Laborers Local 135 (Bechtel Power Corp.)

National Labor Relations Board - Board Decisions

Nov 24, 1993

313 N.L.R.B. 260 (N.L.R.B. 1993)

260
313 NLRB No. 35
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 311 NLRB 617.
2 The claims for an eighth discriminatee, Rita McMillan, had been
finally computed in an earlier decision. 301 NLRB 1066 (1991).
3 The Board noted that the General Counsel had inadvertently stat-
ed the amounts waived for Poorman for the wrong quarter. The
Board identified the correct amounts waived for Poorman and the
total claims consequently made on his behalf.
4 311 NLRB at 617. The General Counsel has moved that the at-
tachment be stricken from the Respondent’s response. For reasons
too plain to require explanation, we shall grant the motion.
5 Interest is to be computed in the manner prescribed in New Hori-
zons for the Retarded, 283 NLRB 1173 (1987).
Laborers Local No. 135 (Bechtel Power Corpora-
tion and General Building Contractors Associa-
tion) and Andrew Huggins and Judith B.
Chomsky. Cases 4–CB–4204 and 4–CB–4256
November 23, 1993
THIRD SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND RAUDABAUGH
On May 28, 1993, the National Labor Relations
Board issued a Second Supplemental Decision and
Order in this proceeding.1 In that decision, the Board
granted in its entirety the General Counsel’s Motion
for Summary Judgment regarding the backpay claims
on behalf of Wilson Bradley and Randy Huggins. The
Board also granted summary judgment regarding the
claims on behalf of Harold Coates, Fred Gray, Andrew
Huggins, Roy Poorman, and George Scott except con-
cerning the issue of their interim earnings for certain
specified quarters. The Board remanded the proceeding
to the Regional Director for the purpose of arranging
for a hearing on the issue of interim earnings for those
claimants for the specified time periods, and for the
final computation of make-whole relief for each of the
seven discriminatees.2
On August 9, 1993, the General Counsel filed a mo-
tion for issuance of final order with the Board, with
attachments. The General Counsel advised the Board
that the Charging Parties and Coates, Gray, A. Hug-
gins, Poorman, and Scott, through their attorney, had
waived any claims for backpay for the time periods
specified in the Board’s Second Supplemental Decision
and Order. Because the only issues to be decided on
remand were the amounts of interim earnings for those
discriminatees for the specified quarters, and their net
backpay, if any, for those time periods, the General
Counsel argued that there was no further need for a
hearing on remand. Accordingly, the General Counsel
moved that the Board issue a final Order reflecting the
make-whole relief owed to all of the discriminatees, as
computed in the motion.
On September 20, 1993, the Board issued a Notice
to Show Cause why the Board should not grant the
General Counsel’s motion and issue a final order con-
taining the amounts owed to each discriminatee, as
claimed by the General Counsel.3 The Respondent
filed a response, and the General Counsel and the
Charging Parties filed replies.
We agree with the General Counsel and the Charg-
ing Parties that the Respondent’s response does not ad-
dress the subject of the Notice to Show Cause, i.e.,
whether the Board should issue a final order awarding
the amounts of make-whole relief claimed in the Gen-
eral Counsel’s corrected motion. Instead, the Respond-
ent reiterates many of the same arguments the Board
has rejected as either lacking in merit or as not having
been raised in a timely fashion. Indeed, the Respond-
ent has attached to its response a copy of its answer
to an earlier Motion for Summary Judgment, even
though the Board previously rejected that answer as
untimely filed.4 Accordingly, the Respondent has not
shown good cause why the Board should not grant the
General Counsel’s motion. Therefore, we shall issue
the order as requested.
ORDER
The National Labor Relations Board orders that the
Respondent, Laborers Local No. 135, its officers,
agents, and representatives, shall pay the following
amounts, plus interest,5 to the following discriminatees
(or, in the cases of Wilson Bradley and Roy Poorman,
who are deceased, to their representatives):
Wilson Bradley Backpay $3,599.40
Pension Credits 584.78
Harold Coates Backpay $17,063.54
Pension Credits 3,282.62
Vacation Pay 133.57
Fred Gray Backpay $18,438.64
Pension Credits 7,909.23
Vacation Pay 404.75
Andrew Huggins Backpay $42,241.55
Pension Credits 4,927.31
Vacation Pay 154.32
Randy Huggins Backpay $1,435.21
Pension Credits 116.14
Rita McMillan Backpay $27,161.73
Pension Credits 2,262.65
Roy Poorman Backpay $37,244.96
Pension Credits 4,708.74
Vacation Pay 280.42
George Scott Backpay $32,068.10
Pension Credits 4,431.30
Vacation Pay 272.21
Medical Expenses 2,215.25
IT IS FURTHER ORDERED that the attachment to the
Respondent’s response to the Notice to Show Cause is
stricken from the response.
261LABORERS LOCAL NO. 135 (BECHTEL POWER CORP.)
MEMBER DEVANEY, dissenting.
I dissented from the Board’s granting partial sum-
mary judgment and remanding this proceeding in the
Second Supplemental Decision and Order and in its
issuance of the Notice to Show Cause. I, therefore, do
not join my colleagues in this Third Supplemental De-
cision and Order.