Newton Associates

National Labor Relations Board - Board Decisions

Aug 29, 1977

231 N.L.R.B. 688 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Brotherhood of Carpenters and Joiners of
America, Local Union No. 347, AFL-CIO (New-
ton Associates) and Charles T. Summers and
Jimmy Herrington. Cases 14-CB-3068 and 14-
CB--3072-1
August 29, 1977
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
PENELLO AND MURPHY
On May 27, 1977, Administrative Law Judge
George Norman issued the attached Decision in this
proceeding.' Thereafter, the General Counsel filed
an exception and a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the record and the
attached Decision in light of the exceptions and brief
and has decided to affirm the rulings, findings, and
conclusions of the Administrative Law Judge and to
adopt his recommended Order, as modified herein. 2
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge, as
modified below, and hereby orders that the Respon-
dent, United Brotherhood of Carpenters and Joiners
of America, Local Union No. 347, AFL-CIO,
Mattoon, Illinois, its officers, agents, and representa-
tives, shall take the action set forth in the said
recommended Order, as so modified:
Delete the balance of the sentence after the words
"his name" and substitute the following: "in accor-
dance with the formulas set forth in F. W. Woolworth
Company, 90 NLRB 289 (1950), Isis Plumbing &
Heating Co., 138 NLRB 716 (1962), and Florida Steel
Corporation. "3:
' The Board's original Order in this proceeding is not reported in bound
volumes of Board Decisions.
2 The General Counsel excepts to that portion of the Administrative Law
Judge's recommended Order requiring Respondent to deduct state and
Federal taxes from the backpay due each discriminatee. We find merit in
this exception inasmuch as it is well settled that payment of' backpay by a
labor organization is not treated as wages paid by or on behalf of an
employer. International Photographers of the Motion Picture Industries, Local
659 of the International Alliance of Theatrical Stage Employees and Moving
Picture Machine Operators of the United Slates and Canada (MPO-TV of
California, Inc., Y-A Productions, Inc.), 216 NLRB 633. fn. 2 (1975);
International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers
of America, Local 249, AFL-CIO (Lancaster Transportation Company), 116
NLRB 399, 400 (1956), enfd. 244 F.2d 292 (C.A. 3, 1957).
231 NLRB No. 65
In the absence of further exceptions, we adopt the Administrative Law
Judge's conclusions and recommendations.
I In accordance with our decision in Florida Steel Corporation, 231
NLRB 651 (1977), we shall apply the current 7-percent rate for periods prior
to August 25, 1977, in which the "adjusted prime interest rate" as used by
the Internal Revenue Service in calculating interest on tax payments was at
least 7 percent.
SUPPLEMENTAL DECISION
GEORGE NORMAN, Administrative Law Judge: On June
19, 1976, the Board, pursuant to Section 10(c) of the
National Labor Relations Act, as amended, and Section
102.48 of the National Labor Relations Board Rules and
Regulations, Series 8, as amended, adopted the findings
and conclusions of the Administrative Law Judge as
contained in his Decision, and ordered United Brother-
hood of Carpenters and Joiners of America, Local Union
No. 347, AFL-CIO, herein Respondent, its officers, agents,
and representatives, to take the action set forth in the
recommended Order of the Administrative Law Judge.'
The foregoing Board Order was issued after no statement
of exceptions had been filed with the Board within the time
allowed by Board regulations.
The Board found that, by preferring internal charges
against Clifford Kirby, Sr., and Charles T. Summers in
retaliation for their filing unfair labor practice charges
against it, Respondent violated Section 8(b)(1)(A) and
Section 2(6) and (7) of the Act. The Board also found that,
by failing to refer Jimmy Herrington, Clifford Kirby, Jr.,
Clifford Kirby, Sr., and Wayne Kirby for employment at
Newton Associates because they filed, or were named as
discriminatees in, unfair labor practice charges against it,
Respondent further violated Section 8(b)(1)(A) of the Act.
The Board ordered Respondent to make the aforemen-
tioned individuals whole for any loss of pay or other
benefits resulting from the discrimination, the backpay to
be computed on a quarterly basis, plus interest at 6 percent
per annum in accordance with F. W. Woolworth Company,
90 NLRB 289 (1950), and Isis Plumbing & Heating Co., 138
NLRB 716 (1962), and to offer them referrals to the next
available jobs for which they were qualified at Newton
Associates, their former place of employment. 2 On January
31, 1977, the Regional Director for Region 14 issued a
backpay specification and notice of hearing, to which
Respondent duly filed an answer. 3 The matter was heard
before me in Charleston, Illinois, on February 23, 1977. A
posttrial brief was filed on behalf of the General Counsel; a
one-page memorandum was filed on behalf of Respondent.
United Brotherhood of Carpenters and Joiners of America, Local
Union No. 347, AFL-CIO (Newton Associates). Case 14-CB-3068, 14-CB-
3072 1, JD-287-76 (issued May 3, 1976. by Administrative Law Judge
Marion C. Ladwig), adopted by the Board on June 18. 1976, in the absence
of exceptions.
2 Upon application of the Board to the United States Court of Appeals
for the Seventh Circuit, on January 5, 1977, the court entered an order
enforcing the Board's Order of June 18, 1976 (76-2238).
3 Respondent's answer raised certain issues which were raised at the
hearing before the Administrative Law Judge with respect to which the
Administrative Law Judge made specific findings in his Decision referred to
above.
By motion dated February 16, 1977, the General Counsel moved to strike
688
CARPENTERS, LOCAL UNION NO. 347
Upon consideration of the entire record,4 the General
Counsel's brief, and the memorandum on behalf of
Respondent, I make the following:
FINDINGS AND CONCLUSIONS
In its one-page posthearing memorandum, Respondent
contends the following:
Jimmy Herringto [sic] and Clifford Kirby, Jr. were
engaged in the contracting business under the name of
J & S Enterprises. the [sic] built a house for Jerome
"Chesty" Hartke. They borrowed the money from the
First National Bank of Effingham. Mr. Marry was the
financial officer that handled the transaction.
James Herrington and Clifford Kirby, Jr. admitted
that they working [sic] and drawing unemployment
compensation at the same time. Local Union 347 has a
signed agreement with the unemployment office that
allows the out of work members to have a card signed
(enclosed) so they will not have to seek work other than
through the union. The card must be signed once a
month. Neither of these men had their card signed. they
[sic] were not seeking work. Also, these men could not
turn down work and still draw compensation.
Under these circumstances I cannot see why Local
347 would be liable for wages during this period.
The issue of self-employment of Jimmy Herrington and
Clifford S. Kirby, Jr., was left open at the hearing.5
The General Counsel called Jimmy K. Herrington as his
first witness. He testified that he and Clifford S. Kirby, Jr.,
also known as Sam Kirby and referred to herein as Sam
Kirby, entered into a partnership for the purpose of
building a home under contract for a friend, Jerome
Hartke. The partnership was called J & S Enterprises. The
house was to be built in Teutopolis, Illinois, a short
distance from Effingham, Illinois. Herrington and Sam
Kirby received a letter of commitment from Hartke
through a savings and loan institution in Effingham, and
then cosigned a note with Hartke at a bank in order to
obtain a loan.
Construction of the Hartke house commenced in the
second week of January 1976, and was completed in the
last week of May 1976. The partners made no specific
arrangements with respect to the time they would spend
building the house other than they would work in their
spare time, including weekends, until the house was
completed. They also made arrangements' with Hartke that
they were to remain available for other work if they were
referred to ajob by the Union.
Herrington lived on a farm in Newton, Illinois, which is
30 miles from Effingham. He made arrangements with his
wife that she or someone else was to be at home 24 hours a
day to answer the phone. If she got a call from the Union,
she was to call Sam Kirby's wife who lived in Effingham
Respondent's answer on the basis that (I) the findings of the Administrative
Law Judge are resjudicata, and with respect to those matters they should be
considered admitted and (2) the Respondent failed to answer specifically as
required by the regulations the allegations contained in pars. I through 12 of
the backpay specification and notice of hearing. I granted the motion.
Errors in the transcript have been noted and corrected.
General Counsel also moved to amend "Appendix B" of the
and who would in turn take the message to Herrington and
Sam Kirby if they happened to be on the Hartke house
construction job at the time.
That was the only construction project that the partner-
ship of Herrington and Sam Kirby worked on since their
last employment through the Union. Herrington testified
that since March 5, 1976, he was in the union hall three or
four times, attended union meetings, and called the union
hall numerous times. In response to Business Agent
McWilliams' questions, Herrington testified that he was
out of work for 9 months waiting for a call from
McWilliams, during which time he drew unemployment
compensation even while working on the Hartke construc-
tion project.
Herrington said he called the assistant business agent,
Larry Butler, in June 1976, and told him that he had gone
to Oklahoma and checked with the locals down there and
that, if he could get a clearance card from Butler, he would
clear out of Butler's local and enter a local in Oklahoma
and relieve Butler of the responsibility of referring him out
of his local. He said that at first Butler responded that it
was impossible; that he could not do it; that he could not
sign a clearance card; but then stated, "I will get it in the
mail today." 6 Herrington also testified that he called Butler
about work, took his union book in and paid union dues,
and, in the month of June 1976, went to a local business
meeting with Sam Kirby.
Sam Kirby's testimony corroborated that of Jimmy
Herrington. Both testified without contradiction that they
lost money on the Hartke house and neither received any
wages for constructing the house. Sam Kirby testified that,
when McWilliams became the business agent, McWilliams
requested that Sam Kirby sign a slip of paper (at a meeting)
indicating that Sam Kirby had asked McWilliams if there
was any work available. At the time McWilliams told him
that "they were talking about hiring some millwrights
down at the plant."
Business Agent McWilliams testified that Sam Kirby did
contact his office one time, sometime after March 5, 1976,
for work and that that was the only time he could recall
having heard from Sam Kirby with respect to seeking
work. He further testified that he did not recall whether
Sam Kirby's name was on the work list to go to work after
March 5. He believed it might have been but it was too
long ago to remember positively. McWilliams said that his
office never contacted or attempted to contact either
Clifford S. Kirby, Jr., or Jimmy Herrington for the purpose
of referring them to a job.
Herrington and Sam Kirby formed their own construc-
tion firm for the purpose of building a house for Hartke in
the absence of referrals from Respondent. They made
arrangements to receive any referrals from Respondent
while so employed, but none was made. They had not
removed themselves from the labor market and were ready
at any time to accept appropriate referrals. The evidence
specifications to reflect certain corrections of figures in the specifications
that were brought to the attention of the General Counsel prior to the
heanng. Without objection from the representative of Respondent, the
motion was granted.
6 There is no evidence that a clearance card was ever mailed to
Hemngton. He did visit his mother in Oklahoma, leaving her address with
Butler before he left.
689
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shows clearly that Herrington and Sam Kirby had no
interim earnings as a result of their joint venture to build a
house for Hartke but, in fact, sustained a loss. A
discriminatorily discharged employee must make reason-
able efforts to secure new employment substantially
equivalent to the position from which he was terminated.
N.L.R.B. v. Miami Coca-Cola Bottling Company, 360 F.2d
569, 575 (C.A. 5, 1966). A discriminatee's effort to obtain
interim employment need only be an "honest good-faith
effort." N.L.R.B. v. Cashman Auto Company and Red Cab
Company, 223 F.2d 832, 836 (C.A. 1, 1955). I am satisfied
that both met that test.
The Board has a longstanding rule that, while the general
burden of proof is upon the General Counsel to establish
the damage which has resulted from Respondent's estab-
lished discriminatory discharge, i.e., the gross backpay over
the backpay period, the burden of proof is upon the
Respondent as to diminution of damages, whether from the
willful loss of earnings by the failure to either look for or
keep a substantially equivalent job or from the unavailabil-
ity of a job for some reason unconnected with the
discrimination. Phelps Dodge Corporation v. N.LR.B., 313
U.S. 177 (1941); N.L.R.B. v. Reed & Prince Manufacturing
Co., 130 F.2d 765 (C.A. I, 1942); Monroe Feed Store, 122
NLRB 1479 (1959); Brown and Root, Inc., et al., 132 NLRB
486 (1961); Mastro Plastics Corporation, 136 NLRB 1342
(1962). Respondent attempted to show that Herrington at
no time advised the Union of his out-of-work status.
Herrington testified that he had talked on at least four
occasions to Financial Secretary Butler concerning his
work status. Butler, who was present in the courtroom, did
not testify. Thus, Respondent has failed to meet its burden
of proof and the credible evidence establishes that
Herrington did not remove himself from the labor market.
Neither Jimmy Herrington nor Clifford S. Kirby, Jr.,
removed themselves from the labor market or incurred
willful loss of earnings due to their self-employment.
Therefore, I shall recommend that they be awarded the
amount of backpay as set forth in the backpay specifica-
tion.
McWilliams stated that he was not contesting the way
Mr. Hayden, the compliance officer in the Regional Office,
calculated the backpay. He said that he did not question
that whatsoever. When I asked whether he meant he was
not questioning the formula or the method on which the
backpay was computed, his response was that he was not.
I find that the appropriate measure of hours each of the
discriminatees could have worked is the average hours
worked per week, by calendar quarter, by all carpenters
who remained in the employ of the employer, Newton
Associates, during the backpay period. The backpay period
for Jimmy Herrington begins September 28, 1975, the date
the employer would have recalled him, and ends June 30,
1976. The backpay period for Clifford S. Kirby, Jr. (Sam
Kirby), begins on September 30, 1975, the date the
7 Clifford S. Kirby, Sr.. and Wayne Kirby were present in the courtroom
during the proceedings and available to testify if Respondent wished to call
them.
I Average hours worked by the Carpenters who remained in the
employment of Newton Associates for Quarter 1976-4 are used for Quarter
1975 3 because the discriminatees would have worked only a fraction of this
quarter.
employer would have recalled him, and ends June 21, 1976.
The backpay period for Clifford S. Kirby, Sr.,7 begins
September 11, 1975, the date the employer would have
recalled him, and ends June 21, 1976. The backpay period
for Wayne Kirby begins October 6, 1975, the date he would
have been recalled by the employer, and ends June 21,
1976.
The average hours worked by all carpenters who
remained in the employ of Newton Associates from
September 11, 1975, through June 30, 1976, is as follows:
Mth. Carps. Total Hra. Adi. Avg. Br.
1975-4 8 Oct. 32
Nov. 38
Dec. 37
5,779.5 180.6
5,647 148.6
5,749 155.38
(34.61) ./
1976-1 Jam. 21 2,805 133.57
lrb. 22 3,163 143.77
Mar. 29 4,903.5 169.09
(37.20) 10/
1976-2 Apr. 29 4,415 152.24
Yny 20 3,152 157.6
June 26 4,836.5 186.01
(35.42) 1.1/
Quarterly gross backpay for each discriminatee was
determined by multiplying the hours, as determined above,
by the wage rate each discriminatee would have received
during the backpay period. The hourly rate for carpenters
at the time Respondent failed to refer the discriminatees
was $9.65. Effective May 1, 1976, the hourly rate was
increased to $10.55.
Each discriminatee is entitled to contributions to the
Carpenters pension fund which the employer would have
contributed to on their behalf at the rate of 30 cents per
man-hour during the backpay period as follows:
PAYrNT TO CARPESTEkS PENSION FUND
JIMMY K.HERRINGTON
1975-3,-I 13.4 vik., 34.61
1976-1 13 vks., 37.2
1976-2,-3 13.2 vks., 35.42
CLIFFORD S. .*
1975-3,-4 13.2 vk.., 34.6
1976-1 13 vks., 37.2
1976-2,-3 11.8 vks., 35.42
CLIFFORD S.KIRBT.SR.
1975-3 2.8 vks., 34.6
1975-4 13 wks., 34.6
1976-1 13 vki., 37.2
1976-2 11.8 vuk., 35.42
WAYNE KIRB
1975-4 12 vka., 34.6
1976-1 13 vks., 37.2
1976-2 11.8 vka., 35.42
hra. R 5.30 $139.13
hra. 61 $.30 145.08
hr.. ' 5.30 140.26
hrs. e $.30 $137.06
br.. a 5.30 145.08
hr.. e 5.30 125.39
hr.. 4 5.30
bra. - $.30
hra. e 5.30
hrs. a S.30
$ 29.07
134.98
145.08
125.39
hr.. a 8.30 5124.60
hrt. 5$.30 145.08
hra. 4 S.30 125.39
TOTAL 51,661.59
9 Average weekly hours for the quarter are computed by dividing the
total adjusted average hours for the quarter by 14 weeks. The period covered
is September 24, 1975, through December 30, 1975.
i0 Average weekly hours for the quarter are computed by dividing the
total adjusted hours for the quarter by 12 weeks.
ii Average weekly hours for the quarter are computed by dividing the
total adjusted hours for the quarter by 14 weeks.
690
CARPENTERS, LOCAL UNION NO. 347
Jimmy K Herrington: Herrington's backpay period
begins September 28, 1975, and continues through June 30,
1976. Herrington's rate of pay from September 28, 1975,
through April 30, 1976, would have been $9.65 per hour.
From May 1, 1976, through June 30, 1976, his rate of pay
would have been $10.55 per hour. Herrington's gross
backpay through June 30, 1976, is as follows:
For the third quarter of 1975, September 28 through
September 30, .4 week at $333.99 (34.61 average hours x
$9.65) with no interim earnings, Herrington's net
backpay is $133.60.
For the fourth quarter, October I through December
12, 13 weeks at $333.99 (34.61 average hours x $9.65),
with no interim earnings, his net backpay is $4,341.87.
For the first quarter in 1976, December 31, 1975,
through March 30, 1976, 13 weeks at $358.98 (37.20
average hours x $9.65), his backpay is $4,666.74.
For the second quarter in 1976, March 31 through
June 29, 5 weeks at $341.80 (35.42 average hours x
$9.65) and 8 weeks at $373.68 (35.42 x $10.55), less no
interim earnings, his net backpay is $4,698.44.
For the third quarter in 1976, June 30, .2 week at
$373.68, with no interim earnings, his net backpay is
$74.74.
Herrington had no expenses during the backpay period
and no interim earnings during the backpay period.
Clifford S. Kirby, Jr.: Clifford S. Kirby, Jr.'s backpay
period begins September 30, 1975, and continues through
June 21, 1976. His rate of pay from September 30, 1975,
through April 30, 1976, would have been $9.65 per hour.
From May 1, 1976, through June 21, 1976, his rate of pay
would have been $10.55 per hour. His gross backpay from
September 30, 1975, through June 21, 1976, is as follows:
For the third quarter in 1975, September 30, .2 week
at $333.99 (34.61 average hours x $9.65), with no
interim earnings, Kirby's net backpay is $66.80.
For the fourth quarter in 1975, October I through
December 30, 13 weeks at $333.99 (34.61 average hours
x $9.65), less interim earnings, of $253.20 with Dial
Construction Company, his net backpay is $4,088.67.
For the first quarter in 1976, December 31, 1975,
through March 30, 1976, 13 weeks at $358.98 (37.20
average hours x $9.65), less no interim earnings, his net
backpay is $4,666.74.
For the second quarter in 1976, March 31 through
June 21, 5 weeks at $341.80 (35.42 average hours x
$9.65) and 6.8 weeks at $373.68 (35.42 average hours x
$10.55), with no interim earnings, his net backpay is
$4,250.02.
Clifford S. Kirby, Jr., had no expenses during the
backpay period and earned during the backpay period the
amount set forth in item 2.
12 With respect to Clifford S. Kirby. Sr.. counsel for the General Counsel
moved to amend Appendix B of the specifications as follows:
For the Quarter 1975-4. under the heading "Intenm Earnings Christy-
Foltz, Inc.," the figure "$4.242.30" should be corrected to read
"$4.404.70.' and the "Net Interim Earnings" would be increased by
$162.40 to "$3,342.90." The "Net Backpay" for Quarter 1975-4 should
Clifford S. Kirby, Sr.: 12 Clifford S. Kirby, Sr.'s backpay
period begins September 11, 1975, and continues through
June 21, 1976. His rate of pay from September II11, 1975,
through April 30, 1976, would have been $9.65 per hour.
From May 1, 1976, through June 21, 1976, his rate of pay
would have been $10.55 per hour. His gross backpay
through June 21, 1976, is set forth as follows:
CLlIPOED S. KLRut, SL
1975-3
Cross backpay 9/11 tbru 9/30/75
2.8 vki at $333.99
(34.61 avg bra x $9.65)
Interim Earnings
Interim Expenses
Net luterim Earnings
Net Beckpay
1975-4
Cross backpay 10/1 thru 12/30/75
13 vks at $333.99
(34.61 avg bra · $9.65)
Interim Ea ringe:
Chriety-?oltz, Decatur
10/6 to 12/18/75
In terim Expenses
Trip to Decatur for work
Phone
To & from Decatur 932 alies
per vk, 11 vks · 5.10
Net Interim Earnings
Net Backpay
1976-1
Cross backpay 12/31/75 thru 3/30/76
13 vks at $358.98
(37.20 avg hr a x 9.65)
Interim Earnings:
C B Builders, Centralia
3/3 thrn 3/30/76
Interim Expenseu
Difference in mileage
292 miles per wk X 4 vki
5$.10 per xi
Work permit Local 2122
Net Interim Earnings
Net lackpay
1976-2
Cross Backpay 3/31 thru 6/21/76
5 vks at $341.80
(35.42 avg b a x $ 9.65)
6.8 vksa t $373.68
(35.42 avg hrs x $10.55)
Interim Earnings:
C B Builders
Interim Expenses
Work permit Local 480
Difference in mileage
412 miles x 11.8 vks x· .10
Net Interim Earnings
Net Backpay
$1,135.57
00.00
00.00
$ 00.00
1,135.57
$4,341.87
$4,404.70
$ 33.00
3.60
$1.025.20
$3,342.90
998.97
$4,666.74
$1,449.60
$ 116.80
24.00
$1,308.80
3. 358. 74
$1 709.00
$2,541 .02
$5 708.23
$ 40.00
$ 486.16
$4,182.07
67.95
read "$998.97" instead of "SI1,161.37." In the summary on p. 4 of the
backpay specifications. under the column with the heading "WAGE"
the correct figure should be "$5,561.23" instead of "S5.723.63." The
total figure to read "$5,995.75" instead of"$6.158.15."
Respondent had no objection to the motion to amend and it was granted.
691
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Wayne Kirby: Wayne Kirby's backpay period begins
October 6, 1975, and continues through June 21, 1976. His
rate of pay from October 6, 1975, through April 30, 1976,
would have been $9.65 per hour. From May 1, 1976,
through June 21, 1976, his rate of pay would have been
$10.55 per hour.
Wayne Kirby's gross backpay, interim earnings, and
interim expenses are as follows:
WAYNE KIRBY
1975-4
Cross backpay 10/6 thru 12/30/75
12 vks at $333.99
(34.61 avg hrs x $9.65)
Interim Earnings:
Christy-Folts, Decatur
10/6 thru 12/22/75
J. L. Simmons, Decatur
12/23 thru 12/24/75
Interim Expenses:
Move to Decatur
Net Interim Earnings
Net Backpay
1976-1
Gross backpay 12/31/75 thru 3/30/76
13 vks at $358.98
(37.20 avg hrs x $9.65)
Interim Expenses:
Gale Buker Construction
2/28 thru 3/27/76
Interim Expenses:
Hove beck to Iuka
Seeking work 50 miles at $.10
Net Interim Earnings
Net Backpay
1 976-2
Cross backpay 3/31 thru 6/21/76
5 wks at $341.80
$4,007.88
$4,124.71
159.36
$ 125.00
$4,159.07
00.00
$4,666.74
$1,253.00
S 125.00
$ 5.00oo
$1, 123.00
3,543.74
(35.42 avg hra x $9.65)
6.8 wks at $373.68
(35.42 avg hbra x 10.55)
Interim Earnings
Interim Expenses
Net Interim Earnings
Net Backpay
$2,541.02
$ 00.00
$ 00.00
$ 00.00
$4,250.02
The facts and calculations set forth above are summa-
rized as follows: The obligation of Respondent to make
whole employees Jimmy Herrington, Clifford S. Kirby, Jr.,
Clifford S. Kirby, Sr., and Wayne Kirby under the Board's
Order and court's decree will be discharged by the
payment to them of the amount set forth opposite their
names in the Order below, plus interest accrued to the date
of payment pursuant to each Order and decree, minus the
tax withholding required by Federal and state laws.
On the basis of the above findings and conclusions and
the entire record in this case, it is recommended that the
Board issue the following:
ORDER
The Respondent, United Brotherhood of Carpenters and
Joiners of America, Local Union No. 347, AFL-CIO, its
officers, agents, and representatives, shall make Jimmy K.
Herrington, Clifford S. Kirby, Jr., Clifford S. Kirby, Sr.,
and Wayne Kirby whole by payment to each the sum
indicated below opposite his name, with interest at 6
percent per annum computed on the basis of calendar
quarters, less tax withholding required by Federal and state
laws.
WAGE PENSION TOTAL
Rerrington, Jibmy K. $13,915.39 $424.47
Kirby, Clifford S., Jr. 13,072.00 407.53
Kirby, Clifford S., Sr. 5,561.23 434.52
Kirby, Wayne 7,793.76 395.07$1,709.00
$14, 339.86
13,479.53
5,995.75
8,188.83
692