Hedison Mfg. Co.

National Labor Relations Board - Board Decisions

Mar 27, 1984

269 N.L.R.B. 415 (N.L.R.B. 1984)

HEDISON MFG. CO.
Hedison Manufacturing Company and Rhode Island
Workers Union, Local 6, Service Employees
International Union, AFL-CIO. Cases 1-CA-
14050, 1-CA-14085, 1-CA-14086, 1-CA-
14273, 1-CA-14274, and 1-CA-14600
27 March 1984
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS ZIMMERMAN, HUNTER, AND
DENNIS
On 27 May 1980 the National Labor Relations
Board issued a Decision and Order in Cases 1-CA-
14050, 1-CA-14273, 1-CA-14274, and 1-CA-
14600, this proceeding,' and on 26 March 1981 it
issued a Supplemental Decision and Order in Cases
1-CA-14085 and 1-CA-14086. 2 In these decisions,
the Board ordered, inter alia, that the Respondent
make whole certain employees for their losses re-
sulting from the Respondent's unfair labor prac-
tices. On 11 March 1981 the United States Court of
Appeals for the First Circuit enforced in full the
Board's Order in 249 NLRB 791.3 A controversy
having arisen over the amount of backpay due to
employees under the terms of the Board's Orders,
the Acting Regional Director for Region 1, on 6
May 1983, issued a backpay specification and
notice of hearing, and on 11 May 1983 issued an
erratum thereto, alleging the amounts of backpay
due. On 19 July 1983 the Respondent filed its
answer to the backpay specification, in which it
"admits all allegations in the Specification and as
modified by the Erratum."4
On 5 December 1983 the General Counsel filed
with the Board in Washington, D.C., a "Motion to
Transfer Case to Board and for Summary Judg-
ment," with exhibits attached. In his motion, the
General Counsel moved that a Supplemental Deci-
sion and Order be issued (1) granting liquidation of
the Respondent's back wage and interest debts in
specified amounts and for the backpay periods al-
leged for each discriminatee in the backpay specifi-
cation and its appendices, (2) ordering the Re-
spondent to pay those debts according to proce-
dures under the Bankruptcy Code, and (3) ordering
Respondent, as administrator of the "Hedison Man-
ufacturing Company Pension Plan and Trust," to
calculate the future credits due each discriminatee
for their wage entitlements and their years of serv-
' 249 NLRB 791.
2255 NLRB 339.
s 643 F.2d 32 (Ist Cir.).
4 In its answer the Respondent "denies that any violations ... were
done intentionally and were done merely upon the advice of prior coun-
sel." Suffice it to say that the Respondent's culpability for the unfair
labor practices committed is no longer in question.
269 NLRB No. 80
ice during the "backpay period" alleged in the
backpay specification, appendix 4(a)-4(nn), and to
prepare and provide to the Regional Director for
Region 1 a schedule of those future pension credits,
together with a calculation of any appropriate con-
tributions which may be necessary for the Re-
spondent to fund the additional pension credits.
The Respondent did not file a response to the
motion. Subsequently, on 8 December 1983, the
Board issued an order transferring the proceeding
to the Board and a Notice to Show Cause why the
General Counsel's Motion for Summary Judgment
should not be granted. The Respondent did not file
a response to the Notice to Show Cause.
In his Motion for Summary Judgment, the Gen-
eral Counsel states-that on 21 October 1981 the Re-
spondent filed a petition for relief under Chapter 11
of the Bankruptcy Code, and that the Respondent
has operated as a debtor-in-possession under the
code since the filing of the petition.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
In light of the Respondent's admissions, there is
no question raised as to the truth and accuracy of
the allegations in the backpay specification. Thus,
on the uncontroverted provisions of the backpay
specification, and in accordance with the unop-
posed motion of the General Counsel for summary
judgment, no cause having been shown by the Re-
spondent why the motion should not be granted,
the Board finds the facts set forth in the backpay
specification, concludes that the net backpay and
interest due each employee is as stated in the com-
putations of the specification,6 and orders that pay-
ment thereof be made by the Respondent to each
employee named below.6
ORDER
The National Labor Relations Board orders that
the Respondent, Hedison Manufacturing Company,
Lincoln, Rhode Island, its officers, agents, succes-
sors, and assigns, shall
1. Make whole each of the employees named
below by payment to them, according to proce-
dures under the Bankruptcy Code, the amounts set
forth adjacent to their names, plus interest comput-
' Except as otherwise indicated, the General Counsel has calculated in-
terest on all backpay to 21 October 1981, the date of the Respondent's
filing of its bankruptcy petition; the General Counsel has specifically re-
served further interest on postpetition backpay.
6 Member Hunter did not participate in the Board's consideration of
the underlying unfair labor practices. In agreeing to grant the General
Counsel's motion and to order the payment to employees of the amounts
set forth in the backpay specification, Member Hunter expresses no opin-
ion on the merits of these cases, which are not presently before the
Board.
415
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ed in the manner described in Florida Steel Corp.,
231 NLRB 651 (1977) (see generally Isis Plumbing
Co., 138 NLRB 716 (1962)), and accrued to the
date of payment, minus tax withholdings required
by Federal and state laws.
Employee
Linda Archambeault Bousquet
Leslie Barbeau
Lisa Barbeau Nadeau
Daniel Bedard
Kathleen Bourque
Daniel Carr
Mark Caya7
Annette Chicoine
Ivory Clements?
Blanche Descy
Therese Dolinski
Helen Dufresne Steeves
Carol Durand
Tracey Fitzpatrick
Theresa Gaulin
Luba Green
Marilyn Jellison
Mary Kucharski
Maurice Kujawski
Beverly LaFerriere
Suzanne Lariviere
Jane Lavoie
Rachel Leduc Theroux
Shirley Leonard
Anthony Lopes
Marion Lymburner
Total
Backpay
$1,982.12
1,199.48
864.01
778.58
3,332.31
7,125.30
24,436.44
+ 12,000.00
+ 25,203.57
202.06
21,712.16
+'1,119.34
+ 213,694.32
9,710.80
1,697.24
5,578.52
2,038.91
116.10
1,819.70
14,008.37
1,087.35
0.00
11,272.72
1,594.26
2,435.57
1,897.24
2,246.24
1,463.76
3,637.53
526.52
Interest (to
10/21/81)
$575.42
350.19
257.93
250.55
316.78
1,816.05
4,449.46
0.00
3537.62
65.02
3,931.94
5.66
s2,068.47
2,334.39
501.73
1,284.25
601.21
37.36
528.49
2,907.12
323.22
0.00
1,845.40
468.59
722.58
554.84
188.71
427.83
1,111.69
158.35
Employee
Deborah Marsella
Laycie Monteiro
Annette Philopovich
Sandra Rattie
Thomas Rattie
Therese Robertson
Helene Rondeau Mitchell
Susan Sherman
Cheryl Silva
Thomas Ferreirra
Glen Hutloff
Thomas Lawton
Gary McKiernan
Russell Moison
Total Interest (to
Backpay 10/21/81)
0.00
85.35
1,567.56
1,275.21
867.44
507.34
6,819.54
18,202.66
1,231.70
6,619.99
9,641.86
1,384.89
23,225.25
9,419.72
0.00
27.47
463.81
278.35
274.92
163.26
1,605.33
3,542.81
396.36
1,944.03
1,858.88
445.65
5,382.44
2,181.06
t 507(aX3) priority.
2 507(aX1) priority.
3 Interest to 6/30/83.
2. As administrator of the Hedison Manufactur-
ing Company Pension Plan and Trust, calculate the
future credits due each of the employees named in
paragraph 1 above for their wage entitlements and
their years of service during the "backpay period"
set forth in the backpay specification, appendix
4(a)-4(nn) and prepare and provide to the Regional
Director for Region I a schedule of those future
credits, together with a calculation of any appro-
priate contributions which may be necessary for
the Respondent to fund the additional pension
credits.
I In his backpay specification, the General Counsel alleges, and the
Respondent in its answer admits, prioritization of certain amounts owed
to employees Caya and Clements, in accordance with the provisions of
the Bankruptcy Act, II U.S.C. § 507 (Priorities).
416