Southland Manufacturing Corp.

National Labor Relations Board - Board Decisions

Oct 29, 1971

193 N.L.R.B. 1036 (N.L.R.B. 1971)

1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Southland Manufacturing Corp. and United Hatters,
Cap and Millinery Workers International Union,
AFL-CIO. Cases 24-CA-1980, 24-CA-1984,
24-CA-2007, and 24-CA-2030
October 29, 1971
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
On April 1, 1966, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding,' which was enforced by the
United States Court of Appeals for the District of
Columbia Circuit by a decree entered March 23,
1967.2 In its Decision, the Board found, inter alga, that
Respondent discharged Crimilda Acosta and refused
reinstatement to 49 strikers in violation of Section
8(a)(3) of the National Labor Relations Act, as
amended; and further found that Respondent shut
down its plant from December 7, 1964, to January 11,
1965, in violation of Section 8(a)(3) and (5) of the Act.
Accordingly, the Board ordered, inter alia, that
Respondent make Crimilda Acosta whole for losses
suffered between her unlawful discharge on June 8,
1964, and the date she threw in her lot with the other
strikers, the exact date to be determined at the
compliance stage ; that Respondent make Crimilda
Acosta and the 49 striking employees whole for any
loss of earnings they suffered by reason of its unlawful
refusal to reinstate them upon their unconditional
offer to return to work, backpay to run only to the
date in February 1965 when the Respondent shut
down its plant for economic reasons, the exact date to
be determined at the compliance stage; and that
Respondent make whole those nonstriking employees
who were unlawfully locked out from December 7,
1964, to January 11, 1965.
On January 22, 1971, the Board's Regional Director
for Region 24 issued and served on the parties a
Backpay Specification and Notice of Hearing. The
specification alleged that Cnmilda Acosta joined the
other strikers on June 12, 1964, therefore entitling her
to backpay from June 8 to 12, 1964. The specification
further alleged that the backpay period for Crimilda
Acosta and the other 49 strikers who were unlawfully
refused reinstatement upon unconditionally offering
to return to work began on either October 12, 14, 15,
16, or 19, 1964, and ran through February 28, 1965,
the date on which Respondent shut down its plant.
The Respondent filed an answer to the specification
on February 2, 1971, and an amended answer on
April 16, 1971, in which it denied the allegations of the
specification. Pursuant to notice, a hearing was held
193 NLRB No. 157
before Trial Examiner Benjamin K. Blackburn on
April 19, 1971, for the purpose of determining the
amounts of backpay due. On July 9, 1971, the Trial
Examiner issued his Supplemental Decision, which is
attached hereto, finding the backpay specification to
be correct as modified by him. Thereafter, Respon-
dent filed exceptions to the Supplemental Decision
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
powers in connection with this proceeding to a three-
member panel.
The Board has reviewed the rulings of the Trial
Examiner made at the hearing and finds that no
prejudicial error was committed.3 The rulings are
hereby affirmed. The Board has considered the Trial
Examiner's Supplemental Decision, the exceptions
and brief, and the entire record in the case, and
hereby adopts the findings, conclusions,4 and recom-
mendations of the Trial Examiner.
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 Trial Examiner, and hereby orders
that Respondent, Southland Manufacturing Corp., its
officers, agents, successors, and assigns, shall make
whole the discriminatees, whose names are set forth in
Appendixes A and B of the Trial Examiner's
Supplemental Decision, by payment to them the
amount set forth adjacent to their names.
i 157 NLRB 1356.
2 N L R.B v Southland Manufacturing Corporation, 375 F 2d 325
(CADC)
3 We find no merit in Respondent's exceptions to the Trial Examiner's
rejection of certain documentary evidence offered in support of testimony
that the only efforts made by some discriminatees to obtain work during
the backpay period was to register at the "unemployment office ," and that
no Board agent asked them about their efforts to obtain work. The answer,
as amended, contained no allegations as to willful loss of earnings or the
Board's failure to comply with its own procedures , it therefore failed to
raise these issues specifically , as required by the Board's Rules and
Regulations , Section 102 54(b) and ( c) Such failure was particularly
prejudicial in this case, since the General Counsel and the Charging Party
had no advance notice that would have alerted them to have the backpay
claimants available to testify with regard to these issues, or to any prior-
given statements We therefore affirm the Trial Examiner's ruling as to the
ultimate inadmissibility of the affadavits or statements , without passing on
his characterization of them as inadmissible hearsay.
4 We agree with the Trial Examiner's conclusion that Respondent was
not entitled to any offset for wages allegedly paid during the backpay
period, including vacation pay In order for Respondent to be entitled to
such an offset , it had the burden of proving specifically named
discriminatees were paid such moneys and the specific amounts paid to
each, and, as to vacation pay, that the employees would not have been paid
vacation pay in addition to the wages they would have earned . Cf. Moss
Planing Mill Co, 110 NLRB 933 , reversed on other grounds 224 F 2d 706
(C A 4) The Respondent did not meet the required burden of proof.
Cornwall Company, Inc, 171 NLRB No. 43.
SOUTHLAND MANUFACTURING CORP.
TRIAL EXAMINER'S SUPPLEMENTAL
DECISION
STATEMENT OF THE CASE
BENJAMIN K. BLACKBURN, Trial Examiner: On April 1,
1966, the National Labor Relations Board issued its
Decision and Order directing Southland Manufacturing
Corp. (referred to herein as Respondent), inter alia, to
"make whole Crimilda Acosta, all striking employees .. .
and all employees who were locked out on December 7,
1964, for any loss of pay they may have suffered by reason
of the discrimination practiced against them." i On March
23, 1967, the Court of Appeals for the District of Columbia
Circuit issued a decree enforcing the Board's order.
N.L.R.B. v. Southland Manufacturing Corporation, 375 F.2d
325.
A controversy having arisen over the amount of backpay,
if any, due the discriminatees, the Regional Director for
Region 24 (Hato Rey, Puerto Rico) on January 22, 1971,
pursuant to authority conferred upon him by the Board,
issued a backpay specification and caused it to be served on
Respondent. Respondent filed an answer on February 2,
1971, and an amended answer on April 16, 1971, the
sufficiency of which under the provisions of Section
102.54(b) of the Board's Rules and Regulations, Series 8, as
amended, is challenged by the General Counsel. That issue
is discussed below. On April 5, 1971, Respondent filed a
motion to dismiss backpay specifications and the cases in
their entirety which was referred to me and which I have
taken under advisement. The issue raised by that motion is
also discussed and disposed of below.
Pursuant to due notice, a hearing was held before me on
April 19, 1971, in Hato Rey, Puerto Rico. All parties were
present and were afforded full opportunity to participate, to
call and examine or cross-examine witnesses, and otherwise
to introduce relevant evidence. At the close of the hearing,
all waived oral argument. Two other motions which
Respondent made at the hearing and which I took under
advisement are also disposed of below. Upon the entire
record I make the following:
FINDINGS AND CONCLUSIONS
1. THE GENERAL COUNSEL'S FORMULA FOR
COMPUTING BACKPAY
The Board's order provides for backpay for two groups of
employees. Crimilda Acosta and 49 other named strikers
are to be made whole for losses they suffered because of
Respondent's unlawful discrimination in failing to reinstate
them upon their unconditional offers to return to work.
(Crimilda Acosta is also to be made whole for losses
between her unlawful discharge on June 8, 1964, and the
date on which she threw in her lot with the other strikers.
The backpay specification alleges that the latter date is
June 12, 1964.) In each case, the backpay period begins on
either October 12, 14, 15, 16, or 19, 1964, as specified in the
I Southland Manufacturing Corp, 157 NLRB 1356 These cases have a
long and intricate history It would serve no useful purpose to repeat it
here It is set forth in detail in sec I, A, of Trial Examiner William F
Scharnikow's Decision on Supplemental Hearing in Southland Manufactur-
1037
Board's Decision and Order, and ends on "the date in
February 1965 when the Respondent shut down its plant,
the exact date to be determined at the compliance stage."
The backpay specification alleges February 28, 1965, as the
latter date. The second group to be made whole is
nonstriking employees who were unlawfully locked out
from December 7, 1964, to January 11, 1965. The backpay
specification names 300 persons in this group. It is
comprised of 275 persons who were working at the time the
lockout began and 25 who were on temporary layoff. The
latter are included in the specification because they worked
on or after December 1, 1964.
The specification uses as the measure of the wages each
discriminatee would have earned the average hours actually
worked by employees during periods the plant was in
operation and, by projection, the average hours employees
would have worked but for the lockout during the period
when the plant was not in operation. The amount of gross
backpay alleged to be due each discriminatee is these
average hours times the discriminatee's hourly rate of pay,
plus 6 percent interest compounded through December 31,
1970. In the case of the strikers' group, where applicable,
the amount of the gross backpay thus computed has been
reduced by the amount of the discriminatee's interim
earnings to arrive at the amount of the net backpay due
him. No interim earnings have been deducted in the cases
of nonstriking employees who were locked out.
Respondent's original answer to the backpay specifica-
tion reads in its entirety:
As for The National Labor Relations Board Backpay
Specification and Notice of Hearing, Southland
Manufacturing Corp. admits to paragraph 3,2 but
denies all other allegations and specifications contained
in paragraphs 1 through 10, and requires strict proof
thereof.
By way of additional answer, Southland Manufactur-
ing Corp. avers that the employees listed in appendixes
B [i.e., strikers] and C [i.e., nonstrikers] had secured
other employment during the backpay period claimed,
and further that many of them received unemployment
compensation and other moneys during those periods.
The amended answer, untimely filed just a few days
before the hearing, is somewhat longer. However, in
substance, it is no different from the original. Neither
specifically challenges any of the premises or computations
used by the General Counsel in computing gross backpay.
Both, therefore, are insufficient to put in issue any of those
premises or computations since they do not comply with
the requirement of Section 102.54(b) of the Board' s Rules
and Regulation that "[a]s to all matters within the
knowledge of the respondent, including but not limited to
the various factors entering into the computation of gross
backpay, a general denial shall not suffice. As to such
matters, if the respondent disputes either the accuracy of
the figures in the specification or the premises on which
they are based, he shall specifically state the basis for his
disagreement, setting forth in detail his position as to the
trig Corp and Propper International, Inc, 186 NLRB No I11
2 Par 3 refers to an increase of applicable minimum wages to $1.15
which took place January 15, 1965.
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
applicable premises and furnishing the appropriate sup-
porting figures." I find that the formula used by the
General Counsel in including persons on the list of
nonstrikers unlawfully locked out from December 7, 1964,
to January 11, 1965, and in computing the gross backpay
due each of the persons named in the backpay specification
is an appropriate formula and is so admitted by Respon-
dent.
Both answers are also insufficient to raise issues as to
interim earnings or willful loss of earnings , for in these
areas , too, they lack the specificity required by Section
102.54(b). Even if Respondent's pleading had properly
framed such issues, the record would provide no basis for
finding the backpay specification wrong. Only one witness
was called at the hearing, Morris Milstein, president of the
Company. Milstein testified in conclusionary terms that
jobs were available during the backpay period at other
plants located near Respondent's plant in the Mayaguez
area for workers with the skills of the discriminatees.
Milstein gave no details as to what manufacturers he was
referring to, what products they produced, how many jobs
they had available, what skills were called for on those jobs,
or the basis of his claimed knowledge. He also testified that,
on April 15, 1971, he spoke to a group of 4 strikers and 27
nonstrikers named in the backpay specification. He read
them a number of questions about such matters as their
efforts to obtain work during the backpay period and had
them write down their answers . The paper from which he
read and the papers on which the discriminatees wrote their
answers were offered into evidence by Respondent. I
rejected them on the ground of hearsay. Therefore, there is
no competent evidence in the record on which to base a
finding that the backpay specification is incorrect with
respect to any or all of the 350 discriminatees named in the
manner in which it subtracted interim earnings, where
applicable, from gross backpay to arrive at the net backpay
due each discriminatee.
Finally, Milstein testified that, during the lockout, each
employee was given I week's wages as his 1964 vacation
pay. Respondent is entitled to no offset for this money
against the computations set forth in the specification
because there is no evidence that, if there had been no
lockout, any of the discriminatees would have been on
vacation during that period. Therefore, any money received
by a discriminatee is not related to his backpay period.
Il. RESPONDENT 'S PREHEARING MOTION TO DISMISS
Respondent's motion filed April 5, 1971, is based on the
contention that the Board's order "specifically provided
that the respondent would become liable for backpay to its
employees only 'in the event it resumes its operations.' "
Trial Examiner Max Rosenberg issued his Decision in these
cases on September 15, 1965. His Recommended Order
provided for backpay for all discriminatees in customary
terms . In its April 1, 1966, decision, the Board said (157
NLRB 1356, 1357):
It appears from these proceedings that Respondent
closed down its plant for economic reasons in February
1965. It also appears doubtful whether Respondent will
ever resume operations. These changed circumstances
require revision of the recommended remedy proposed
by the Trial Examiner. We deem it appropriate,
therefore, to provide for the following alternative
methods by which Respondent may remedy its unfair
labor practices.
We shall order the Respondent, in the event it resumes
its operations, to offer to Crimilda Acosta and to those
striking employees, who were discnminatonly dis-
charged or denied reinstatement, immediate and full
reinstatement to their former or substantially equivalent
positions and make all such employees whole for any
loss of earnings they may have suffered by reason of the
unlawful discrimination against them; backpay to run
only to the date in February 1965 when the Respondent
shut down its plant, the exact date to be determined at
the compliance stage. We shall also require the
Respondent to make whole those nonstriking employ-
ees who were unlawfully locked out from December 7,
1964, to January 11, 1965. [Emphasis supplied.]
Respondent's motion is based on the clause I have
emphasized.
On November 25, 1970, the Board issued its Supplemen-
tal Decision and Order in these cases at 186 NLRB No. I11.
It referred therein to its April 1, 1966, order as follows:
The Board's Order directed, inter alia, that the
Respondent place certain named discriminatees on a
preferential hiring list, and in the event it resumed
operations,3 offer immediate and full reinstatement to
said discriminatees and bargain with the Union as the
exclusive bargaining representative of its employees,
and make whole these discriminatees and an additional
group who had been unlawfully locked out.
3 At the time of issuance of the Board 's Order, it appeared that
Southland had ceased operations.
In fact, Respondent ceased operations for all practical
purposes on February 28, 1965. Thereafter until January
11, 1967, it employed a dwindling staff varying from 15
employees to 1 employee in the production of small orders.
On January 11, 1967, it stopped production completely.
The key to what the Board meant by its somewhat
ambiguous reference on April 1, 1966, to "alternative
methods by which Respondent may remedy its unfair labor
practices" lies in the grammatical construction of its
reference to its order on November 25, 1970. The "and"
which comes just before the words "make whole" in the
sentence quoted above is a coordinate conjunction. The
two equal parts of the sentence which that conjunction is
joining are the requirement that Respondent establish a
preferential hiring list and the requirement that Respondent
make all discriminatees whole for wages lost. The reference
to the possibility that Respondent might resume operations
comes in that part of the sentence which relates to the
preferential hiring list. Therefore, it obviously is intended to
refer only to the use of that list if Respondent's resumption
of operations makes such a list appropriate and the
concomitant duty to bargain with United Hatters, Cap and
Millinery Workers International Union, AFL-CIO, if and
when a viable bargaining unit comes back into existence
under those circumstances. I find that the Board did not
intend, by its April 1, 1966, order, to require Respondent to
make discriminatees whole only in the event that Respon-
dent resumed operations. Respondent's April 5, 1971,
motion to dismiss the backpay specification and these cases
in their entirety is denied.
SOUTHLAND MANUFACTURING CORP. 1039
III. RESPONDENT'S OTHER MOTIONS
At the hearing Respondent made a number of motions
which I denied. At the outset of the presentation of its case,
Respondent moved to dismiss on the ground that the
General Counsel had not called any of the discriminatees to
testify. I denied on the ground that the General Counsel
was under no such duty. There was no indication, and
Respondent did not claim, that the General Counsel had
not arranged for the discriminatees to be available to testify
if Respondent elected to call them to the stand. Cornwell
Company, Inc., 171 NLRB No. 43, and cases cited therein.
At the conclusion of its case but before it rested,
Respondent moved to reserve the right to call additional
witnesses . I denied on the ground that Respondent had
been and was then being afforded adequate opportunity to
call any witnesses it desired to present. Respondent made
no claim that it had been denied due process in the
scheduling of the hearing. It made no claim that there was
any specific witness or witnesses whom it desired to call
who were then unavailable but who would be available at
some specific future date. American Compressed Steel
Corporation, 146 NLRB 1463.
After it rested, Respondent moved to dismiss on the
ground that the General Counsel had not complied with its
own published procedures for investigating backpay claims.
I denied on the ground there was no such evidence in the
record.
Respondent moved to dismiss on the ground that
Respondent had been forced to close its plant from
December 7, 1964, to January 11, 1965, by the Defense
Supply Agency. I denied on the ground that the issue,
having already been decided by Board and court against
Respondent, was not before me in this proceeding.
Finally, Respondent moved to dismiss on the ground that
the General Counsel had failed to include interim earnings
of discriminatees in his calculations and on the ground that
the discriminatees had failed to seek other jobs. I denied
both motions on the ground that the burden of proving
interim earnings and willful loss is on Respondent. Mastro
Plastics Corporation, 136 NLRB 1342, enfd. as modified 354
F.2d 170 (C.A. 2).
I hereby reaffirm all these rulings made at the hearing.
Respondent made two other motions at the hearing on
which I reserved ruling . First, it moved to dismiss on the
ground of laches. There is no showing that the General
Counsel has been guilty of laches in the preparation or
prosecution of the compliance phase of these cases.
Respondent's motion is hereby denied. N.L.R.B. v. J. H.
Rutter-Rex Manufacturing Company, 396 U.S. 258.
Second, Respondent moved to dismiss on the ground that
effectuation of the policies of the Act does not require the
imposition of a backpay remedy in these cases . The Board
has already ruled that it does. I am bound by that ruling.
Respondent's motion is hereby denied.
IV. THE AMOUNT OF BACKPAY DUE
I find that the sum of $132,305, as set forth in the
backpay specification filed and served upon Respondent by
the Board,3 is due the discriminatees through December 31,
1970. The specific amount due each of the 50 strikers,
including Crimilda Acosta, is listed in Appendix A. The
specific amount due each of the 300 nonstrikers is listed in
Appendix B.
In addition, since the Board's order of April 1, 1966,
provides for interest at 6 percent per annum to be
computed in the manner specified in Isis Plumbing &
Heating Co., 138 NLRB 716, such interest will continue to
accrue until the date of payment of all backpay due.
Finally, payment of all sums due shall also be less any taxes
required to be withheld by Respondent under Federal and
Commonwealth of Puerto Rico law.
3 The backpay specification indicates a total of $51,796 due the strikers
and $81 ,287, the nonstrikers , or a total of $133,083 However , the appendix
to the specification which details the calculations of amounts due strikers
contains obvious errors on the pages for Alida Lopez De Vargas and
Antonio Sanchez by which the former was allowed $752 and the latter, $26
not actually due them. I have reduced the sum due De Vargas from $1,149
to $397. I have reduced the sum due Sanchez from $1,279 to $1,253.
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
STRIKERS
Name Rate a/ Quarter
Cross
Backpay
Interim
Earninp:4
Net
Backpay
Int. to
12/31/70
Total
Due
Abrahante (Matos), $ 1 1964 /4th $448 None $448 $164 $612
Carmen (Maria)
10/15/64- 1965/1st 365 None 365 128 493
2/28/65 1,105
Acosta (Padilla), $.935 1964/2d 30 None 30 12 42
Crimilda
6/9--12/64 1964/4th 419 None 419 153 572
10/15/64-- 1965/1st 360 None 360 126 486
2/28/65 1,100
Alicea (Cordero), $1.10 1964/4th 519 None 519 190 709
Bartolo
10/12/64-- 1965/1st 373 None 373 131 504
2/28/65 1,213
Aponte (Rodriguez), $1 1964/4th 416 None 416 152 568
Magarita
10/19 /64-- 1965 / 1st 365 172 193 68 261
2/28/65 829
Arroyo Rodriguez, $1 1964/4th 448 None 448 164_ 612
Ines
10/15/64- 1965/1st 365 None 365 128 493
2/28/65 1,105
Barbosa (Barbosa), $.935 1964/4th 411 None 411 150 561
Ada (Linda)
10/16 /64- 1965/1st 360 None 360 126 486
2/28/65 1,047
Barbosa (Barbosa) $1 1964/4th 448 None 448 164 612
Florentina
10/15/64-- 1965/1st 365 None 365 128 493
2/28/65 1,105
Bracero Malave, Jose $ 1 1964 /4th 44+ 8 None 448 164 612
10/15/64- 1965/1st 365 None 365 128 493
2/28/65 1,105
Cruz (Santana), Luz $1 1964/4th 448 None 448 164 612
Selenia (E.)
10/15/64-- 1965/1st 365 None 365 128 493
2/28/65 1,105
a/ In the case of all strikers except Antonio Sanchez and Juan C. Vazquez , the rate after
January 15, 1965 , was the new minimum of $1.15 per hour. Sanchez' and Vazquez' rate was
$1.20 per hour throughout the backpay period.
Name
Ferrer (Acosta),
Nilda (Ramona)
10/16/64--
2/28/65
Figueroa, Jose R.
(Rafael)
10/12/64--
2/28/65
Flores (Bonilla),
Ada E.
10/16/64--
2/28/65
Hernandez, Rosa
10/15/64--
2/28/65
Ingles, Alicia
10/16/64--
2/28/65
Ingles, Angela
10/16/64--
2/28/65
-Laracuente (Ramirez),
Elvin
10/16/64--
2/28/65
Latoni (Morales),
Eneida
10/16/64--
2/28/65
Lopez De Vargas,
Alida
10/15/64-
2/28/65
Lugo Acevedo,
Carmen (M.)
10/15/64--
2/28/65
Lugo, Hector M.
10/16/64--
2/28/65
SOUTHLAND MANUFACTURING CORP. 1041
Gross Interim Net Into to Total
Rate Quarter Rack a Earnings Back a 12/31/70 Due
$1 1964/4th $440 None $440 $161 $601
1965/1st 365 None 365 128 493
1,094
$1.05 1964/4th 496 None 496 181 677
1965/1st 369 None 369 129 498
1,175
$.935 1964/4th 411 None 411 150 561
1965/1st 360 None 360 126 486
1,047
$1 1964/4th 448 None 448 164 612
1965/1st 365 None 365 128 493
1,105
$1 1964/4th 440 None 440 161 601
1965,/1st 365 None 365 128 493
1,094
$1 1964/4th 440 None 440 161 601
1965/ 1st 365 None 365 128 493
1,094
$1 1964/4th 440 None 440 161 601
1965/1st 365 None 365 128 493
1,094
$.935 1964/4th 411 None 411 150 561
1965/1st 360 None 360 126 486
1,047
$1 1964/4th 448 157 291 106 397
1965/1st 365 557 None None 0
397
$.935 1964/4th 419 None 419 153 572
1965/1st 360 None 360 126 486
1,058
$1.10 1964/4th 484 458 26 9 35
1965/1st 373 421 None None 0
35
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Name Rate Quarter
Gross
Backpay
Interim
Earnings
Net
Backpay
Int. to
12/31/70
Total
Due
Marquez (Rivera), $. 935 1964/4th $419 None $419 $153 $572
Ana
10/15/65-- 1965 / 1st 360 None 360 126 486
2/28/65 1,05$
Mercado , Francisco $ 1 1964/4th 572 None 572 209 781
10/16/64-- 1965 / 1st 472 None 472 165 637
2/28/65 1,418
Mercado (Florenciani), $. 935 1964/4th 419 None 419 153 572
Nelson
10/15/64- 1965/ 1st 360 None 360 126 486
2/28/65 1, 558
Montalvo (Velez), $ 1 1964 /4th 448 238 210 77 287
Andrea
10/15/64-- 1965 / 1st 365 65 300 105 405
2/28/65 692
Moreno (Colon), $ 1 1964/4th 448 None 448 164 612
Elba Iris
10/15/64-- 1965/1st 365 None 365 128 493
2/28/65 1,105
Muniz , Juan B. $ 1.05 1964/4th 479 None 479 175 654
(Bautista)
10/14/64- 1965 / 1st 369 None 369 129 498
2/28/65 1,152
Natali (Crespo), $ 1.05 1964 /4th 470 None 470 172 642
Lourdes
10/15164- 1965/1st 369 None 369 129 498
2/28/65 1, 440
Padilla (Acevedo) I $ 1 1964/4th 440 None 440 161 601
Araminda
10/16/64-- 1965/1st 365 None 365 128 493
2/28/65 1,094
Pines (Vargas), $. 935 1964 /4th 389 None 389 142 531
Elba (S.)
10/19/64-- 1965/1st 360 None 360 126 486
2/28/65 1, 117
Pluquez Rossy, $ 1 1964/4th 448 None 448 164 612
Yolanda
10/15/64-- 1965 / 1st 365 293 72 25 97
2/28/65 709
Ramirez (Zapata), $. 935 1964 /4th 411 135 276 101 377
Angel Luis
10/16/64-- 1965 /1st 360 47 313 110 423
2/28/65 800
SOUTHLAND MANUFACTURING CORP. 1043
Name Rate Quarter
Gross
Backnay
Interim
Earnings
Net
Backpay
Int. to
12 131/70
Total
Due
Ramires(z), $1 1964 /4th $456 None $456 $167 $623
Juan De Dios
10/14/64-- 1965/1st 365 None 365 128 493
2/28/65 1,116
Ribot (Morales), $.935 1964/4th 417 None 411 150 561
Nereida
10/16/64-- 1965 / 1st 360 None 360 126 486
2/28/65 1,047
Rivera Diaz, $1.10 1964 /4th 493 None 493 180 673
Alfredo
10/15/64-- 1965/1st 373 None 373 131 504
2/28/65 1,177
Roche (Silva), $.935 1964 /4th 411 None 411 150 561
Alejandro
10/16/64-- 1965 / 1st 360 None 360 126 486
2/28/65 1,047
Rodriguez $1 1964 /4th 416 None 416 152 - 568
De Toro , Crucita
10/19/64-- 1965 / 1st 365 None 365 128 493
2/28/65 1,061
Rodriguez Bracero, $.935 1964 /4th 419 None 419 153 572
Monserrate
10/15/64-- 1965/1st 360 None 360 126 486
2/28/65 1,058
Rosas Mercado, $1 1964/4th 448 None 448 164 612
Virgen
10/15/64-- 1965 / 1st 365 133 232 81 313
2/28/65 925
Rubio (Vazquez), $. 935 1964/4th 411 None 411 150 561
Marina
10/16/64-- 1965 / 1st 360 None 360 126 486
2/28/65 1,047
Sanchez^Mendez), $1.20 1964 /4th 528 None 528 193 721
Antonio
10/16/64- 1965 / 1st 394 None 394 138 532
2/28/65 , 1,253
Sepulveda (Jorge), $ 1 1964 /4th 440 None 440 161 601
Lavinia
10/16/64-- 1965 / 1st 365 None 365 128 493
2/28/65 1,094
Sepulveda (Millon), $1 1964 /4th 440 None 440 161 601
Nilda (Iris)
10/16/64-- 1965/1st 365 None 365 128 493
2/28/65 1,094
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Gross Interim Net Int. to Total
Name Rate Quarter Back a Earnings _ Backpay 12/31/70 Due
Troche (Lopez), $1 1964/4th $440 None $440 $181 5601
Candida Julia
10/16/64-- 1965 / 1st 365 None 365 128 493
2/28/65 1,094
Valentin (Martinez), $ 1 1964 /4th 416 None 416 152 568
Felicidad
10/19/64-- 1965 / 1st 365 None 365 128 493
2/28/65 1,061
Vazquez, Juan C. $1.20 1964/4th 547 None 547 200 747
(Candido)
10/14/64--
2/28/65 1965/1st 394 None 394 138 532
1,279
Vasquez , Pedro $.935 1964/4th 411 None 411 150 561
Jaime
10/16/64-- 1965/1st 360 None 360 126 486
2/28/65 1,047
Vega (Santiago), $1 1964/4th 448 None 448 164 612
Maria
10/15/64-- 1965 / 1st 365 None 365 128 493
2/28/65 1,105
Vega (Rivera), $1.05 1964/4th 462 438 24 9 33
Pablo
10/16/64- 1965/1st 373 276 94 34 131
2/28/65 164
Velez (Toro), $1 1964/4th 440 None 440 161 601
Hilda
10/16/64-- 1965/1st 365 None 365 128 493
2/28/65 1,094
Vicenty Gonzalez , $.935 1964/4th 419 None 419 153 572
Jorge
10/15/64-- 1965/1st 360 None 360 126 486
2/28/65 1,058
SOUTHLAND MANUFACTURING CORP. 1045
APPENDIX B a Martinez Valentin, 255
R onitam a
NONSTRIKING EMPLOYEES AT WORK WHEN LOCKOUT Mas Rodriguez , Carlos E. 255
BEGAN Matos Santiago, Isabel M. 255
Medina Orsini, Wilfredo 255
Hourly Pay Rate 93.5 $ Mercado , Cristina 255
cents Montes Aviles, Carmen 255
Acosta Zapata, Elliot 255 Luisa
Acevedo , Emma I. 255 Muniz , Maria Hortensia 255
Acevedo Pagan , Nilda 255 Muniz Agron , Monserrate 255
Agron, Julia 255 Nieves , Lydia E. 255
Alvarez Acosta , Leyda 255 Nieves Ramos , Guillermo 255
Alvarez Soto , Anabel 255 Olineda , Juanita 255
Aponte (Francie), Blasino 255 Ortiz, Margarita 255
Andujar Lugo , Leonor 255 Ortiz Colon , Maria 255
Arroyo Hernandez, Marta 255 Antonia
Arroyo Luciano, Carmen 255 Ortiz Perez , Jose A. 255
Asencio Toro, Ramonita 255 Ozoa Soto , Benito 255
Ayala Mercado, Magdalena 255 Pabon Gonzalez , Simon 255
Ayala Villann , Elsie 255 Pagan Vargas , Pedro 255
Candelario Lugo, Olga L. 255 Padilla Perez , Carmen M. 255
Candelario, Carmen M. 255 Pellicier Luciano , Iris 255
Colon Valentin , Cruz 255 Pellot Crespo, Casilda 255
Collazo Llorens, Luis H. 255 Perez Montalvo, Carmen 255
Cruz Cruz, Elizabeth 255 Norma
Cruz Rodriguez, Daisy 255 Perez Rivera , Rosa Amelia 255
De Jesus Velez, Merida 255 Perez Velez , Carmen 255
Rosa Ramirez Cintron , Adelaida 255
Feliciano Crespo, Isaura 255 Ramirez Perez, Pedro H. 255
Feliciano de Velez, Rosario255 Ramirez Velez, Sonia E. 255
Feliciano Rivera, Candido 255 Ramos Gonzalez , Virginia 255
Figueroa Echevarna , Olga 255 Ramos Perez, Magdalena 255
R. Rios Anantes , Israel 255
Fred Rosado, Rosa Maria 255 Rivera Acosta , Aida 255
Garcia Maldonado, Jose A.255 Rivera Acosta , Luz S. 255
Gonzalez, Maria M. 255 Rivera Gonzalez , Eulogia 255
Gonzalez Figueroa , Carmen255 Rivera Gonzalez , Lydia T. 255
M. Rivera Perez , Rosa 255
Gonzalez Rosas, Hilda 255 Rivera Santiago , Ana Aida 255
Gonzalez Sagardia , Nydia 255 Rivera Ramos, Crimilda 255
E. Rivera Rivera, Laureano 255
Gonzalez Sagardia , Rosa 255 Robles, Gracia M. 255
M. Rosa Rodriguez , Aurora 255
Gomez Quiles, Angelita 255 Rodriguez , Celina 255
Gomez Salito, Luz Maria
Hernandez Rivera, Luis
255
255
Rodriguez Filiberty , Nelly
Enid
255
Irizarry , Carmen 255 Rodriguez Rivera , Felicita 255
Irizarry Diaz , Maria J. 255 Rodriguez Ruiz , Ana 255
Irizarry Silva , Arcadia 255 Rosado, Hipolita 255
Irizarry Vargas, Agustina 255 Rosas Ortiz, Yolanda 255
Lavoy Rios, Carmen 255 Ruiz Rivera , Francisca 255
Lopez Bayron , Gilberto 255 Salazar, William 255
Santiago Acosta, Luz E. 255
Lorenzo, Carmen M. 255 Silva Colon , Francisca 255
Lorenzo, Aluz, Cousuelo 255 Seda, Angela 255
Lugo, Aida L. 255 Segarra Vilanova, Maria E. 255
Lugo de Jesus , Rosa Maria255 Sepulveda , Ana L. 255
Martell Sepulveda , Rosa 255 Sepulveda Soto, Ana L. 255
Martinez Lugo, Maria A. 255 Soto Rosario, Carmen 255
a Backpay period December 7, 1964, through January 10, 1965, unless
otherwise noted.
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sulsona Sepulveda , Carmen 255 Gonzalez Bonilla, Sonia 273
Tiber Montalvo , Ins 255 Iris
Carmelos MarrerorrT 255 Gonzalez Velez , Carmen
273
,o e
Al dA dT 255
Hernandez Perez, Milagros 273
i aceve o,oro Maria E.Irizarry Lopez 273
EvelynuezTorres Rodri 255
,
,g EulahaLebron Rodriguez 273
Maria CTorres Var as 255
,
.g , AngelaLinares Rodriguez 273
Troche, Dorisnel 255
,
Hilda
Troche Irizarry, Monserrate 255 VirginiaLorenzo Lorenzo 273
Blanca RValentin 255
,
., Aida L.Martell Castillo 273
DeliaValentin Feliciano 255
,
, Martell Castillo, Rosa N. 273
Valentin Feliciano , Pura 255
255
Martinez Andujar , Manuela273
Vargas, Norma FlorMatias Rodriguez 273
Germanas AcostaVar 255
,
,g Gloria M.Martinez 273
Vargas Dupurnier , Ana C. 255
,
JuliaMartinez de Jesus 273
Vargas Gonzalez, Edith R. 255
,
AristidesumMedina Ale 273
Gladysas RamosVar 255
q ,
,g NoemiMontalvo Perez 273
ElsieoVe a Lu 255
,
,g g Luis A.Montes Aviles 273
Rosa Juliaa SedaVe 255
,
,g Carmen D.Montez Velez 273
Luis MVelez 255
,
., CarmenMorales Arcadio 273
Mila rosVelez Aviles 255
,
g, Morales Hernandez, 273
Velez Camacho , Maria A. 255 Carmen Rita
a IOlVelez Velez 255.g, BenjaminMuniz Ramos 273
Norma IVentura 255
,
., Ortiz Olga 273
Rosa Eoata LuZa 255
,
.,gp Ortiz de Franqui,
Monserrate
273
Hourly Pay Rate $1.00 $ Ortiz Martinez , Victor M. 273
Padilla de Padilla, Irene 273
Acosta Lopez , Norma I.
Acosta Torres, Gertrudis
273
273
Quinones Montalvo, Rosa
M.
273
Acevedo Rivera, Elfren 273 Quintana Vazquez, Carlos 273
Acevedo Rivera, Rosa 273 Ramirez Sepulveda , Gladys 273
Nilda Ramirez Tirado , Betty 273
Acevedo Toro, Jose A. 273 Rivera Alvarado, Josefina 273
Agron Rivera, Antonio 273 Ramos Montalvo, Josefa 273
Agron Rivera, Crucita 273 Rivera, Haydee 273
Almodovar Nazario, Maria 273 Rivera Ortiz, Maria M. 273
C. Rivera Ramos, Wilfredo 273
Aponte Franco, Adelaida 273 Rivera Segarra, Jose L. 273
Arroyo Florenciani,
Monserrate
273 Rivera Soto, Emilio 273
GladysRivera Valentin 273
RamonitaAvellanet Valle 273
,
,
NildaBaez Collado 273
Rodriguez Cruz, Eroilda 273
,
Bonilla Oliveira, Edgar 273 Rodriguez Martinez, David 273
273S fAmaladys273Candelario Class iaoRodriguez Rodriguez ,,
Cardoza, Rafaela
Class Perez, Norberto
273
273
Rodriguez Rodriguez,
Sylvia E.
273
Collazo, Hilda M. 273 Rodriguez Velez, Celia G. 273
Colon Alvarado , Nilsa 273 Ruiz Valentin, Lydia 273
Colon Gonzalez, Mercedes 273 Salgado Oquendo, Luis E. 273
Cruz , Carmen J.
Cucuta Santiago , Agapito
273
273
Sanchez Echevarria,
Carmen
273
Daucette , Anita M. 273 Segarra Ortiz, Osvaldo 273
Esteves Soto, Luz N. 273 Silva Santiago , Iris Bellsie 273
Figueroa Rodriguez, 273 Toro Camacho, Inocencio 273
Carmen R. Torres, Ana Lucia 273
Feneque Carrero , Amparo 273 Torres Marrero, Isabel 273
Fortuna Vega, Rosendob b 238 Valentin Rosado, Andrea 273
French , Drayne 273 Vargas, Jose 273
Gonzalez, Angel 273 Vargas, Nilsa 273
b Backpay period started December 11, 1964
SOUTHLAND MANUFACTURING CORP. 1047
Vargas, Alicea, Luis 273 Muniz, Petra 299 NONSTRIKING EMPLOYEES ON
Vazquez Toro, Felix 273 Pagan Sanabria, Margarita 299 TEMPORARY LAYOFF WHEN
Vazquez Torres, Placido 273 Ramos, Livia E. 299 LOCKOUT BEGAN
V l R it 273 S h R dR 299amone ez, a
Velez, Rosario 273
ivera ez, icaranc o
Rodriguez, Carmen 299 Hourly Pay Rate 93.5 cents $
Velez Rios , Carmen Iris 273 Rosas Medina, Aurora 299 Carrero, Maria 255
Velez Torres, Juanita A. 273 Ruiz Irizarry, Gabino 299 Cintron Irizarry, Elvira 255
Velez Vega, Luz Selenia 273 Ruiz Betancourt, Jaime 299 Correa Echevarna, Irene 255
Vientos, Eroilda 273 Santoni Velezquez Aurea 299 Escabi Segarra, Patria M. 255
Villarini Baez, Amparo 273 Segarra, Rita 299 Montalvo Pellot, Gregorio 255
Zapata Dominguez , Cesar 273 Toro Perez, Elsa 299 Montanez Laracuente, Rosa255
Zapata Lugo, Edith 273 Vargas Perez, Ivan 299 Mendez Mercado, Maxima 255
Hourly Pay Rate $1.05 $ Hourly Pay Rate $1.125 $ Pagan Silva, Jose 255
Rivera Muniz, Gloria 255
Aviles Torres, Irma I. 286 Vega Mercado, Ferdinand 308 Ramos, Zelma 255
Colon, Candida 286 Simonetti, Carmen Lydia 255
Feliciano Ayala, Victorina
Figueroa de Acevedo
286
286
Hourly Pay Rate $1.15 $ Soto Rodriguez, Luz
Celenia
255
,
Andreita
Figueroa Hernandez , Luz 286
Ruperto Hernandez, Luis
Angel
313 Torres, Luz Celenia
Torres de Vega Maria
255
255
M. Roca Valentin, Rafael 313
,
Haydee
Garcia, Maria
Hernandez , Lucia
286
286
Hourly Pay Rate $1.20 $
Hourly Pay Rate $1.00 $
Lebron Rodriguez, Lucia 286 Fernandez Rodriguez, 326
Marrero de Mas, Consuelo 286 Pascual Castillo Pluquez, Juan 273
Muniz Ramos , Isabel 286 Lopez Lazartte, Angel L. 326 Lopez Reyes, Minerva 273
Nunez Torres, Blanca Ins 286 Lopez Velez, Ramona 273
Ojeda Alvarez, Margarita 286 Hourly Pay Rate $1.25 $ Lugo Doren, Hilda 273
Perez, Carmen J. 286 CarmenLugo Hernandez 273
Plaza , Rosa Julia 286
Ramos Rivera , Elida 286
Aponte, Ementa
Gonzalez Rivera,
340
340
,
Martinez Rosado,
Esperanza
273
Robles Medina, Hortencia 286 Magdaleno CarlosSegarra Gracia 273
Rosario Mendez , Carmen 286 Irizarry Ferrer, Herminio 340
,
Velez Aviles Delma 273
Elena Lopez Lazartte, Waldemar 340
,
AidaVelez Ortiz 273
Seda de Caseres, Maria 286
Simon , Josefa 286
Olivera Estrada, Macano
Perez Ortiz, Marina
340
340
,
Hourly Pay Rate $1.10 $
Ti l 86 Rodri uez de Nazario 340rado, Estrel a 2
Vazquez, Carmen Rita 286
g ,
Angelica Bisbal Rodriguez, Salvador 299
V ViVelez Aviles, Eloina 286
Vivas de Acevedo 286
ega centy, Eulalia 340
Hourly Pay Rate $1.25 $,
Monserrate
Hourl Pa Rate $1 10 $
Hourly Pay Rate $1.35 $ Colon Vazquez, Agustin 340
y .y
Acevedo Cruz, Flor 299
Bauza , Elizabeth 299
Colon Ortiz, Pedro P. 299
Vega Santiago, Roberto
Hourly Pay Rate $1.375 $
368
Creitoff Camacho, Iraides 299
Irizarry Bulls, Lilliam 299
Maiz Perez, Jenaro 299
Montalvo Martinez 299
Cancel Pagan, Nildac c
Hourly Pay Rate $1.50 $
329
,
Angeles A.
Morales Miranda, Eduardo 299
Montalvo de Segarra,
Donsc c
359
c Backpay period started December 10, 1964