owed to the fringe benefit funds
on Cannoy 's behalf for the second quarter are $12.75 for
vacation ; $9.75 - for pension; $11.15 for health; and 60
cents for training for a total of $34 . 35. Backpay owed to
Cannoy for ' the third quarter is $424.60 . Contributions
owed to the fringe benefit funds for Cannoy for the third
quarter are $20:90 for vacation ; $ 14.30 for pension;
$16.50• for health ; and 88 cents for training for a total of
$52.58. - ,
The total backpay 'owed to Norm Cannoy is $714.10
and the total owed to the fringe benefit funds on' Can-
noy's behalf is $86 . 93 for a combined total'of $801.03.
Richard Cannoy , who is a member of the Laborers,
was employed by the Respondent from 1979 to 1984. His
hourly base rate of pay in 1982 was $ 11.76 and his
hourly overtime rate was $17 . 64. The hourly contribu-
tion rates to the fringe benefit funds were 95 cents for
vacation; 65 cents for pension ; 75 cents for health; and 4
cents for training.. -
Cannoy , following a request by Foremen James Weise
and Paul Jackson , agreed to work 9 hours for 8 hours'
pay which he said he began doing the last week in May
and continued until he was laid off in December . Besides
working for Foreman Weise and Foreman Jackson,
Cannoy beginning in October also worked on the M-84
jobsite under Foreman Larry. Smith. -• - •
The specification alleges Cannoy worked -3 overtime
hours in the second quarter , 59 overtime hours in the
-third quarter , and 40 overtime hours in the fourth quar-
ter for , which he was not paid and contributions were not
made to the fringe benefit funds for those hours. The Re-
spondent in its answer admits owing Cannoy for, 15
hours overtime in the second quarter, 42,hours overtime
in the third quarter, and 4 hours overtime in the fourth
quarter and owing the fringe benefit funds for those
hours.
Cannoy, who denied filling out his timecards, said his
foremen, Jackson and Smith, filled them out. James
Weise, who was Cannoy's foreman part of the time, also
filled out timecards for Cannoy. Initially in filling out
timecards Weise described his procedure was to short
the actual quitting times on the cards. -
A review of Cannoy's timecards in Respondent's pos-
session and the undisputed testimony of Cannoy, which I
credit, and Respondent's practices in filling out the time-
cards reflect Cannoy -was shorted 1 overtime hour for
each of the following days in the second quarter: 2-4, 7-
10, 14, 16-17, 22-24, and 28-30 June for a total of 16
hours.. For the third quarter Cannoy was shorted 1 over-
time hour for each of the following days: 1-2, 6-9, 12-
16, 19-20, 22-23, 26, and 28-30 -July;. 2-7, 9-13, 16-20,
and 30-31 August; and 3, 7-10, 13-17, 20-21, 23-25, and
28-30 September for a total of 55 hours. During the
fourth quarter Cannoy was shorted I hour, overtime for
each of the following days: 4-9, 11-15, 18-19, and 21-22
October; and 2-5, 8-11, 15-19, 22-24, and 26 November
for a total of 32 hours.
Cannoy admitted he could not. say he worked 9 hours
for 8 hours pay on the M-84 job. While he thought he
began working on the job the third week in October he
was not positive of the time. The first time the timecards
reflect he worked on the job which was designated job
number 368 was for the week ending 4 December.
Therefore in view of Cannoy's admission' those timecards
beginning with the week ending 4 December 'have not
been considered.
I find based on this evidence Cannoy is owed backpay
for the second quarter the amount of $282.24. Contribu-
tions owed to the fringe benefit funds on Cannoy's behalf
for the second quarter are $15.20 for vacation; $10.40 for
pension; - $12 for health; and 64 cents for the training for
a total of $38.24. '
For the third quarter Cannoy is owed backpay in the
amount of $970.20. The fringe benefit funds for the third
quarter for Cannoy are owed $52.25 for vacation; $37.75
for pension; $41.25 for health; and $4.20 for training for
a total of $131.45. '
Cannoy's backpay owed to him for the fourth quarter
is $564.48. The fringe benefit funds for the fourth quarter
are owed on Cannoy-'s behalf the amounts of $30.40 for
vacation; $20.80 for pension; $24 for health; and $1.28
for training for a total of $76.48. -
The total amount of backpay owed to Richard Cannoy
is $1816.92 and the total owed to the fringe benefit funds
on Cannoy's behalf is $246.17 for a combined total of
$2063.09.
Ray Dykes, who is a member of the Laborers,, is cur-
rently employed by the Respondent and worked there in
1982. His hourly base rate of pay in 1982 was $11.54 and
his overtime rate was $18.58.. The hourly contribution
rates for the fringe benefit funds were 95 cents for vaca-
tion; 65 cents for pension; 75 cents for health; and 4
cents for training. -
Dykes while working on the Burton- jobsite- the last
part of May was asked by Foreman Nelson to work 9-
BARKMAN CONTRACTING ' , 1071
hours for 8 hours pay which he did not do. Later in June
while working on the Carrollton jobsite Dykes was
asked by Foreman Larry Christenson to work 9 hours
for 8 hours pay. Dykes stated from June until the middle
of December during which he also worked on other job-
sites he gave up the hour of overtime.
The specification- alleges Dykes worked 10 overtime
hours the second quarter, 23 overtime hours the third
quarter, and 15 overtime hours the fourth quarter for
which he was not paid and contributions also were not
made to the fringe benefit funds on behalf of Dykes for
those hours. The Respondent in its answer only admits
owing Dykes and the fringe benefit funds on his behalf
for 12 hours of overtime in the fourth quarter and denies
owing any overtime hours for the other two quarters.
Dykes, who recognized some of his timecards, stated
that Foreman Christenson and Foreman Jackson filled
out his timecards. Foreman Christenson acknowledged
filling out timecards for Dykes and stated his initial pro-
cedure on filling out timecards was to short the quitting
time by 1 hour although he subsequently began deduct-
ing 1 hour from the total number of hours shown on the
cards. Dykes, who stated he was shorted overtime hours
on the Almont and Carrollton jobsites, admitted he was
not shorted an hour while working on the Burton jobsite
which was number 15782 which periods have been ex-
cluded.
A review of Dykes' timecards and the undisputed tes-
timony of Dykes which I credit reflects he was shorted
an hour of overtime for the following days in the second
quarter: 15-18, and 21-25 June for a total of 9 hours. For
the third quarter Dykes was shorted 1 overtime hour for
the following days: 9-13, 16-20, 23-27, and 30-31
August; and 1-3, 7-10, 13-17, 20-21, 23-24, and 28-29
September for a total of 36 hours. Dykes for the fourth
quarter was shorted I overtime hour for the following
days: 1, 4-8, 11-15, 21-22, and 25-28 October; 2-5, 8-9,
26, and 30 November; and 1, 6-10, and 13-15 December
for a total of 34 hours.
The above evidence establishes and I find Dykes is
owed backpay for the second quarter the amount of
$183.94. Contributions owed to the fringe benefit funds
on Dykes' behalf for the second quarter are $8.55 for va-
cation ; $5.85 for pension, $6.75 for health; and 36 cents
for training for a total of $21.51.
Backpay owed to Dykes for the third quarter is
$667.80. Contributions owed to the fringe benefit funds
for Dykes for the third quarter are $34.20 for vacation;
$23.40 for pension; $27 for health; and $1.44 for training
for a total of $86.04.
The backpay owed Dykes for the fourth quarter is
$630.72. Contributions owed on Dykes' behalf to the
fringe benefit funds for the fourth quarter are $31.30 for
vacation ; $22.10 for pension; $25.50 for health; and $1.36
for training for a total of $80.26.
The total backpay owed Ray Dykes is $1482.46 and
the total owed to the fringe benefit funds on Dykes'
behalf is $187.80 for a combined total of $1670.26.
J. Farr, who is a- member of the Laborers, was em-
ployed by the Respondent in 1982. His hourly base rate
of pay was $11 and his hourly overtime rate was $16.50.
The hourly contribution rates to the fringe benefit funds
for Farr were 85 cents for vacation; 65 cents for pension;
75 cents for health; and 4 cents for training.
Farr signed an agreement dated 28 May to work 9
hours for 8 hours' pay.
The pleadings establish and I find Farr worked 14
overtime hours in the second quarter for which he was
not paid and contributions were not made to the fringe
benefit funds for those hours. The amount of backpay
owed to J. Farr for the second quarter is $231. The con-
tributions owed to the fringe benefit funds for the second
quarter on Farr's-behalf are $11.90 for vacation; $9.10 for
pension; $10.50 for health; and 56 cents for training for a
total of $32.06.
The total backpay owed to J: Farr is $231 and the
total owed to the fringe benefit funds on Farr's behalf is
$32.06 for a combined total of $263.06. '
John McKay, who is a member of the Laborers, was
employed by the Respondent from 1978 through 1982.
His hourly base rate of 'pay in 1982 was $11.67 and his
hourly overtime rate was $17.50. The hourly contribu-
tion rates to the fringe benefit funds were 95 cents for
vacation; 65 cents for pension; 75 cents for health; and 4
cents for training.
Pursuant to a request by Foreman Paul Jackson,
McKay signed an agreement dated 28 May to work 9
hours for 8 hours' pay.
The specification alleges McKay worked 15 overtime
hours in the second quarter, 57 overtime hours in the
third quarter, and 44 overtime hours in the fourth quar-
ter for which he was not paid and contributions for these
hours were not paid to the fringe benefit funds. The Re-
spondent in its' answer denies owing McKay or the
fringe benefit funds on his behalf for any overtime hours
in the second quarter. It admits only owing McKay for
38 overtime hours in the third quarter and for 50.5 over-
time hours in the fourth quarter and owing the fringe
benefit funds contributions for those hours admitted.
McKay stated he began working the overtime hours
without pay beginning the first week in June and the
policy continued. until he was laid off in December and
every day they worked overtime he worked an hour
overtime without pay.
McKay, who filled out two of his timecards, described
his procedure was to short his quitting time on the card
an hour each day they worked overtime. According to
McKay, Foreman Paul Jackson also filled out McKay's
timecards. -
A review of McKay's timecards and the undisputed
testimony of McKay which I credit reflect he was short-
ed an hour of overtime for the following days in the
second quarter: 1-4, 7-11, 14, 16-17, 22-24, and 28-30
June for a total of 18 hours. For the third quarter
McKay was shorted 1 overtime hour for the following
day: 2, 6-9, 12-16, 19-23,-and 26-30 July; 2-6, 11-13,
16-20, 23-27, and 30-31 August; and 2-3, 7-10, 14-16,
20-21, 23-24, and 28-30 September for a total of 56
hours. McKay for the fourth quarter was shorted 1 over-
time hour for the following days: 1, 5-6, 8, 11-15, 18-19,
21-22, and 25-28 October; 2-5, 8-9, 15-19, 26, and 30
November;.and 1, 6-7,-and 9-10 December for a total of
35 hours.
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The above evidence establishes and I find McKay is
owed backpay for the second quarter the amount of
$315. Contributions owed-to the fringe benefit-funds on
McKay's behalf for the second quarter are $17.10 for va-
cation, $11.70 for pension; $13.50 for health; and 72 cents
for training for a total of $43.02.
Backpay owed to McKay for the third quarter is $980.
Contributions owed to the fringe benefit funds for
McKay for the third quarter are $53.20 for vacation;
$36.40 for pension; $42 for health, and $2.24 for training
for a total of $133.84.
For the fourth quarter the amount of backpay owed to
McKay is $612.50. Contributions owed to the fringe ben-
efit funds on McKay's behalf for the fourth quarter are
$23.25 for vacation; $22.75 for pension; $26.25 for health;
and $1.40 for training for a total of $73.65.
The total backpay owed to John McKay is $1907.50
and the total owed to the fringe benefit funds on
McKay's behalf is $250.51 for a combined ,total of
$2158.01.
Ray Ozier, who is a member of the Laborers, is pres-
ently employed by the Respondent and worked there in
1982. His hourly base rate of pay in 1982 was $11.52 and
his hourly overtime rate was $17.28. The hourly contri-
bution rates for the fringe benefit funds were.95 cents for
vacation; 65 cents for pension; 75 cents for health;_and 4
cents for training.
Pursuant to a request by his foreman, Paul Jackson,
Ozier signed an agreement dated 28 May to work 9
hours for 8 hours' pay. Ozier stated he worked the extra
hour without pay from about the first of June until he
was laid off in November.
The specification alleges Ozier worked 3 overtime
hours in the second quarter, 54 overtime hours in the
third quarter, and 26 overtime hours in the fourth quar-
ter for which he was not paid and contributions were not
made to the fringe benefit funds for those hours. The Re-
spondent in its answer only` admits owing Ozier for 38
overtime hours for the' third quarter and for 28 overtime
hours in the fourth quarter and owing contributions to
the fringe benefit funds for those hours. It denies owing
Ozier or the fringe benefit funds on his behalf for any.
overtime hours for the second quarter. -
Ozier said that Foreman Jackson filled out- the time-
cards for him.
A review of Ozier's timecards in Respondent 's posses-
sion and the undisputed testimony of Ozier which I
credit reflect Ozier was shorted 1 hour of overtime in
the second quarter for each of the' following days: 2-4,
7-11, 14, 16-17, 22-24, and 30 June for a total of 15
hours. For the third quarter. Ozier was shorted' I hour of
overtime for each of the following'days: 1-2, 6-9, 13-16,
19-23, 26, and 28-30 July; 2-7, 9-13,16, 18-20, 23-27,
and 30-31 August, and 13-17, and 28-30 September for a
total of 49 hours. Ozier for the fourth quarter was short-
ed 1 overtime hour for each of the following days: 1, 4-
8, 13-15, 18-19, 21-22, and 25-29 October; and 2-5, 8,
and 15 November for a total of 24 hours.
I find such evidence establishes Ozier is owed backpay
for the second quarter in the amount of $259.20. Contri-
butions owed to the fringe benefit funds on Ozier's
behalf for the second quarter are $14.25 for vacation;
$9.75 for pension; $11.25 for health, and 60 cents for
training for a total'of $35.85.
For the third quarter Ozier is owed backpay in the
amount of $846.72. Contributions owed to the fringe ben-
efit funds for Ozier for the third quarter are $46.55 for
vacation; $31.85 for pension; $36.75 for health; and $3
for training for-a total of $118.15.
The backpay for Ozier- for the fourth quarter is
$414.72. Contributions owed on Ozier's behalf to the
fringe benefit funds for the fourth quarter are $21.80 for
vacation; $15:60 for pension; $18 for health; and 96 cents
for training for a total of $56.36.
The total backpay owed to Roy Ozier is $1520.64 and
the total owed to the fringe benefit funds for Ozier is
$210.36 for a combined total of $1731.
Paul Shillair, who is a member of the Laborers, was
employed by the Respondent from about 15 May -to No-
vember.
His-hourly base rate of pay-was $11.88 and his hourly
overtime rate was $17.82. The contribution rates -to the
fringe benefit funds were 95 cents for vacation; 65 cents
for pension; 75 cents for health; and 4 cents for training.
Shillair at the request of his foreman, Paul Jackson,
signed an agreement dated 28 May to work '9 hours for 8
hours' pay. Shillair testified without denial that beginning
the next week up until he was laid off in November he
worked an hour overtime each day they worked 8 hours
for which he was not paid. Shillair did not fill out his
timecards but presumed Foreman Jackson did.
The specification alleges Shillair worked 14 overtime
hours the second quarter, 62 overtime hours the third
quarter, and 30 overtime hours the fourth quarter for
which he was not paid and contributions were not made
to the fringe benefit funds for those hours. The Respond-
ent in its answer denies owing any overtime hours for
the second quarter for Shillair and only admits owing
Shillair for 52 overtime hours for the third quarter and
for 29 overtime hours for the fourth quarter and for con-
tributions to the fringe benefit funds for these hours.
A review of the timecards for Shillair in Respondent's
possession, the undisputed testimony of Shillair which I
credit, and Respondent's practices regarding filling out
the timecards together show Shillair was shorted 1 hour
of, overtime for each of the following days in the second
quarter: 2-4, 7-11, 14, 16-17, 22-24, and 28-30 June for a
total of 17 hours. For the third quarter Shillair was
shorted 1 overtime hour for each of 'the following days:
1-2, 6-9, 12-16, 19-23, 26, and 28-30 July; 2-7, 9-13, 16-
20, 23-27, and 30-31 August; and 2-3, 7-9, 13-17, 20-21,
23-25, and 28-30 September for a total of 61 hours. For
the fourth quarter Shillair• was shorted -1 overtime hour
for each of the following days. 1, 4-8, 11-15,18-19, 21-
22, and 25-29 October; and 2-5, 8, and 9 November for a
total of 26 hours. •
Based on such evidence, I find Shillair is owed back-
pay for the second quarter in the amount of $302.94.
Contributions owed to the fringe benefit funds on Shil-
lair's behalf for the second quarter are $16.15 for vaca-
tion; $11.05 for pension; $12.75 for health; and 68 cents
for training for a total of $40.63.
BARKMAN CONTRACTING
For the third quarter the amount of backpay owed to
Shillair is $1077.02. The contributions owed to the fringe
benefit funds for Shillair for the third quarter are $57.95
for vacation; $39.65 for pension; $45.75 for health; and
$2.44 for training for a total of $145 79
Shillair is owed backpay for the fourth quarter in the
amount of $463.32. The amount of contributions owed to
the fringe benefit funds for the fourth quarter for Shillair
'are $24.70 for vacation; $16.90 for pension; $19.50 for
health; and $1.04 for training for a total of $62.14.
The total amount of backpay owed to Paul Shillair is
$1843.28 and the total owed to the fringe benefit funds
on Shillair's behalf are $248.56 for a combined total of
$2091.84.
Earl Shillair, who is a member of the Laborers, was
employed by the Respondent from 1978 until 1982. His
hourly base rate of pay was $11.63 and his hourly over-
time rate was $17 45. The hourly contribution rates for
fringe benefit funds were 95 cents for vacation; 65 cents
for pension; 75, cents for, health; and 4 cerits for training.
• Shillair, pursuant to the request of his foreman, Paul
Jackson, signed an agreement dated 28 May to work 9
hours for 8 hours' pay.- According to Shillair's undis-
puted testimony which I credit he began working the
extra hour without pay the first week in' June and this
continued up until he quit work about 18 October. Fore-
man Jackson filled out his timecards for him. '
The specification alleges Shillair worked 14 overtime
hours in the second • quarter, 66 overtime hours in the
third quarter, and 12 overtime hours in the fourth quar-
ter for which he was not paid and contributions were not
made to the fringe benefit funds for Shillair for those
hours. The Respondent in its answer denies owing any
overtime hours for Shillair for the second quarter. It
only admits owing Shillair for 53 overtime hours in the
third quarter and for 15 overtime hours in the fourth
quarter and owing contributions to the fringe benefit
funds for Shillair for those hours.
A review of the timecards for Shillair in Respondent's
possession and Shillair's undenied testimony which I
credit reflect he was shorted 1 overtime hour in the
second quarter for each of the following days: 2-4, 7-11,
14, 16-17, 22-24, and 28-30 June for a total of 17 hours.
For the third quarter Shillair was shorted 1 overtime
hour for each of the following days: 1-2, 6-9, 12-16, 19-
23, 26, and 28-30 July; 2-7, 9-13, 16-20, 23-27, and 30
and 31 August; and 2-3, 7-10, 13-17, 20-21, 23-24, and
28-30 September for a total of 61 hours. Shillair for the
fourth quarter was shorted 1 'overtime hour for each of
the following days: 1, 4-8, 11-15, and 18 October for a
total of 12 hours -
I find, based on the evidence, Shillair is owed backpay
for the second quarter in the amount of $296.65. Contri-
butions owed to the fringe benefit funds on Shillair's
behalf for the second quarter are $16.15 for vacation;
$11.05 for pension; $12.75 for health; and 68 cents for
training for a total of $40.63.
Backpay owed Shillair for the • third quarter is
$1064.45. Contributions owed to the fringe benefit funds
for Shillair for the third quarter are $57.95 for vacation;
$39.65 for pension; $45.75 for health; and $2.44 for-train-
ing for a total of $145.79.
1073
The backpay owed Shillair for the fourth quarter is
$209.40 The contributions owed to the fringe benefit
funds for Shillair for the fourth quarter are $11.40 for va-
cation; $7.80 for pension; $9 for health; and 48 cents for
training for a total of $28.68.
The total amount of backpay owed to Earl Slillair is
$1570.50 and the total amount owed to the fringe benefit
funds for Shillair is $215 10 for a combined total of
$1785.60.
Dennis Starkey, who is a member of the Laborers, was
employed by the Respondent from 1972 to about 1982 or
1983. His hourly base rate of pay in 1982 was $11.44 an
hour and his hourly overtime rate was $17.16. The
hourly contribution rates to the fringe benefit funds were
95 cents for vacation; 65 cents for pension; 75 cents for
health; and 4 cents for training. -
Starkey credibly testified without denial the last part
of -May he was asked by Foreman Dick Nelson to sign
an agreement to work 9 hours for 8 hours' pay which he
did not sign. However, on going to the Almont jobsite
the last week in August, his foreman on that job, Larry
Christenson, asked him to work 9 hours for 8 hours' pay
and informed 'him if he did not he would be laid off
whereupon he agreed to do' so. Starkey then worked on
the Almont job only an hour of overtime each-day they
worked overtime for which he was not paid from the
last week in August until the week ending 30 October
when he went to another job.
The specification alleges Starkey worked 20 overtime
hours in the third quarter and 19 overtime hours in the
fourth quarter for which he was not paid and contribu-
tions were not made to the fringe benefit funds for Star-
key for those hours . The Respondent in its answer
denied owing for any overtime hours for Starkey for
either the third or fourth quarter.
Starkey, who normally filled out his own timecards,
testified without denial the -procedure he used during, the
period he worked the extra hour without pay was to
short himself for that hour by putting the quitting time
down as an hour less than he actually worked. This pro-
cedure was based on Foreman Chnstenson's instructions
A- review of , Starkey's timecards and his undisputed
testimony which I credit reflect Starkey was shorted 1
hour overtime for each of the following days in-the third
quarter: 23-27, and 31 August; and 1-3, 7-10, 14-16, 20-
21, 23-24, and 28-30 September for a total of 23 hours
For the fourth quarter Starkey was shorted 1 hour over-
time for each of the following days: 1, 4-6, 8, 11-15, 18-
19, and 26-28 October for a total of 15 hours.
Based on the above evidence, I find Starkey is owed
backpay for the third quarter in the amount of $394.68.
Contributions owed on Starkey's behalf to the fringe
benefit funds for the third quarter are $21.85 for vaca-
tion ; $14.95 for pension; $17.25 for health; and 92 cents
for training for a total of $54.97. -
Backpay owed to Starkey for the fourth quarter is
$257.40. Contributions for Starkey owed- to the fringe
benefit funds for the fourth quarter are $14.25 for vaca-
tion; $9.75 for pension; " $11.25 • for health; and 60 cents
for training for a total of $35.85.
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The total amount of backpay owed to Dennis Starkey
is $652.08 and the total amount owed to. the fringe bene-
fit funds on Starkey's behalf are $90.92 for a combined
total of $743.
James Weise, who is a member of the Laborers, was
employed by the Respondent off and on from 1978 to
the end of 1982 and worked as a foreman. His hourly
base rate of pay was $13.42 and his hourly overtime rate
was $20.13. The hourly contribution rates to the fringe
benefit funds were 95 cents for vacation; 65 cents for
pension; 75 cents for health; and 4 cents for training.
Weise, at the request of Respondent signed an agree-
ment dated 28 May to work 9 hours for 8 hours' pay.
Weise credibly stated without denial he began working
the extra hour without pay the first week in June and
continued doing so each day they worked overtime up
until he was laid off in December.
The specification alleges Weise worked 16 overtime
-hours in the second quarter, 56 overtime hours- in the
third quarter, and 41 overtime hours in the fourth quar-
ter for which he was not paid and contributions were not
made to the fringe benefit funds from those hours. The
Respondent in, its answer denies owing Weise or the
fringe benefit funds on his behalf for any overtime hours
in the second quarter and only admits owing Weise -for
45 overtime hours in the third quarter and for 40 over-
time hours in the fourth quarter and owing the fringe
benefit funds on Weise's behalf for those hours.
Weise, who I credit, stated he filled out his own time-
cards. The procedure he used initially in shorting himself
the extra hour was to show on his timecards a quitting
time which was 1 hour less than the actual quitting time
he worked. However, beginning in July, he started list-
ing the actual starting and quitting times and deducting
from the total hours shown on the timecard the extra
overtime hour worked for which he was not paid. These
procedures for filling out the timecards which Weise said
he used were based on instructions given to the foreman
by President Barkman's secretary at foremen meetings at
which President Barkman and other foremen were
present.
• The timecards of Weise and his undisputed testimony
which I credit reflect Weise was shorted I overtime
hour for each of the days in following the second quar-
ter: 2-4, 7-11, 14, 16-18, 21-24, and 28-30 June for a
total of 19 hours. For the third quarter Weise was short-
ed 1 overtime hour for each of the following day: 1-2,
-6-9, 12-16, 19-23, 26, and 28-30 July; 2-6, 9-13, 16-20,
24-26, and 30 August; and 7, 10, 13-17, 20-24, and 27-30
September for a total of 54 hours. During the fourth
quarter Weise was shorted 1 overtime hour for each of
the following days: 1, 4-8, 11-15, 19, 21-22, and 25-29
October; 2-5, 8-11, 15-16, 18-19, 22, and 29-30 Novem-
ber; and 1 December for a total of 35 hours.
. I find, based on this evidence, Weise is owed backpay
for the second quarter in the amount of $382.47. The
contributions for Weise owed to the fringe benefit funds
for the second quarter are $ 18.05 for vacation ; $12.35 for
pension ; $ 14.25 for health; and 76 cents for training for a
total -of $45.41.
Backpay owed to Weise for the third quarter is
$1087.02. Contributions owed to the fringe-benefit funds
on Weise's behalf for the third quarter are $51.30 for va-
cation; $35.10 for pension; $40.50 for health; and $2.16
for training for a total of $129.06
Backpay for Weise for the fourth quarter is $704.55.
Contributions owed -to the fringe benefit funds 'for, the
fourth quarter for Weise are $33.25 for vacation, $22.75
for pension; $26.25 for health; and $1.40 for training for
a total of $83.65. - . -
The total amount of backpay owed to James Weise is
$2174 04 and -the total amount owed to the fringe benefit
funds on Weise's behalf is $258.12 for a combined total
of $2432.16. -
A. Brewer, who is a member of the Laborers, was em-
ployed by the Respondent in 1982.
The pleadings establish and I find Brewer worked 44
overtime hours at the hourly rate of $17.86 in the third
quarter and 44' overtime hours in the fourth quarter for
which he was not paid. The backpay owed to Brewer
for the third quarter is $785.84. Contributions owed to
the fringe benefit funds for the third quarter on Brewer's
behalf are $41.80 for vacation; $28.60 for pension; $33 for
health; and $1.76 for training for a total of $105.16.
Backpay owed to Brewer for the fourth quarter is
$785.84 and contributions owed to the fringe benefit
funds for'Brewer for the fourth quarter are $41.80 for
vacation; $28.60 for pension; $33 for health; and $1.76
for training for a total of $105 16.
The total amount of backpay owed to A. Brewer is
$1571.68 and the total amount owed to the fringe benefit
funds on Brewer's behalf are $210.32 for a combined
i
total of $1782. - -
Dennis Firman, who is a member of the Laborers, was
employed by the Respondent from the summer of 1980
until the end of 1982. His hourly base rate of pay was
$12.57 and his hourly overtime rate was $18.86. The con-
-tribution rates to the fringe benefit funds were 95-cents
for vacation; 65 cents for pension; 75 cents for health;
and 4 cents for training.
Following a request by his foreman, Dick Nelson,
Firman signed an agreement dated 28 May to work 9
hours for 8 hours' pay. -
According to Firman, he began working an hour of
overtime for which he was not paid the week ending 9
July and this continued until he was laid off on 19 No-
vember. He worked on several jobs under different fore-
men.
The specification alleges Firman worked 21.5 overtime
hours in the third quarter and 11 overtime hours in the
fourth quarter for which he was not paid and contribu-
tions were not made to the fringe benefit funds for those
hours . The Respondent in its answer only admits owing
Firman for 15.5 overtime hours for the third quarter and
for 9 overtime hours in the fourth quarter and owing the
contributions for these hours to the fringe benefit funds
for Firman.
Firman, who filled out most of his own timecards, de-
scribed his procedure was to list his actual starting and
quitting times on the cards and to short himself 1 hour
each day he. worked overtime in the place where -the
total hours were shown.
BARKMAN CONTRACTING . 1075
A review of Firman's timecards and his undenied testi-
mony which I credit reflect he was shorted 1 overtime
hour for each of the following days in the third quarter:
7 July; 19-20, and 23 August, and 7-8, 10-11, 13, 16, and
20-23 September-for a total of 13 hours. For the fourth
quarter Firman was shorted 1-overtime hour for each of
the following days: 26-28 October; and 2-5, and 9 No-
vember for a total of 8 hours.
Based on the above evidence I find Firman is owed
backpay for the third quarter the amount of $245.18.
Contributions owed to the fringe benefit funds on Fir-
man's behalf for the third quarter are $12.35 for vacation;
$8.45 for pension; $9.65 for health; and 52 cents for train-
ing for a total of $30.97.
The backpay owed to Firman for the fourth quarter is
$150.88. Contributions owed to the fringe benefit funds
for Firman for the fourth quarter are $7.60 for vacation;
$5.20 for pension; $6 for health; and 32 cents for insur-
ance for a total of $19.1'2.
The total amount of backpay owed to Dennis Firman
is $396.06, and the total amount owed to the fringe bene-
fit funds on Firman's behalf are $50.09 for a combined
total of $446.15.
P. Jackson, who is a member of the Laborers , was em-
ployed by the Respondent in 1982. -
Jackson signed an agreement dated 28 May to work 9
hours for 8 hours' pay.
The pleadings establish and I find that Jackson, whose
overtime rate was $20.13 an hour, worked 18 overtime
hours in the second quarter, 64 overtime hours in the
third quarter, and 5 overtime hours in the fourth quarter
for which he was not paid.
The backpay owed to Jackson for the second quarter
is $36234, and the contributions owed to the fringe bene-
fit funds on Jackson's behalf for the second quarter are
$17.10 for vacation; $11.70 for pension; $13.50 for health;
and 72 cents for training for a total•df $43.02.
Backpay owed to Jackson for the third quarter is
$1288.32, and the contributions owed to the fringe bene-
fit funds for the third quarter for Jackson are $60.80 for
vacation; $41.60 for pension; $48 for health; and $2.56
for training for a total of $152.96.
The amount of backpay ` owed to Jackson- for the
fourth quarter is $100.65, and the contributions owed to
the fringe benefit funds for- the third quarter on Jackson's
behalf are $4.75 for vacation; $3.25 for pension; $3.75 for
health; and 20 cents for training for a total of $11.95.
The total amount of backpay owed to P. Jackson is
$1751.31, and the total amount owed to the fnnge benefit
funds on Jackson's behalf are $207.93 for a combined
total of $1959.24.
James Jackson, who is a member ,of the Laborers, was
employed by the Respondent from 1980 to 1983. His
hourly -base rate of pay was $11.44 an hour and. his
hourly overtime rate was $17.16. The hourly contribu-
tion rates to the fringe benefit funds were 95 cents for
vacation; 65 cents for pension; 75 cents for health; and 4
cents for training.
Pursuant to the request of Foreman James Weise,
Jackson signed an agreement dated 28 May to work 9
hours for 8 hours' pay. According to Jackson he began
working the extra overtime hour without pay the- first
part of June and each day he worked a full day he also
worked that extra hour.
The specification alleges Jackson worked 16 overtime
hours the second quarter, 49 overtime hours- the third
quarter, and 41 overtime hours the fourth quarter for
which he was not paid and-contributions were not made
to the fringe benefit funds for these hours. The Respond-
ent-in its answer denies owing Jackson or the fringe ben-
efit funds on his behalf for any overtime hours 'in the
second quarter and only admits owing Jackson for 38
overtime hours for the third quarter and for 37 overtime
hours for the fourth quarter and owing 'the fringe benefit
funds for those hours.
Foreman Weise, who filled out Jackson's timecards,
credibly stated if the timecards indicated'Jackson worked
8 hours he actually worked 9 hours up until July when
he began putting the correct starting and quitting times
and deducting the extra hours worked from the total
hours shown on the cards. -
A review of the timecards and the undisputed testimo-
ny of Jackson and Foreman Weise, who I credit, estab-
lish Jackson was shorted 1 hour of overtime for each of
the following days: in the second quarter: 2-4, 7-11, 14,
16-18, 21-24, and 28-30 June for a total of 19 hours.
Jackson was shorted 1 hour of overtime for each of the
following days in, the third quarter: 1-2, 6-9, 12,- 14-16,
19-23, 26, and 28-30 July; 2-6, 9-13, and 16-20 August;
and 7, 13-14, 16-17, 20-24, and -27-30 September for a
total of 48 hours. For the fourth quarter Jackson was
shorted 1 hour for each of.the following days: 1, 5-8, 11,
13-15, 19, 21-22; and 25-29 October; 2-5, 8-11, 15-17,
22, and 19-30 November; -and 1 December for a total of
32 hours. .
Based on the above evidence, I find Jackson is owed
backpay for the second quarter the amount of $326.04.
The contributions owed to the fringe benefit funds on
Jackson's behalf for the second quarter are $18.05 for va-
cation; $12.35 for pension; $14.25-for health; and 76 cents
for training for a total of $45.41.
The amount of backpay owed to Jackson for.the third
quarter is $823.68. The contributions owed to the fringe
'benefit funds for Jackson for the third quarter are $45.60
for vacation; $31.20 for pension; $36 for health; and
$1.92 for training for a total of $114.72.
For the fourth quarter Jackson is owed backpay in the
amount of $549.12. Contributions owed to the fringe ben-
efit funds for Jackson for the ' fourth quarter are $30.40
for vacation; $20.80 for pension; $24 for health; and
$1.28 for training for a total of $76.48.
The total amount of backpay owed to James Jackson
is $1698.84, and the total amount owed to the fnnge ben-
efit funds on James Jackson's behalf is $236.61 for a com-
bined total of $1935.45: -•
Larry Christenson, who is a member of the Laborers, is
employed by the Respondent and worked there as a
foreman in 1982.-His hourly-base pay rate is $13.42 and
his hourly overtime rate is $20.13. The contribution rates
to the fringe benefit funds are 95 cents for vacation; 65
cents for pension ; 75 cents for health; and 4 cents for
training.
1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Christenson, following a request by Superintendent
McKay, signed an agreement dated 28 May to work 9
hours for 8 hours' pay. Christenson stated this policy, as
applied to him, started in June and lasted until about the
end of October when he went to Bay City 99 and
worked alone most of the time at which time he stopped
working the extra overtime hours without pay. -
The specification alleges Christenson was shorted 15
overtime hours in the second quarter, 36 overtime hours
in the third quarter and 23 overtime hours in the fourth
quarter and payments were not made to the fnnge bene-
fit funds for those hours. The Respondent in its answer
only admits owing Christenson for 9 overtime hours in
the second quarter and for 6.5 overtime hours in the
third quarter and for contributions to the fringe benefit
funds for these hours. However it denies owing for any
overtime hours for Christenson in the fourth quarter.
Christenson credibly testified without denial he and
other foremen were first told by Superintendent McKay
when filling out the timecards to subtract an hour a day
from the actual quitting time . However, McKay later
told him to put the actual starting and quitting times and
to subtract an hour from the total hours shown on the
cards. Christenson- who filled out his own timecards and
stated he did it different ways, denied shorting himself
while working on Respondent's jobsites for the City of
Burton.
A review of Christenson's ' timecards and his undis-
puted testimony, which I credit, reflect he .was shorted.1
overtime hour for each of the following days in the
second quarter: 15-18, 21-25, and 28-30 June for a total
of 12 hours. For the third quarter Christenson was short-
ed 1 overtime hour for each of the following days: 1, 12-
16, 19-23, and 26-30 July; 4-6, 9-13, 23-27, and 30-31
August; and 1-3, 7-10, 13-17, 20-21, 23-24, and 28-30
September for a total of 50 hours. For the fourth quarter
-Christenson was shorted 1 overtime hour for each of the
following days: 1, 4-6, 8, 11-15, 18-22, and 25-28 Octo-
ber for a total of 19 hours.
I find, based on the above evidence, Christenson is
owed backpay for the second quarter in the amount of
$241.56. The contributions owed to the fnnge benefit
funds on Christenson's behalf for the second quarter are
$11.40 for vacation; $7.80 for pension; $9 for health; and
48 cents for training for a total of $28.68.
The backpay owed to Christenson for the third quar-
ter is $1006.50 The contributions owed to the fringe ben-
efit funds for Christenson for the third quarter are $47.50
for vacation; $32.50 for pension; $37.50 for health; and
$2 for training for a total of $119.50.
Christenson's backpay for the fourth quarter is
$382.47. The contributions for the fourth quarter owed
to the fringe benefit funds for Christenson are $18.05 for
vacation; $12.35 for pension; $14.25 for health; and 76
cents for training for a total of $45.41.
The total amount of backpay owed to Larry Christen-
son' is $1630.53 and the total amount owed to the fringe
benefit funds for Christenson is $193.59 for a combined
total of $1824.12.
9 Chnstenson's timecards reflect he first worked on the Bay City job-
site on 29 October
Ben Crawford, who• is a member of the Laborers, was
employed by the Respondent from September through
December. For the third quarter his hourly base rate of
pay was $11.06 and his hourly overtime rate was $16.59
and -for the fourth quarter his hourly base • rate of pay
was $12.06 and his overtime rate was $17.09 an hour.
The hourly contribution rates to the fringe benefit funds
were 95 cents for vacation; 65 cents for pension; 75 cents
for health; and 4 cents for training.
Although- Crawford denied he was asked to work an
overtime hour without pay he heard other employees
talk about doing so.
Crawford worked on two jobs. His supervisor was
Paul Jackson who informed Crawford he would fill out
Crawford's timecards.
The specification alleges Crawford worked 5 overtime
hours in the third quarter and 35 overtime hours in the
fourth quarter for which he was not paid and contribu-
tions were not made to the fringe benefit funds for
Crawford for- those hours. The Respondent in its answer
denies owing for any overtime hours for Crawford in the
third quarter and only admits owing Crawford for 7.5
overtime hours in the fourth quarter and owing the
fringe benefit funds for those hours for Crawford.
A review of the timecards in Respondent's possession
for Crawford and considered in light of Respondent's
practices regarding keeping the times for employees and
requiring them to work an extra hour of overtime reflect
Crawford was shorted 1 hour of overtime for each of the
following days in the third quarter: 24-25, and 29-30
September for a total of 4 hours. Crawford was shorted
1 overtime hour for each of the following days in the
fourth quarter: 1, 4-8, 12-16, 18-19, 21-22, and 25-28
October; 2-5, 8-9, 15-19, and 26 November; and 6, and
8-10 December for a total of 35 hours.
Based on the above evidence, I find Ben Crawford's
backpay for the third quarter is $66.36. Contributions
owed to the fringe benefit funds for Crawford for the
second quarter are $3.80 for vacation; $2.60 for pension;
$3 for health; and 16 cents for training for a total of
$9.56. -
Backpay owed to Crawford for the fourth quarter is
$598.15. The contributions owed to the fringe benefit
funds on Crawford's behalf for the fourth quarter are
$33.25 for vacation; $22.75 for pension; 26.25 for health;
and $1.40 for training for a total of $83.65.
The total amount of backpay owed to Ben Crawford is
$664.51, and the total amount owed to the fringe benefit
funds on Crawford's behalf is $93.21 for a combined total
of $757.72.
Walter Proctor Jr., who is a member of the Laborers,
was employed by the Respondent in 1982 and worked up
until 9 December. Proctor worked on two jobsites and
his foremen were Foreman Jackson and Foreman Larry
Smith. Proctor's hourly base rate of pay for the second
and third quarters was $11.06 and his hourly overtime
rate was $16.59. For the third quarter his base hourly
pay rate was $12.06 and his overtime rate was $17.09.
The hourly contribution rates to the fringe benefit funds
were 95 cents for vacation; 65 cents for pension; 75 cents
for health; and 4 cents for training.
BARKMAN CONTRACTING
Proctor as requested signed an agreement dated 28
May to work 9 hours for 8 hours' pay.
The specification alleges the Respondent owes Proctor
for 20 overtime hours in the second quarter, for 65 over-
time hours in the third quarter, and for 34 hours in the
fourth quarter for which he was not paid and contribu-
tions were not made to the fringe benefit funds for Proc-
tor for those hours. The Respondent in its answer denied
owing for any overtime hours for Proctor for the second
quarter and only admits owing Proctor for 3 overtime
hours for the third quarter and for 3 overtime hours for
the fourth quarter and for contributions to the fringe
benefit funds for those hours.
Proctor did not fill out his own timecards which he
believed were filled out by Foreman Jackson and Fore-
man Smith.
A review of the timecards in Respondent's possession
for Proctor and considered in light of Respondent's prac-
tices regarding keeping the times for employees and re-
quiring them to work an extra hour of overtime reflects
Proctor was shorted an hour of overtime for each of the
following days in the second quarter: 2-4, 7-11, 14, 16-
17, 21-25, and 28-30 June for a total of 19 hours. Proc-
tor was shorted I overtime hour in the third quarter for
each of the following days: 1-2, 6-10, 12-17, 19-23, and
'28-30 July; 2-6, 9-14, 16-20, 23-28, and 30-August; and
7-9, -13-18, 20-24, and -28-30 September for a total of 62
hours. For the fourth quarter Proctor was shorted 1
overtime hour for each of the following days: 1, 5-9, 11-
15, 18-19, 21-22, and 25-29 October; 2-5, 8-9, 17-19,
and 26-30 November; and 1, and 6-8 December for a
total of 35 hours.
I find, based on the above evidence, Proctor is owed
backpay for the second quarter amount of $315.21. The
contributions owed to the fringe benefit funds on Proc-
tor's behalf for the second quarter are $18.05 for vaca-
tion; $12.35 for pension; $14.25 for health; and 76 cents
for training for a total of $45.41.
Backpay owed to Proctor for the third quarter is
$1028.58. The contributions owed to the fringe benefit
funds for Proctor for the third quarter are $58.90 for va-
cation; $40.30 for-pension; $46.50 for health; and $2.48
for training for a total of $148.18.
The amount of backpay owed to Proctor for the
fourth quarter is $598 .15. The contributions owed to the
fringe benefit funds for Proctor for the fourth quarter are
$33.25 for vacation; $22.75 for pension; $26.25 for health;
and $140 for training for a total of $83.65.
The total amount of backpay owed to Walter Proctor
Jr. is $1941.94 and the total amount owed to the fringe
benefit funds for Proctor is $277.24 for a combined total
of $2219.18.
W. Morgan, who is a member of the Laborers, was em-
ployed by the Respondent in 1982. His hourly base rate
of pay was $12.51 and his hourly overtime rate were
$18.77. The hourly contribution rates for the fringe bene-
fit funds were 95 cents for vacation; 65 cents for pension;
75 cents for health; and 4 cents for training.
The specification alleges Morgan worked 23 overtime
hours in the third quarter and 44 overtime hours in the
fourth quarter for which he was not paid and contribu-
tions were not made to the fringe benefit funds for
1077
Morgan for these hours The Respondent in the answer
only admits owing Morgan for 22 overtime hours in the
second quarter and for 31.5 overtime hours in the fourth
quarter and for the contributions to the fringe benefit
funds for these hours.
A review of the timecards in Respondent's possession
for Morgan and considered in light of Respondent's
practices regarding keeping the time for employees and
requiring them to work an extra hour of overtime with-
out pay reflect Morgan was shorted 1 overtime hour for
each of the following days in the third quarter: 16-20,
23-26, and 30 August, and 2, 10, 13-14, 16-17, 20-24,
and 27-30 September for a total of 25 hours. For the
fourth quarter Morgan was shorted 1 overtime hour for
the following days: 1, 4-8, 11-15, 18-19, 21-22, and 25-
29 October; 2-3, 5, 8-11, 15-19, 22, and 29-30 Novem-
ber; and 1, 6-8, and 10 December for a total of 40 hours.
Based on the above evidence, I find Morgan is owed
backpay for the third quarter-in the amount of $469.25.
Contributions owed to the fringe benefit funds for the
third quarter for Morgan are $23.75 for vacation; $16.25
for pension; $18.75 for health; and $1 for training for a
total of $59.75.
Backpay owed to Morgan for the fourth quarter is
$750.80. The contributions for the fourth quarter for
Morgan owed to the fringe benefit funds are $38 for va-
cation; $26 for pension; $30 ' for health; and $1.60 for
training for a total of $95.60.
The total amount of backpay owed.to W. Morgan is
$1220.05, and the total amount owed to the fringe benefit
funds on Morgan's behalf are $155.35 for a combined
total of $1375.40.
Michael Burnash Jr., who is a member of the Laborers,
was employed by the Respondent from 1977 to 1983. His
hourly base rate of pay was $12.62 and his hourly over-
time rate was $18 .93. The contribution rates for the
fringe benefit funds were 95 cents for vacation; 65 cents
for pension; 75 cents for health; and 4 cents for training.
Burnash at the request of Foreman Dick Nelson signed
an agreement dated 28 May to work 9 hours for 8-hours'
pay. -
According to Burnash, who usually filled out his own
timecards, while working on the Carrollton Tjobsite under
Foreman Don Campbell from early September until he
was laid off the end of October he worked an extra hour
of overtime each day -they worked overtime without
being paid for it.
The specification alleges Burnash worked 15 overtime
hours in the third quarter and 15 overtime hours in the
fourth quarter without being paid and contributions were
not made to the fringe benefit funds for those hours for
Burnash. The Respondent in its answer only admits
owing Burnash for 11.5 overtime hours in the third quar-
ter and owing contributions to the fringe benefit funds
for those hours and denies owing for any overtime-hours
for Burnash for the fourth quarter. -
A review of Burnash's timecards and his undisputed
testimony which I credit reflect he was shorted an hour
of overtime for each of the'following' days in the third
quarter: 7-10, 13, 16, 20-21, and 28-30 September for a
total of 11 hours. For the fourth quarter Burnash was
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shorted 1 hour of overtime for each of the following
days: 1-2, 4-8, 11-15, 18-19, and 21 October for a total
of 15 hours.
I find on the basis of the above evidence Burnash is
owed backpay for the third quarter, in the amount of
$208.23. Contributions owed _to the fringe benefit funds
for the third quarter on Burnash 's behalf are $10:40 for
vacation; $7.15 for pension; $8.25 for health; and 44 cents
for training for a total of $26.24.
Backpay for the fourth quarter owed to Burnash is
$283.95. The contributions owed to the, fringe benefit
funds for Burnash for the fourth quarter are $14.25 for
vacation; $9.75 for pension; $11.25 for health; and 60
cents for training for a total of $35.85.
The total amount of backpay owed to Michael Bur-
nash Jr is $492.18, and the total amount of contributions
owed to the fringe benefit funds for Burnash is $62.09 for
a combined-total of $554.27.
B. Analysis and Conclusions
The General Counsel contends the Respondent owes
the 36 claimants 'a total of $47,129.74 in backpay and
$10,451.70 in contributions to the fringe benefit funds for
a combined total of $57,581.44 plus interest. The Re-
spondent asserts it only owes a total of $30,562.41 in
backpay and a total of $7,033.92 in contributions to the
fringe. benefit funds for a combined total of $37,596.33.
The law is well settled that while the general burden
of proof is, on the General Counsel to establish the gross
backpay over the backpay period, a respondent has the
burden of proof to show diminution of that amount.
Berry-Mahurin Construction, 273 NLRB 841 (1984);
Mastro Plastics Corp., 136 NLRB 1342, 1346 (1962), enfd.
345 F.2d 170 (2d Cir. 1965), cert. denied 384 U.S. 972
(1966). -The burden of any uncertainty in restoring- the
status quo .,through the Board' s remedial order is on the
respondent as the wrongdoer. See Graphiac Communica-
tions Local-.4 (San Francisco Newspaper Agency), .272
NLRB 899 (1984).
The above findings establish,the amounts of backpay,
the Respondent owes to each, of the claimants during.
each quarter of the backpay period and the amounts of
contributions owed to the fringe benefit funds on their
behalf. In making such findings, except to the extent pre-
viously indicated in, determining , the number of overtime
hours the claimants worked for which they were not
paid, I find the Respondent has failed to establish, as is
its burden, diminution of these amounts of backpay and
contributions found for each of the claimants. - '
On these findings of fact and conclusions of law and
on the entire record, I issue the following recommend-
ed10 '
ORDER
The Respondent, Barkman Contracting,, Inc., Flint,
Michigan, its officers, agents, successors; and assigns,
10 If no exceptions are filed as provided by Sec 10246 of the Board's
Rules and Regulations, the findings , conclusions, and recommended
Order shall , as provided in Sec. 102 48 of the Rules, be adopted by the
Board and all-objections to them shall be deemed waived for all pur-
poses
-
shall make whole each of the claimants listed below by
payment to them the amounts of backpay due as shown
plus interest i i computed in the manner described in Flor-
ida Steel Corp., 231 NLRB 651 (1977), and accrued to
the date of payment, minus tax withholding required-by
Federal and state'laws and pay to the appropriate fringe
benefit funds covered by the collective-bargaining agree-
ments between the Respondent and the International
Union of Operating Engineers,- Local No. 324, AFL-
CIO and the Laborers' International Union of North
America, State of Michigan Laborers' District. Council
the amounts of contributions owed on behalf of each
claimants as listed plus interest computed in the manner
described in Florida Steel, supra and accrued to the date
of payment: 12
NAME BACK-PAY .
FRINGE
BENEFIT
FUNDS
TOTAL
William Farman $1,609.56 $537 14 $2,146.70
P.L. Delaney 1,375.20 466.78 1, 841.98
R.L. Lawrence 248.30 84.28 332.58
E. Bolanowski 343.80 - 116.94 460.74
D. Mitchell - 744.90 252.84 997.74
Lloyd Dailey - 955.00' 324.14 1,279.14
D. Campbell 1,528.00 518 64 2,046.64
Harry Osontoski 1,489.80 505 67 1,995 47
J. Richards ' 38.20 11.97 50.17
Lester Schwiderson 1,967.30 668 13 1,635.43
John Lawrence 1,41340 479.74 1, 893.14
A. Bedell 974.10 330.63 1,304.73
C. Taylor 1,671.25 567.26. 2,238.51
Ray Crawford 907.25 466.78 1,374.03
Rodney Crawford 1,757.20 596 43 2,353 63
Walter Proctor Sr. , 2,120 10 719.60 2,839 70
C. Burnash 1 ,297.22 175 06 1,472.28
Norm Cannoy 714.10 86.93 801.03
Richard Cannoy 1,816.92 246.17 2,063 09
Ray Dykes 1,482 46 187 80 1,670.26
J Farr 231.00 3206 . 263.06
John McKay 1,907.50 250.51 - 2,158.01
Roy.Ozier 1,52064 210 36 1,731.00
Paul Shillair 1,843.28 248 56 2,091.84
Earl Shillair 1,570.50 215.10
- 1,785.60'
Dennis Starkey 652 08 90.92 743.00
James Weise 2,174.04 258.12 2,432.16
A Brewer 1 ,571.68 210 32 1,782 00
Dennis Firman 396.06 5009 .44615-
P. Jackson 1,751 31 207.93 1,959.24
James Jackson 1,698 84 236.61 1,945.35.,
Larry Christenson 1,630.53 193,59 1,824.12
Ben Crawford - 664.51. 93.21 757.72-
Walter Proctor Jr 1,941.94 27724 2,219 18
W. Morgan • - 1,220.05 155 35 A,375-40
Michael Burnash Jr. 492.18 6209 - .554.27-
Grand Totals $45,720.20 $10,134.99 $55, 855.19
1 1 No basis exists, as urged by the Respondent in its brief, for finding
that interest be tolled as of 31 December 1983 ' - • -
12 The Operating Engineers' request for a broader' remedy regarding -
the Respondent 's failure to make the required contributions to the fringe
benefit funds is rejected Not only does the specification fail to allege
such remedies sought but the violation involved here was not • a failure to
make any contributions to the fringe benefit funds where such'a remedy ;
may be appropriate but only a partial failure to make such contributions: