M & B Contracting Corp.

National Labor Relations Board - Board Decisions

Jul 29, 1988

290 N.L.R.B. 775 (N.L.R.B. 1988)

M & B CONTRACTING CORP. 775
M & B Contracting Corporation and Robert Wil-
liamsen and William Tyynismaa. Cases 7-CA-
14386, 7-CA-14580, and 7-CA-14575
July 29, 1988
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND BABSON
On June 29, 1983, Administrative Law Judge
Leonard M . Wagman issued the attached backpay
decision ' and on July 13, 1983 , granted without
opposition from the Respondent the General Coun-
sel's motion to correct the decision by adding to
Appendix B, Schedule B-2, the attached document
that reflects the manner in which the backpay of
Tyynismaa was computed for the first and second
quarters of 1980 . The Respondent filed exceptions
and a supporting brief.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has considered the decision and the
record in light of the exceptions and briefs and has
decided to affirm the judge 's rulings , fmdings,2 and
conclusions only to the extent consistent with this
Supplemental Decision and Order.
The judge properly found that Tyynismaa is en-
titled to recover the sum of $46,738.54 plus interest
to make him whole for the loss of earning he suf-
fered by reason of the discrimination against him.
The judge also properly found that Tyynismaa and
Williamsen were respectively entitled to pension
fund contributions of $4121 and $3673 plus interest
for each amount.
However, the judge rejected a settlement agree-
ment executed by Williamsen in consideration of
the Respondent's payment of $10,000 to him as full
resolution of his backpay claim, and found instead
that Williamsen was entitled to $30, 108.11 plus in-
terest, less the $ 10,000 already paid him , to make
him whole for the loss of earnings he suffered by
reason of the discrimination against him. We dis-
agree for the reasons given below.
1 The Board with court approval found in 1979 that the Respondent
terminated William Tyynismaa and Robert Williamson in violation of the
Act and directed that the Respondent make them whole for any loss of
earnings they may have suffered as a result of its unfair labor practices.
245 NLRB 1215 (1979), enfd . 653 F.2d 245 (6th Cir . 1981).
a 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 363 (3d Cir. 1951).
We have carefully examined the record and find no basis for reversing
the findings.
For purposes of evaluating non-Board settle-
ments of backpay and other remedial orders, Amer-
ican Pacific Concrete Pipe Co., 290 NLRB 134
(1988), incorporated from Independent Stave Co.,
287 NLRB 740 (1987), the following factors that
the Board had taken into account in approving a
non-Board settlement of an unfair labor practice
complaint : (1) whether the charging party(ies), the
respondent(s), and any individual discriminatee(s)
have agreed to be bound , and the position taken by
the General Counsel ; (2) whether the settlement is
reasonable in light of the nature of the violations
alleged, the risks inherent in litigation, and the state
of the litigation ; (3) whether there has been any
fraud , coercion, or duress by any of the parties in
reaching the settlement; and (4) whether the re-
spondent has engaged in a history of violations of
the Act or has breached previous settlement agree-
ments . The Board in Independent Stave was also
careful to stress that the foregoing list was not ex-
haustive, leaving the door open to the consider-
ation of other factors that parties in future cases
might urge as relevant.
However, at the time of the hearing in the in-
stant case, in February 1983, the governing law
was stated in Michael M. Schaefer, 261 NLRB 272,
273 (1982), enfd . 697 F.2d 558 (3d Cir. 1983), cert.
denied 464 U.S. 945 (1983), a decision that was not
overruled until American Pacific. Under that rule an
individual could not compromise "any backpay
which might be due him (or her)," because reim-
bursement of the amount owed was regarded as a
"public right which only the Board or the Region-
al Director may settle" (emphasis added). It is,
therefore, not surprising that , on the objection of
counsel for the General Counsel, the judge here
limited the purpose for which the settlement agree-
ment was being admitted , accepting it only as evi-
dence of the amount that had actually been paid to
Williamsen , which could be offset against the
amount finally determined to be due. Although
there was some questioning of Williamsen by the
Respondent's counsel, by the counsel for the Gen-
eral Counsel , and by the judge concerning William-
sen's reasons for accepting the settlement and the
circumstances surrounding his acceptance , counsel
for the General Counsel had no particular incen-
tive to explore the subject thoroughly.
Thus, there was no occasion to introduce what if
any evidence existed about the factors set forth
above, including particularily whether there was
any fraud, duress, or coercion in securing the set-
tlement agreement.
Given the particular facts, here, the current
record does not afford us sufficient evidence by
which to assess the appropriateness of the settle-
290 NLRB No. 86
776 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
ment. Therefore, we remand this portion of the
case for a further hearing. Accordingly, we shall
substitute the following Order for the judge's sup-
plemental Order.
ORDER
The National Labor Relations Board orders that
the Respondent, M & B Contracting Corporation,
Novi, Michigan, its officers, agents, successors, and
assigns, shall pay to the following employess the
sums shown below plus interest thereon accrued to
the date of payment, computed in the manner pre-
scribed in New Horizons for the Retarded, 3 minus
any tax withholding required by Federal or state
law.
William Tyynismaa
Backpay-$46,738.54
Pension Contributions-$4,121.00
Robert Williamsen
Pension Contributions-$3,673.00
IT IS FURTHER ORDERED that the portion of this
proceeding relating to the settlement of William-
sen's backpay claim is remanded to Administrative
Law Judge Leonard M. Wagman for the purpose
of reopening the record in order that the parties
may present relevant evidence regarding the settle-
ment in light of our decision. Thereafter, the judge
shall prepare and serve on the parties a second sup-
plemental decision containing findings of fact, con-
clusions of law, and a recommended Order in light
of the Board's remand . Following service of such
second supplemental decision on the parties, the
provisions of Section 102.46 of the Board's Rules
and Regulations shall be applicable.
MEMBER JOHANSEN , dissenting in part.
Contrary to my colleagues, I would accept the
settlement reached by employee Williamsen and
the Respondent. In my view, the record adequately
establishes that Williamsen agreed to a reasonable
settlement in circumstances free of any fraud, coer-
cion, or duress. Accordingly, the settlement should
be upheld. See American Pacific Concrete Pipe Co.,
290 NLRB 134 ( 1988).
S 283 NLRB 1173 (1987). Interest on and after January 1, 1987, shall be
computed at the "short -term Federal rate" for the underpayment of taxes
as set out in the 1986 amendment to 26 U.S.C. § 6621 . Interest on
amounts accrued prior to January 1, 1987 (the effective date of the 1986
amendment to 26 U.S.C. § 6621 ), shall be computed in accordance with
Florida Steel Corp., 231 NLRB 651 (1977).
Any interest applicable to pension fund contributions shall be paid in
accordance with the criteria set forth in Merryweather Optical Co., 240
NLRB 1213 (1979).
George Mesritz, Esq., for the General Counsel.
Gregory& Muzingo, Esq. (Butzel, Long, Gust, Klein &
Van Zile), of Detroit, Michigan , for the Respondent.
SUPPLEMENTAL DECISION
LEONARD M. WAGMAN, Administrative Law Judge.
This supplemental proceeding to determine the amounts
of backpay due, respectively , to Robert Williamsen and
William Tyynismaa , who were unlawfully terminated by
Respondent M & B Contracting Corporation ' was heard
by me on February 7, 1983 , at Detroit, Michigan, on the
General Counsel 's backpay specification issued on De-
cember 3 , 1982 , and thereafter amended at the hearing
and the Respondent's answer. Following the hearing, Re-
spondent and the General Counsel filed briefs.
On the record before me, and from my observation of
the demeanor of the witnesses , and after careful consid-
eration of the briefs, I make the following
FINDINGS OF FACT
I. THE ISSUES
On consideration of the amended specification and the
Respondent's answer , I find that the issues presented by
the pleadings are: (1 ) whether the calendar quarter ex-
penses and net interim earnings set forth for Williamsen,
in schedule D-1, and for Tyynismaa, in schedule D-2 are
true ; (2) whether the net interim earnings by calendar
quarters deducted from calendar quarter gross pay to
yield calendar quarter net backpay for discriminatee Wil-
liamsen in schedule E- 1 and for discriminatee Tyynismaa
in schedule E-2 and the expenses shown for each were
true ; (3) whether Tyynismaa would have been disabled
from working for Respondent during the third and
fourth quarters of 1978 ; (4) whether the Respondent was
obligated to make fringe benefit contributions on behalf
of Williamsen and Tyynismaa during the backpay period;
and (5) whether Robert Williamsen was entitled to
$30,124.11 in backpay and $3673 in fringe benefit funds,
and whether William Tyynismaa was entitled to
$47,149.02 in backpay and $4121 in fringe benefit funds.
II. THE BACKPAY SPECIFICATION
A. The Facts
On December 3, 1982, the Regional Director for
Region 7 issued and duly served on the Respondent a
backpay specification and notice of hearing alleging the
amount of backpay due employees Williamsen and Tyyn-
ismaa, respectively, and further the amounts that Re-
spondent was obligated to pay on behalf of Williamsen
and Tyynismaa to the Central States Southeast and
Southwest Areas Pension Fund, pursuant to collective-
bargaining agreements in effect during the backpay peri-
ods. At the hearing, the General Counsel amended
' The Board with court approval found that the Respondent terminat-
ed Williamsen and Tyynismaa in violation of the National Labor Rela-
tbons Act and directed that Respondent make the two whole for any loss
of earnings they may have suffered as a result of its unfair labor prac-
tices. M & B Contracting Corp., 245 NLRB 1215 (1979), enfd . 653 F.2d
245 (6th Cir. 1981).
M & B CONTRACTING CORP. 777
schedule D-1 of the specification by removing a claim
for $16 in expenses that resulted in a total of $ 1809.03 as
total interim earnings for Williamsen for the second
quarter of 1978 . The General Counsel also amended
schedule D-2 of the specification by eliminating expenses
claimed by William Tyynismaa amounting to $410.48 and
revising Tyynismaa's total interim earnings for the
second quarter of 1978 to $4308 .41. After making these
amendments, the General Counsel rested his case. In its
answer regarding the expenses and interim earnings
claimed for Williamsen and Tyynismaa in the specifica-
tion, Respondent asserted that it "is without sufficient in-
formation to form a belief as to the truth or falsity of
said interim earnings and expenses."
The specification asserted that although Tyynismaa
was unable to work for his interim employer during the
third and fourth quarters of 1978, he would have not
been disabled from employment by Respondent during
the same period . In its answer, the Respondent asserted
that Tyynismaa's disability would have prevented him
from working for Respondent during the third and
fourth quarters of 1978.
The Company also contended that it had no obligation
to make any fringe benefit contributions on behalf of
either Williamsen or Tyynismaa during the backpay
period . Finally, the Respondent in its answer challenged
the accuracy of the stated interim earnings and expenses
"as well as the periods of time that the discriminatees
were unavailable for work and/or did not diligently seek
to mitigate their losses."
At the hearing, the Company did not present any evi-
dence in support of its allegations regarding the backpay
claim of Robert Williamsen. Instead , the Company
showed that Robert Williamsen on December 3, 1982,
executed a settlement agreement under which he re-
ceived $ 10,000 from Respondent in return for his agree-
ment to release the Company from any further claims
growing out of his unlawful discharge as found by the
Board in the instant cases.
In support of contentions made for the first time in its
brief, Respondent argued that Tyynismaa was not enti-
tled to backpay because of his questionable credibility
and the inaccuracy of his reports to the Regional Direc-
tor of his interim earnings. In support of this position,
Respondent, at the hearing, introduced Tyynismaa 's testi-
mony and related documents . Tyynismaa's testimony
showed only that he had no detailed recollection of his
interim earnings. He attempted to explain the approxima-
tion that he had furnished to Board Agent Berman in a
letter dated January 1980, when he attempted to provide
data relating to his interim earnings . Respondent's exami-
nation of Tyynismaa also demonstrated that he could not
explain several deductions in his income tax returns as
prepared by his accountant . However, Tyynismaa's testi-
mony showed that during the tax year 1979 , one of the
years under scrutiny, he and his wife kept informal
records that he did not review and that he turned over
to his accountant for preparation of their joint tax return.
The extent of the inaccuracies in Tyynismaa's estimate of
his interim earnings was demonstrated by his assertion in
his letter to Board employee Berman that in both the
third and fourth quarter of 1979, his estimated gross in-
terim earnings were $40,000. His testimony and his
income tax return for that year indicate that in fact his
income for those two quarters was substantially less than
$80,000. However, as he pointed out, he believed that he
was not entitled to backpay for those two quarters, and
thus had no interest in being accurate.
Collective-bargaining agreements in effect between
September 1977 and August 1980 required the Company
to make weekly contributions to the Central States
Southeast and Southwest Areas Pension Fund on behalf
of Williamsen and Tyynismaa between September 1977
and August 1978 , thus a weekly contribution of $28 per
employee . For the period between September 1978 and
August 1979, that obligation rose to $31, and between
September 1979 and August 1980, it was $37.
B. Analysis and Conclusions
Respondent contended that Tyynismaa was not enti-
tled to recover any backpay on the ground that he was
unable to account for his interim earnings credibly. Re-
spondent further contended that the settlement agree-
ment between itself and Williamsen was entitled to ac-
ceptance by the Board as complete resolution of Wil-
liamsen's backpay claim under the specification. Finally,
the Respondent denied that it was obligated to make any
fringe benefit contributions on behalf of either William-
sen or Tyynismaa during the backpay period presented
here. I find no merit in these contentions.
The "fording of an unfair labor practice ... is pre-
sumptive proof that some back pay is owed ." NLRB v.
Mastro Plastics Corp ., 354 F .2d 170, 178 (2d Cir. 1965),
cert. denied 384 U.S. 972 (1966). The General Counsel's
burden in a backpay proceeding is simply to show the
gross backpay due the claimant . Mastro Plastics Corp.,
136 NLRB 1342, 1346 (1962). Once that is done in the
backpay specification, the employer has the burden of es-
tablishing affirmative defenses that would mitigate liabil-
ity including wilfull loss of earnings and interim earnings
to be deducted from the backpay award . NLRB v Brown
& Root, Inc ., 311 F.2d 447, 454 (8th Cir. 1963); Southern
Household Products, 203 NLRB 881 fn. 2 (1973); Heinrich
Motors, 166 NLRB 783 (1967).
Here, the Respondent failed to sustain its burden of es-
tablishing the infirmities that its answer attributed to the
specification . Respondent presented no evidence to rebut
the Regional Director's backpay and fringe benefit deter-
minations regarding Williamsen. Nor has Respondent
sustained its burden of showing that the Regional Direc-
tor's determinations regarding the backpay and fringe
amounts due William Tyynismaa were inaccurate.
Respondent contended that Tyynismaa should not re-
ceive any backpay on the ground that he willfully con-
cealed interim earnings from the Regional Director. I
find this contention lacking in substantiation.
Respondent argued that the Board's decision in Great
Plains Beef Co., 255 NLRB 1410, 1415 (1981), required
denial of backpay to Tyynismaa. There , the Board de-
clined to award backpay to employee Ferman D. Trotter
on the ground that he willfully concealed interim earn-
ings from the Regional Director . Respondent has made
no such showing in the instant case, regarding Tyynis-
778 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
maa. Here , all that Tyynismaa's testimony showed was
that he was not an informative witness. His testimony
did not show that he withheld information regarding any
interim employment from the Regional Director or that
he otherwise attempted to conceal his earnings.
In sum , the Company has failed to present sufficient
evidence to sustain the affirmative defenses challenging
the specification.
Board policy does not support Respondent's conten-
tion that Williamsen and. Tyynismaa were not entitled to
weekly pension contributions as provided in the collec-
tive-bargaining agreement that covered them during the
backpay period. For the Board has recognized that its
backpay orders , include such contributions. Carpenters
Local 347 (Newton Associates), 231 NLRB 688, 690
(1977).
In agreement with the General Counsel, I conclude
that under Board policy, I cannot accept Respondent's
agreement with Williamsen as a complete settlement of
the latter's backpay claim . Thus, as the Board stated in
Michael M. Schaefer, 261 NLRB 272, 273 (1982):
It is well settled that an individual may not waive,
bargain away, or compromise any backpay which
might be due him (or her) since it is not a private
right which attaches to the discriminatee, but is,
indeed, a public right which only the Board or the
Regional Director may settle.
This quoted policy requires that I reject the settlement
agreement executed by Robert Williamsen in consider-
ation of the payment of $10,000 by Respondent to him as
full resolution of his backpay claim. However, the
$10,000 that Williamsen received will be deducted from
the total amount due him under the instant order. I
therefore find that Robert Williamsen is entitled to re-
cover the sum of $30,108.11 plus interest to make him
whole for the loss of earnings he suffered by reason of
the discrimination against him.2 I also find that William-
sen is entitled to pension fund contributions totaling
$3673 plus interest.3
I further find that William Tyynismaa is entitled to re-
cover the sum of $46,738.54 plus interest to make him
whole for the loss of earnings he suffered by reason of
the discrimination against him.4
I also find that Tyynismaa was entitled to pension fund
contributions totaling $4,121 plus interest.5
[Recommended Order omitted from publication.]
Attachment A
William Tyynismaa-Average Backpay Computation
Yr./Qtr. Dates Employee WeeksWorked
Total
Hrs.
Avg.
Hrs./
Total Pay Day for
Avg.
Avg. Pay/
Hrs/ Day for
Avg.
Pay/ Hrs./ Hr . / P y P y Wks.
Worked 6-Day
Wk
Week 6-Day
Wk
Week Day Wk. Day Wk Worked
1980/1 12/23- #1....... 11 411.5 $4 , 588.50 37.41 $417.14
3/22 1/1-
2/23
& 3/3-
3/22
1980/1 2/23- #2....... 13 470.25 5,346.03 - 36.17 - 411.23 36.79 - $414.19 12
3/22 12/23
3/22
73.58 $828.37
1980/2 3/23- #2....... 2 62 622.52 - 31 331.26 31 - 331.26 2
6/21 3/23-
3/29
&
4/13-
4/19
2 App . A, Schedules A through E-1, shows the manner in which Wil- 4 App . B, Schedules B-2 through E-2, shows the manner in which
liamsen's backpay was computed. Tyynismaa's backpay was computed.
8 App . A, Schedules F-1, shows Williamsen's entitlement to pension ° See App . B, Schedule F-2, shows Tyynismaa's entitlement to pension
fund contributions. contributions.
M & B CONTRACTING CORP. 779
APPENDIX A APPENDIX A-Continued
M & B Contracting Corporation Cases 7-CA-14386, M & B Contracting Corporation Cases 7-CA-14386,
7-CA-14575, and 7-CA-14850 7-CA-14575, and 7-CA-14850
Robert Williamsen-Overtime Pay-Schedule A Robert Williamsen-Overtime Pay-Schedule A
Yr./Qtr. Pay Period OT Hrs. • OT PayRare"
Overtime
Pay Yr./Qtr. Pay Period OT Hrs. •
OT Pay
Rate"
Overtime
Pay
1977/3 Sept. 7-10 17.34 $14.12 $244.84 1977/3 Sept. 26-
1977/3 Sept. 12-17 22 14. 12 310.64 Oct. 1 22 14. 12 310.64
1977/3 Sept. 19-24 22 14. 12 310.64 83.34 $1176.76
• Based on average 22 overtime hours /6-day week 2.33
overtime hours Monday-Friday 10.35 overtime hours, Saturday.
•• 1-1/2 times regular pay rate of 9 .41/hour.
Robert Williamsen-Avg. Backpay Computation-Schedule B-1
Avg. Avg.
Yr /Qtr tD Em-
Weeks Total
H T t l P
Hrs/
D f
Avg.
H /
Pay/
D f Avg. Pay/
Avg.
H /
Avg.
H /
Avg.
P /
Avg. Avg.
P / Wk. . a es Ployee rsWorked *
o a ay ay or rs ay or Week rs. rs ay ay .Worked 6-Day Week 6-Day Day Wk Day Wk Worked
Wk Wk
1978/4 9/25- # 1. 13 552.5 $6,040. 12 - 42.50 - $464.62
12/23 9/25-
12/23
1978/4 9/25- #2. 13 582.5 6,546.85 44.81 - 503 .60 - 43 .66 - $484.11 1
12/23 9/25-
12/23
............ 87.31 $968.22
1979/1 12/24- #1 6.67 205 2, 125.74 - 30.73 - 322.75
3/24 Quit 12/24-
2/22. 1/13 &
1/28-
2/22
1979/1 12/24- #2. 11 347.25 3,630 .31 - 31.57 - 330.03 31 . 15 - 326.39 1
3/24 12/24-
1/13 &
1/28-
3/24
............ 62.3 $652.78
1979/2 3/25- #1 8.83 459.75 5,416.86 - 52.07 - 613.46
6/23 re- 4/24
hired 6/23
4/24.
1979/2 #C. #2. 13 585 .25 6,923.82 - 45 .02 532.61 - 48 .55 - 573.04
3/25- 3/25-
6/23 6/23
............ 97.09 $1,146.07
1978/1 12/26- #1. 1 56.75 516.46 9.46 - 86.08 - 9.46 - 86.08 -
3/26 2/6-
2/12
1978/1 12/26- # 1. 6 361 .25 3,586.05 - 60.21 - 597 .68 - - - -
3/26 2/13-
3/26
780 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
-Continued
Robert Williamsen-Avg. Backpay Computation-Schedule B-1
Avg. Avg.
Em- Weeks
Total Hrs. / Avg. Pay/ Avg. Pay/
Avg. Avg Avg. Avg Avg
Yr. /Qtr. Dates
ployee Worked
Hrs. Total Pay Day for Hrs./ Day for
Week
Hrs. / Hrs. / Pay/ Pay/ Wks
Worked* 6-Day Week 6-Day Day Wk. Day Wk. Worked
Wk. Wk
1978/1 #2. 5.67 258.5 2,827.26 - 45.59 - 498.63 - 52.9 - 548.16
hired 2/17-
2/17. 5/26
......... 105.80 $1,096.31
1978/2 3/27- #1, 12 681.25 6,980.23 - 56.77 - 581.69 - - - -
6/25 3/27-
4/2 &
4/10-
6/25
1978/2 P3/27- #2. 11 707.5 7,225.98 - 64.32 - 656.91 - 60.55 - 619.30
6/25 4/10-
6/25
............ 121.09 $1,238.60
1978/3 6/26- #1. 13 710.5 7,932.32 - 54.65 - 610. 18 - - - -
9/24 6/26-
9/24
1978/3 6/26- #2. 13 825.25 9,495.21 - 65.56 - 730.40 - 60.11 - 670.29
9/24 6/26-
9/24
............ 120.21 $1,340.58
1979/3 6/24- #1. 14 651.5 7,581.38 - 46.54 - 541.53
9/29 6/24-
9/29
1979/3 6/24- #2. 14 710.25 8,396.17 - 50.73 - 599.73 - 48.64 - 570.63
9/29 6/24-
9/29
............ 97.27 $1,141.26
1979/4 9/30- #1. 12 580 7,022.40 - 48.33 - 585.20
12/22 9/30-
12/22
1979/4 9/30- #2. 12 651.25 8,037.72 - 54.27 - 699.81 - 51.30 - 627.51
12/22 9/30-
12/22
............ 102.6 $1,255.01
1980/1 12/23- #1. 11 411.5 4,588.50 - 37.41 - 417.14
3/22 1/1-
2/23 &
3/3-
3/22
1980/1 12/23- #2. 13 470.25 5,346.03 - 36.17 - 411.23 - 36.79 - 414.15
3/22 12/23-
3/22
............ 73.58 $828.37
1980/2 3/23- #2. 2 62 662.52 - 31 - 331.26 - 31 - 331.26
6/21 3/23-
3/29 &
4/13-
4/19
* Excludes vacation pay & hours.
M & B CONTRACTING CORP. 781
APPENDIX B-Continued
Robert Williamsen-Gross Backpay-Schedule C-1 Robert Williamsen-Net Interim Earnings-Schedule D-1
Yr./Qtr. Na f ull. Avg Avg. Grass Yr /Qtr Interim Em loyer Net InterimPay/Day pay/Wk Backpay . . p Earnings'
1978/1 5 days (Feb. Total $ 4, 156.00
7-11)........... $88.06 $ 430.30
1978/1 6 days (Feb.
13-Mar.
1978/4 Hayball Trucking, Inc., 12550
Farmington Road , Livonia, MI
26) .............. - $548 . 16 3,288.96 48150 $4,624.47
..................... 3 719 26, . Total $41624 471978/2 11.5 ................. - 619.36 7, 121.95
.
1978/2 48 hrs.
vacation
1979/1 N/A 0
pay@9;
1979/2 Electra Construction, Inc., P.O.
Box 207 13560 Nine Mile Road41/hr.......... - 451.68 451.68 , ,
South Lyon MI 48178 496 04$6..................... - 7,573.63 , .,
1978/3 13 .................... - 670.29 8,713.77 Total $6,496.04
1978/4 13 .................... - 484. 11 6,293.43 1979/3 Manzo & Sakalian Inc. 49041979/ 1 11 .................... - 326.39 3,590.29
, ,
MI 48042Triwood Milford 191.4161979/2 13 .................... - 573.04 7,449.52
, ,
Inc 12250Hayball Trucking
,
1979/2 48 hrs.
vacation
, .,
Farmington Road , Livonia, MI
a
48150 1 ,998.35
yp
@10.16/hr.. - 487 . 68 487.68 Total $8,189.76
..................... 7,937.20
1979/3 14 .................... - 570.63 7,988.82 1979/4 Hayball Trucking, Inc., 12250
1979/4 12 .................... - 627 .51 7,530.12 Farmington Road , Livonia, MI
1980/1 12 .................... - 414. 19 4,970.28 48150 $5,995.05
1980/2 2 ........... - 331 26 662 52.......... . . Total 05$5 9951980/2 96 hrs. , .
vacation ..... 1,021.44 1,021.44 1980/1 N/A 0
Total .............. $1,683.96 1980/2 N/A 0
APPENDIX B
Robert Williamsen-Net Interim Earnings-Schedule D-1
* Gross interim earnings-expenses-net interim earnings.
(See 1978/2.)
Yr. /Qtr. Interim Employer Net InterimEarnings'
1978/1 N/A 0
1978/2 Construction Restoration, Inc.
34326 Goddard Road Romulus,
MI 48174
ARS Day School, 19300 Ford
$1,609.53
Road, Dearborn, MI 48128 199.50
Gross Interim Earnings $1,809.03
Total $1,809.03
1978/3 Construction Restoration, Inc.,
34326 Goddard Road, Romulus,
MI 48174
Hayball Trucking, Inc., 12550
Farmington Road, Livonia, MI
1,073.02
48150 3,082.98
Robert Williamsen-Backpay-Schedule E-1
Yr./Qtr. Gross Backpay Interim Earnings Net Backpay
1978/1 $3,719.26 0 $3,719.26
1978/2 7,573.63 1,809.03 5,764.60
1978/3 8,713.77 4,156.00 4,557.77
1978/4 6,293 .43 4,624.47 1,668.96
1979/1 3,590.29 0 3,590.29
1979/2 7,937 .20 6,496.04 1,441.16
1979/3 7,988 .82 8,189.76 0
1979/4 7,530. 12 5,995 .05 1,535.07
1980/1 4,970.28 0 4,970.28
1980/2 1,683.96 0 1 ,683.96
$28,931.35
782 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
-Continued
Robert Williamsen-Fringe Benefits-Schedule F-1
Yr. /Qtr. No. of Wks.
..................................
9/77 - 8/78 -$28
9/78 - 8 /79 -$31
9/79 - 8/80 -$37
1978/1 7 ............................................................ $ 196
1978/2 13 ......................................................... 364
1978/3 13 .........................................................
10 wks. 280..
3 wks . 93 ......................................... 373
1978/4 13 ......................................................... 403
1979/1 13 ......................................................... 403
1979/2 13 ......................................................... 403
1979/3 14 .........................................................
10 wks. 310
4 wks . 148 ....................................... 458
1979/4 12 ......................................................... 444
1980/ 1 13 ......................................................... 481
1980/2 4 ........................................................... 148
$3673
Pension Weekly
Contribution
William Tynnismaa-Backpay-Schedule E-2
William Tynnismaa-Interim Earnings-Schedule D-2
Ytr. /Qtr.
1978/3
1978/4
1979/1
1979/2
Yr./Qtr. Dates Employ-
ee
Net Interim
Earnings
Disability Insurance $1,280
Total $1,280
Disability Insurance $2,080
Total $2,080
Unknown $1,820
Total $1,820
Unkown $1,820
William Tynnismaa-Interim Earnings-Schedule D-2
Ytr./Qtr. Interim Employer
1979/3
1980/1
Net Interim
Earnings
1980/2 Potter Moving & Storage Co. 0
1300 North Campbell Rd.
P.O. Box 98
Royal Oak, MI 48068
Total 0
Yr./Qtr. Gross Backpay
William Tyynismaa-Avg. Backpay Computation-Schedule B-2
Avg. Avg.
Weeks Total Hrs. / Avg. Pay/ Avg. Pay/
Worked Hrs. Total Pay Day for Hrs. / Day for WeekWorked 6-Day Week 6-Day
Wk. Wk.
1977/4 9/25- #1 ...
12/25
1977/4 9/25-
12/25
#I ...
Interim Employer
1 45 $522.27 7.5 - 87.05 -
10/17-
10/23
9 507 4,889.41 - 56.33 - 543.27
10/24-
12/25
7.5 - 87.05
1977/1 $5,063 . 53 $1,497 . 15 $3,566.38
1978/1 6,638 . 45 1,898.01 4,740.44
1978/2 7.535.99 4,308 . 21 3,277.78
1978/3 8,713 . 77 1,280.00 7,433.77
1978/4 6,293.43 2,080.00 4,213.43
1979/1 3,590.29 1,820.00 1,770.29
1979/2 7 , 937.20 1,820.00 6,117.20
1979/3 7,988.82 2,609 . 48 5,379.34
1979/4 7,530 . 12 2,609.48 4,920.64
1980/1 4,970.28 1,242.41 3,727-87
1980/2 1,641.40 - 1,641.40
$46,738.54
Total $2,609.48
Self-employed/Potter $1 ,242.41
Moving & Storage Co. (approx.)
1300 North Campbell Rd.
P.O. Box 98
Royal Oak, MI 48068
Total $ 1,242.41
Total $1,820
Self-employed/Corrigan $2,609.48
Moving & Storage
2000 Westwood
Dearborn , MI 48124
Avg. Avg. Avg. Avg. Avg.
Hrs. / Hrs. / Pay/ Pay/ Wks.
Day Wk. Day Wk. Worked
Net Interim
Earnings
Net Backpay
1
56.33 - $543.27 9
M & B CONTRACTING CORP.
-Continued
William Tyynismaa-Avg. Backpay Computation-Schedule B-2
783
Avg. Avg.
Employ- Weeks Total Hrs/ Avg Pay/ Avg Pay/ Avg. Avg. Avg. Avg. Avg.Yr./Qtr. Dates ee Hrs.Worked Total Pay Day for Hrs/ Day for Week Hrs/ Hrs/ Pay/ Pay/ WksWorked 6-Day Week 6-Day Day Wk. Day Wk. Worked
Wk Wk.
1978/ 1 12/26- # 1... 13 706 6,794.71 - 54.31 - 522.67 13
3/26 (12/26-
3/26)
1978/ 1 12/26- #2... 5.67 258 .5 2,827.26 - 45 .59 - 498 .63 - 49.95 - 510.65
3/26 Hired (2/17-
2/17/71 1. 3/26)
.............. 99.9 $1 ,021.30
19782 3/27- #1... 12 681 .25 6980.23 - 56.77 - 581 .69 11.5
6/25 3/27-
4/12 &
4/10-
6/25
1978 2 3/27- #2... 11 707 .5 7,225 .98 - 64.32 - 656.91 - 60.55 - 619.30
6/25 4/10-
6/25
.............. 121.09 $1 ,238.60
1978/3 6/26- # 1... 13 710.5 7,932.32 - 54. 65 - 610.18 13
9/24 6/26-
9/24
1978/3 6/26- #2... 13 852.25 9,495 .21 - 65 .56 - 730.40 - 60. 11 - 670.29
9/24 6/26-
9/24
.............. . 120.21 $1 ,340.58
1978/4 9/25- # 1... 13 552.5 6,040. 12 - 42 .5 - 464.62 13
12/23 9/25-
12/23
1978/4 9/25- #2... 13 582 . 5 6,546.85 - 44.81 - 503.60 - 43 .66 - 484.11
12/23 9/25-
12/23
.............. 87.31 $968.22
1979/1 12/24 #1 6.67 205 2, 152.74 - 30.73 - 322.75 11
3/24 Quit 12/24-
2/22. 1/13 &
1/28-
P2/22
1979/ 1 12/24 #2 ... 11 347 .25 3,630.31 - 31 . 57 - 330.03 - 81 . 15 - 326.39
3/24 12/24-
1/13 &
1/28-
3/24
.............. 62.30 $652.78
19792 3/25- #1 8 .83 459 . 75 5,416.86 - 52 .07 - 613.46
6/23 Re- 4/24-
hired 6/23
4/24.
19792 3/25- #2... 13 585 .25 6,923 .92 - 45 .02 - 532.61 - 48 . 55 - 573.04
6/23 3/25-
6/23
.............. 97.09 $1 , 146.07
784 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
-Continued
William Tyynismaa-Avg. Backpay Computation-Schedule B-2
Avg. Avg.
Employ- Weeks
Total Hrs/ Avg. Pay/ Avg Pay/ Avg. Avg. Avg. Avg. Avg.
Yr. /Qtr. Dates
ee Worked Hrs.
Total Pay Day for Hrs./ Day for Week Hrs. /
Hrs. / Pay/ Pay/ WIm
Worked 6-Day Week 6-Day Day Wk. Day Wk Worked
Wk Wk
1979/3 6/24- #1... 14 651.5 7,581.38 - 46.54 - 541.53
9/29
1979/3 6/24- #2... 14 710.25 8,396.17 - 50.73 - 599.73 - 48.64 - 570.63 14
9/29
.............. 97.27 $1,141.26
1979/4 9/30- #1... 12 580 7,022.40 - 48.33 - 585.20
12/22
1979/4 9/30- #2... 12 651.25 8,037.72 - 54.27 - 669.81 - 51.3 - 627.51 12
12/22
.............. 102.6 $1,255.01
Exlcudes vacation pay and hours.
William Tyynismaa-Gross Backpay-Schedule C-2
Yr. /Qtr. No. of Wks Avg. Avg. GrossPay/Day Pay/Wk Backpay
1977/4 2 days (Oct.21 + 22) ................................................................................ 87.05 - $ 147.10
1977/4 9 (10/24-12/25) .......................................................................................... - 543.27 4,889.43
.................................................................................................................. $5,063.53
1978/1 13 ................................................................................................................ - 510.65 6,638.45
1978/2 11.5 ............................................................................................................. - 619.30 7,121.95
1978/2 44 hrs . vacation pay @ 9 .41/hr ............................................................... - 414.04 414.04
...................................................................................................................... - 7,535.93
1978/3 13 ................................................................................................................ - 670.29 8,713.77
1978/4 13 ................................................................................................................ - 484.11 6,293.43
1979/1 11 ................................................................................................................ - 326.39 3,590.29
1979/2 13 ................................................................................................................ - 573.04 7,449.52
1979/2 48 hrs. vacation pay @ 10.16/hr ............................................................. - 487.68 487.68
.................................................................................................................. 7,937.20
1979/3 14 ................................................................................................................ - 570. 63 7,988.82
1979/4 12 ................................................................................................................ - 627.51 7,530.12
1980/1 12 ................................................................................................................ - 414.19 4,970.28
1980/2 2 .................................................................................................................. - 331.26 622.52
1980/2 96 hrs. vacation pay @ 10.64/hr ............................................................. 978.88 978.88 1,641.40
$67,903.28
M & B CONTRACTING CORP. 785
-Continued
William Tyynismaa-Interim Earnings-Schedule D-2 William Tyynismaa-Interim Earnings-Schedule D-2
Yr./Qtr. Interim Employer Net InterimEarnings
Net InterimYr./Qtr. Interim Employer Earnings
1977/4 Eisenhour Construction Co., Inc
P.O. Box 1450
$ 931.41 Saginaw, MI
Gross Interim Earnings $4,308.21
East Lansing , MI 48823 Total $4,308.21
Rose Moving and Storage 565.74 * Gross interim earnings - expenses - Net interim earnings.
25125 Ford Rd.
Dearborn, MI 48128
(See 1978/2.)
Total $ 1,497.15
1978/ 1 Rose Moving and Storage
25125 Ford Rd.
Dearborn, MI 48128
$ 1,898.01
William Tyynismaa-Fringe Benefit-Schedule F-2
Total $ 1,898.01
1978/2' Rose Moving and Storage
25125 Ford Rd.
$1,898.01 Yr./Qtr. Na of Pension WeeklyWeeks Contribution
Dearborn, MI 48128
Mayflower Moving & Storage $1 ,464.47 ...................................... 9/77-8/78-$28
P.O. Box 1078 ...................................... 9/78-8/79-$31
9998 N. Michigan Rd. ...................................... 9/79-8/80-$37
Indianapolis Indiana 48206, 1977/4 10 $280
Gene Fan $625.00 1978/1 13 ...................................... 364
Indianapolis, Indiana 1978/2 13 10 wks 280 ............. 364
Dan's Trucking & Leasing , Inc, $80.64 1978/3 13 3 wks 93 ................. 373
P.O. Box 93 1978/4 13 403
Allen Park, MI 48101 1979/1 13 ...................................... 403
Great Lakes Aggregates $56.29 1979/2 13 10 wks 310 ............. 403
30945 Five Mile 1979/3 14 4 wks 148 ............... 458
Livonia MI 48154, 1979/4 12 ...................................... 444
Eisenhour Construction Co., Inc , $33.80 1980/1 13 ...................................... 481
P.O. Box 1450 1980/2 4 ...................................... 148
East Lansing, MI 48823
$4,121
William Sowle $ 150.00