Yorkaire, Inc.

National Labor Relations Board - Board Decisions

Apr 30, 1999

328 N.L.R.B. 286 (N.L.R.B. 1999)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 286
Yorkaire, Inc. and Sheet Metal Workers Local Union
No. 19. Cases 4–CA–16100, 4–CA–16199, and 4–
CA–16225
April 30, 1999
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS FOX
AND HURTGEN
On November 30, 1989, the National Labor Relations
Board issued an Order1 requiring the Respondent,
Yorkaire, Inc., inter alia, to make whole its sheetmetal
workers for any loss of earnings suffered as a result of
the Respondent’s changing their terms and conditions of
employment in violation of Section 8(a)(5) and (1). On
December 6, 1990, the United States Court of Appeals
for the Third Circuit enforced the Board’s Order in full.2
On March 31, 1994, the Regional Director for Region
4 issued a compliance specification alleging liability for
backpay to “unit employees” pursuant to the Board’s
Order. On May 4, 1994, the Respondent filed an answer
which denied liability based on its contention that none
of the individuals named in the specification were “unit
employees,” either because they were statutory supervi-
sors or because they were temporary replacements for
unfair labor practice strikers. Further, the Respondent’s
answer contended that, in any event, the Respondent
“should not be responsible for more than seven years
worth of interest.” On August 31, 1994, the Regional
Director issued an amended compliance specification
that substituted “sheet metal workers,” the term used by
the Board in its enforced Order, for “unit employees.”
On September 26, 1994, the Respondent filed an
amended answer denying liability only on the grounds
previously asserted.
On June 5, 1997, counsel for the General Counsel,
Charging Party Sheet Metal Workers Local Union No.
19, and Respondent Yorkaire, Inc., filed a motion to
transfer the compliance proceeding to the Board. The
parties agreed that the motion with its eight exhibits, in-
cluding, inter alia, the administrative law judge’s deci-
sion, the Board’s decision, the enforcement order of the
United States Court of Appeals for the Third Circuit, the
compliance specification and its amendment and answers
thereto, the stipulation of facts, and any specifically ref-
erenced portions of the record in the unfair labor practice
proceeding appended to future documents, constituted
the entire record in this case. The parties further agreed
that no oral testimony was necessary or desired by any of
the parties and that they waived a hearing before an ad-
ministrative law judge, the making of findings of fact and
conclusions of law, and the issuance of an administrative
law judge’s supplemental decision.

1 297 NLRB 401.
2 NLRB v. Yorkaire, Inc., 922 F.2d 832.
On July 24, 1997, the Board issued an order approving
the stipulation and transferring the proceeding to the
Board. The General Counsel and the Respondent subse-
quently filed briefs.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
On the entire record, the Board makes the following
findings.
I. FACTS
This compliance proceeding follows the Board’s 1989
findings that the Respondent violated Section 8(a)(5) and
(1) by changing the terms and conditions of employment
of its sheet metal workers and by withdrawing recogni-
tion from Sheet Metal Workers Local Union No. 19 as
their bargaining representative. The Board also found
that as a consequence of these changes some of the sheet
metal workers engaged in an unfair labor practice strike,
and replacements were hired. The court-enforced order,
inter alia, requires the Respondent to make whole the
sheet metal workers and various funds.
The Respondent does not contest the amended compli-
ance specification data, backpay formula, and calcula-
tions. The specification, in appendices A through J,
specifies the amounts the Respondent owes to sheet
metal workers James Erisman, Gary Paules, James
Huffman, Jesse Diehl, Thomas Grindell, Stephen Masek,
William Smick, Jody Miller, Christopher Elser, and
Robert Williams employed during the backpay period.3
The specification also specifies the total amounts the
Respondent owes: $25,957.57 backpay; $7,137.17 Vaca-
tion Fund; $13,499.24 Welfare Fund; $12,791.42 Pen-
sion Fund; $6,062.53 Annuity Fund; $4,399.46 SASMI
Fund; and $1,349.55 Apprenticeship and Training Fund;
plus interest accrued on all the above amounts to the date
of payment.
II. ISSUES
There are two issues: (1) whether interest should be
tolled because of the time spent in processing this case;
and (2) whether replacements for unfair labor practice
strikers are entitled to restitution.4
III. CONTENTIONS OF THE PARTIES
The Respondent’s first contention is that the interest
on the backpay and fringe benefit payments should be
tolled due to Board delays in processing this case. The
Respondent notes that both the dispute at issue5 and the
3 The amended compliance specification’s Appendices A through J
are reprinted here in Appendix I.
4 The Respondent no longer contends that individuals named in the
specification are statutory supervisors. The specification lists the fol-
lowing replacements: Jesse Diehl, Thomas Grindell, Stephen Masek,
William Smick, Jody Miller, Christopher Elser, and Robert Williams.
5 The Respondent unilaterally changed the terms and conditions of
employment of its sheet metal workers on August 23, 1986.
328 NLRB No. 38
YORKAIRE, INC. 287
issuance of the judge’s decision6 occurred more than a
decade ago. The Respondent also notes: the Board took
in excess of 2 years to adopt the judge’s recommended
order;7 the Board’s Regional Director did not issue the
compliance specifications until more than 3 years after
the Third Circuit issued its order enforcing the Board’s
Order;8 almost 3 more years elapsed before the parties
executed the motion transferring this compliance pro-
ceeding to the Board.9 The Respondent asserts that the
Board has engaged in unwarranted delays and therefore
the Respondent should pay no interest on its remedial
obligation. The Respondent also contends that the inter-
est on the benefit payments “will not inure to the direct
benefit of the adversely effected employees.”10
The Respondent’s second contention is that there
should be no restitution for those sheet metal workers
who are replacements for unfair labor practice strikers.
To support this contention, the Respondent cites the
freedom of employers to unilaterally set the terms and
conditions of employment for replacements for economic
strikers.11 The Respondent therefore contends that it
should also be free to unilaterally set the terms and con-
ditions of employment for replacements for unfair labor
practice strikers whose status, it argues, is merely “tem-
porary.”
The General Counsel contends that interest is an ele-
ment of compensation and not a penalty and that elimi-
nating interest payments “would constitute a windfall to
the wrongdoer at the expense of the wronged.”12 The
General Counsel also argues that the Respondent has
caused delays in the processing of this case by asserting
“untimely and meritless arguments that are directly con-
trary to positions it previously asserted in this proceed-
ing.”
The General Counsel also contends that the Board’s
order to restore the status quo ante requires monetary
payments to replacements for unfair labor practice strik-
ers. First, the General Counsel asserts that the Respon-
dent was on notice in earlier phases of this proceeding
that a make-whole remedy was sought for strike re-
placements. The General Counsel points to the Respon-
dent’s concession at the hearing that the strike replace-
ments performed bargaining unit work;13 the General

6 Administrative Law Judge Thomas A. Ricci issued his decision on
July 21, 1987.
7 The Board issued its Decision and Order on November 30, 1989.
8 The circuit court issued its order on December 6, 1990. The Re-
gional Director issued the compliance specification on March 31, 1994,
and the amended compliance specification on August 31, 1994.
9 The parties filed the motion on June 5, 1997.
10 The Respondent cites NLRB v. W. L. Miller Co., 871 F.2d 745 (8th
Cir. 1989).
11 The Respondent relies on Imperial Outdoor Advertising, 192
NLRB 1248 (1971), enfd. 470 F.2d 484 (8th Cir. 1972).
12 The General Counsel cites, inter alia, NLRB v. Rutter Rex Mfg.
Co., 396 U.S. 258, 264–265 (1969).
13 Specifically, the General Counsel refers to one of the Respon-
dent’s exhibits from the hearing before the judge. This exhibit is a
Counsel’s request in her brief to the judge that strike-
replacements be included in the remedial provisions; and
the judge’s extension of his remedy to “sheetmetal work-
ers.” Second, the General Counsel relies on Board
precedent which holds that replacements for unfair labor
practice strikers are to be made whole for unlawful
changes in employment conditions. Carpenter Sprinkler
Corp., 238 NLRB 974, 976 (1978), enf. denied in rele-
vant part 605 F.2d 60, 66–69 (2d Cir. 1978).14 Third, the
General Counsel argues that making replacements whole
is not a windfall but only payment at the lawful contrac-
tual rate.
IV. DISCUSSION
In regard to the Respondent’s continuing liability to
pay interest, it is well established that the cost of any
delay is to be born by the wrongdoer, not by the wronged
employees. In NLRB v. Rutter-Tex Mfg. Co., 396 U.S.
258 (1969), the Supreme Court held that “[w]ronged
employees are at least as much injured by the Board’s
delay in collecting their backpay as is the wrongdoing
employer,”15 and found that “the Board is not required to
place the consequences of its own delay, even if inordi-
nate, upon wronged employees to the benefit of wrong-
doing employers.”16 The Court ordered that the wrong-
doing employer should bear the cost of delay.
The Rutter-Rex principle also applies to the interest
payments on monetary remedies. See Mid-State Ready
Mix, Inc., 316 NLRB 500 (1995), where the Board relied
on Rutter-Rex and its progeny,17 and also noted that “in-

petition seeking to remove Sheet Metal Workers Local Union No. 19 as
representative. Jesse Diehl, Stephen Masek, and William Smick are
signers. The General Counsel also refers to the Respondent’s repeated
assertion that it lawfully withdrew recognition from the Union based on
this petition in its brief to the Board in support of its exceptions to the
judge’s decision. The General Counsel further refers to one of her own
exhibits from the hearing which lists as replacements holding positions
of “helper,” “mechanic trainee,” or “mechanic B”: Jesse Diehl, Tho-
mas Grindell, Stephen Masek, William Smick, Christopher Elser, and
Robert Williams. The General Counsel notes that the Respondent
prepared this exhibit pursuant to a subpoena and testified at the hearing
that the positions listed were in the bargaining unit.
14 The General Counsel distinguishes the Second Circuit’s decision
in Carpenter Sprinkler, supra, on the grounds that the court found that:
(1) the employer was given no notice concerning its liability for pay-
ments to replacements; and (2) Imperial Outdoor Advertising, supra,
was dispositive. The General Counsel argues that the Respondent here
had notice. Thus, as indicated above, the Respondent (1) conceded at
the hearing that replacements performed bargaining unit work; (2) the
General Counsel in the unfair labor practice phase of this proceeding
specifically requested, and obtained, a make-whole remedy for strike
replacements; and (3) the judge’s order extended to all “sheetmetal
workers,” was adopted by the Board, and was enforced by the Third
Circuit Court of Appeals. Finally, the General Counsel distinguishes
Imperial Outdoor Advertising, supra, on the ground that there, unlike
here, the collective-bargaining agreement had expired; see Hi-Grade
Materials Co., 239 NLRB 947, 955 fn. 16 (1978), which distinguished
Imperial on that basis.
15 Rutter-Rex, supra at 264.
16 Id. at 265 (citations omitted).
17 Carrothers Construction Co., 274 NLRB 762 (1985); Smyth Mfg.
Co., 277 NLRB 680 (1985).
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 288
terest is not a penalty, but is the method of reimbursing
victims for the time value of the money that they lost and
that the employer had.”18
Accordingly, we conclude that delay is no basis to
deny remedial interest to the wronged employees.
The Respondent also argues that it should not be re-
quired to pay interest to benefit funds because it will not
inure to the direct benefit of the adversely affected em-
ployees. However, the Board’s order, enforced in full by
the Third Circuit, requires interest on such payments.
Accordingly, we find that this is an attempt to relitigate
an issue that has been finally resolved against the Re-
spondent.
Moreover, funds established by a collective-bargaining
agreement, such as those included in the remedy here, are
an integral part of a make-whole remedy. The Board has
consistently found that “employees have, in addition to a
stake in receiving benefits negotiated on their behalf by
their chosen representatives, a clear economic stake in
the viability of funds to which part of their compensation
is remitted.”19 Thus, interest on the benefit payments is
designed to guarantee that contractually established
funds are as financially viable as they would have been
absent the Respondent’s wrongdoing. Thus, contrary to
the Respondent, these payments inure to the direct bene-
fit of the wronged employees.
Accordingly, we find no merit to the Respondent’s
contention that the interest on the backpay and fringe
benefit payments should be tolled due to delay in the
administrative process.20 We find that the Respondent

18 The Board cited NLRB v. International Measurement & Control
Co., 978 F.2d 334, 337 (7th Cir. 1992). See also Unitog Rental Ser-
vices, 318 NLRB 880 (1995).
19 Grondorf, Field, Black & Co., 318 NLRB 996, 997 (1995) (cita-
tions omitted), enfd. in pertinent part 107 F.3d 882 (D.C. Cir. 1997).
The court specifically endorsed the Board’s holding in this respect.
However, the court remanded the issue so that the employer might
show employees received benefits from employer-sponsored plans and
that their value should be deducted from what the employer owed the
union plans. Here, the Respondent makes no such claim.
20 The Respondent’s reliance on NLRB v. W. L. Miller Co., supra, is
misplaced. First, that was not a backpay proceeding. Second, in that
case, the Board’s Deklewa rule was at issue. See John J. Deklewa &
Sons, 282 NLRB 184 (1987), enfd. sub nom. Iron Workers Local 3 v.
NLRB, 843 F.2d 770 (3d Cir. 1988). The administrative law judge
found that an 8(f) agreement had converted to a 9(a) agreement. The
Board, however, applied its new Deklewa rule and found that the 8(f)
agreement was enforceable during its term but that there was no pre-
sumption of majority status afforded to the union following the expira-
tion of the agreement. The Board ordered damages for breach of the
agreement and restitution to the union fund along with interest on the
amount due. On appeal, the United States Court of Appeals for the
Eighth Circuit upheld the Board’s Deklewa rule and its retroactive
application. However, the court found manifest injustice in the “Dek-
lewa” delay in the administrative process. The court noted that the sole
issue was payment to the union benefit fund, that none of the employ-
ees had been union members, and that the agreement had expired be-
fore the incidents giving rise to the proceeding had occurred and before
Deklewa was litigated. The court therefore found that the employer
should not have to pay interest on its restitution obligation for approxi-
mately the time the Board reevaluated the case in light of Deklewa.
must make the payments detailed in the specification
including interest accrued on all the amounts to the date
of payment.
We also conclude that the strike replacements are enti-
tled to a remedy. As to this remedial issue, the Respon-
dent acknowledges the similarities between this case and
Carpenter Sprinkler Corp., supra, in which the Board
held that, when unlawful unilateral changes in unit em-
ployees’ wages and benefits preceded, and were the pre-
cipitating cause of, a strike, the remedy for the unlawful
changes properly covered both the striking employees
and their temporary replacements, who were paid at the
unlawfully implemented wage and benefit rate. 238
NLRB at 976. The Respondent nevertheless argues for
the first time in its exceptions to the compliance specifi-
cation that Carpenter Sprinklers was wrongly decided
and that the striker replacements should not, as a matter
of law, be entitled to a remedy. We reject this belated
contention for the following reason. In the underlying
case, the General Counsel sought a remedy for “sheet
metal workers,” specifically including those sheet metal
workers who were replacements for unfair labor practice
striker. (The General Counsel avoided the term “unit
employees,” as that term could be construed to exclude
replacements for unfair labor practice strikers.) In
agreement with the General Counsel, the judge awarded
the remedy to “sheet metal workers.” The Board agreed,
and the court enforced the order. The Respondent did
not argue to the Board that this remedial order was erro-
neous in this respect, i.e., that replacements for unfair
labor practice strikers should not share in the 8(a)(5)
remedy because they are not unit employees, and, be-
cause Respondent did not do so, it was not free to raise
the issue before the circuit court.21 Moreover, even if
Respondent had raised these issues, the order is now res
judicata. In these circumstances, Respondent cannot
belatedly make the contention now.22
ORDER
The National Labor Relations Board orders that the
Respondent, Yorkaire, Inc., York, Pennsylvania, its offi-
cers, agents, successors, and assigns, shall make whole
the individuals named below in Appendix I, by paying
them the amounts following their names, with interest to
be computed in the manner prescribed in New Horizons
for the Retarded, 283 NLRB 1173 (1987), minus tax
withholdings required by Federal and state laws. The

The court assessed interest during the agreement’s term and from the
time the Board issued its decision, waiving the intervening period. In
all other respects, the restitution remedy was enforced. Thus, Miller
concerns the peculiarities of Deklewa’s change in precedent and retro-
active application. It does not deviate from the Rutter-Rex rule that
delay may not benefit the wrongdoer at the expense of wronged em-
ployees.
21 See Sec. 10(e) of the Act.
22 Member Hurtgen believes that the Second Circuit’s reversal of the
Board’s decision in Carpenter Sprinkler is correct. However, he agrees
with his colleagues that the Respondent has belatedly raised this point.
YORKAIRE, INC. 289
Respondent shall also remit to the trust funds the contri-
butions which the Respondent failed to make as indicated
in Appendix I, plus additional amounts, if any, as pre-
scribed in Merryweather Optical Co., 240 NLRB 1213
(1979).23 Total amounts due and payable are as follows:

Net Backpay Medical Expenses

James Erisman $ 3,353.81 $61.50
Gary Paules 2,409.27 536.55
James Huffman 2,498.87 ---
Jesse Diehl 1,330.80 402.53
Thomas Grindell 3,683.14 356.91
Stephen Masek 4,136.10 356.91
William Smick 4,491.13 ---
Jody Miller 32.00 ---
Christopher Elser 1,531.44 ---
Robert Williams 662.70 113.92
Total Backpay $25,957.57
Total Medical Expenses $1,828.32

23 To the extent that an employee has made personal contributions to
funds that are accepted by the funds in lieu of the employer’s delin-
quent contributions during the period of the delinquency, the respon-
dent will reimburse the employee for amounts paid, with interest, but
the amount of such reimbursement will constitute a setoff to the amount
that the respondent otherwise owes the funds. See Donovan & Associ-
ates, 316 NLRB 169, 170 (1995).
Contributions Owed

Vacation Fund $ 7,137.17
Welfare Fund 13,499.24
Pension Fund 12,791.42
Annuity Fund 6,062.53
SASMI Fund 4,399.46
Appr. Trn. Fund 1,349.55
Total Contributions Owed $45,239.37
Total Amounts Due $73,025.26

J
Posit

Year/Qtr.

Backpay
Wage
Rate

Hrs.
Wked
(Regular)

Hrs.
Wked
(1-1/2X)

Hrs.
Wked
(2X)

Ad
H
W
1986-3 $17.73 204 33.5 8 2
1986-4 17.73 477 28 16 5
1987-1 17.73 284 9 0 2
TOTALS:

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($1.02/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
($2.18/hr)
An
F
($.
1986-3 270.25 $275.66 $451.32 $ 589.15 $2
1986-4 551 562.02 920.17 1,201.18 4
1987-1 297.5 303.45 496.83 648.55 2
TOTALS: $1,141.13 $1,868.31 $2,438.88 $8

APPENDIX IAPPENDIX A
AMES ERISMAN
ion: General Foreman
justed
rs.
ked

Gross
Backpay
Wages

Vacation
Deduction
($1.02/hr.)
Backpay
Wages
Less
Vac. Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
70.25 $4,791.53 $275.66 $4,515.88 $3,582.25 $ 933.63 $.00
51 9,769.23 562.02 9,207.21 7,582.50 1,678.71 61.50
97.5 5,274.68 303.45 4,971.23 4,229.75 741.48 .00
$3,353.81 $61.50

nuity
und
75/hr)

SASMI
Fund
($.67/hr)

Appr. Trn
Fund
($.23/hr)
02.69 $181.07 $62.16
13.25 369.17 126.73
23.13 199.33 68.43
39.06 $749.56 $257.31

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 290
APPENDIX B
GARY PAULES
Position: Foreman

Year/Qtr.

Backpay
Wage
Rate

Hrs.
Wked
(Regular)

Hrs.
Wked
(1-
1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($1.02/hr.)
Backpay
Wages
Less
Vac. Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $16.83 151.5 21 8 199 $3,349.17 $202.98 $3,146.19 $2,578.50 $567.69 $59.88
1986-4 16.83 479.5 21.75 7 526.125 8,854.68 536.65 8,318.04 7,058.80 1,259.24 279.44
1987-1 16.83 282.5 7 0 293 4,931.19 298.86 4,632.33 4,049.99 582.34 197.23

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($1.02/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
($2.18/hr)

Annuity
Fund
($.75/hr)

SASMI
Fund
($.64/hr)

Appr.
Trn
Fund
($.23/hr)
1986-3 199 $202.98 $332.33 $433.82 $149.25 $127.36 $45.77
1986-4 526.125 536.65 878.63 1,146.95 394.59 336.72 121.01
1987-1 293 298.86 489.31 638.74 219.75 187.52 67.39
TOTALS: $1,038.49 $1,700.27 $2,219.51 $763.59 $651.60 $257.31

APPENDIX C
JAMES HUFFMAN
Position: Foreman

Year/Qtr.

Backpay
Wage
Rate

Hrs.
Wked
(Regular)

Hrs.
Wked
(1-1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($1.02/hr.)
Backpay
Wages
Less
Vac.
Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $16.83 192 21 8 239.5 $4,030.79 $244.29 $3,786.50 $3,069.56 $716.94 $.00
1986-4 $16.83 498 23.5 23 579.25 9,748.78 590.84 9,157.94 7,769.24 1,388.70 .00
1987-1 $16.83 183.5 15.5 0 206.75 3,479.60 210.89 3,268.72 2,875.49 393.23 .00
TOTALS: $2,498.87 $.00

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($1.02/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
($2.18/hr)

Annuity
Fund
($.75/hr)

SASMI
Fund
($.64/hr)

Appr.
Trn
Fund
($.23/hr)
1986-3 239.5 $244.29 $399.97 $522.11 $179.63 $153.28 $55.09
1986-4 579.25 590.84 967.35 1,262.77 434.44 370.72 133.23
1987-1 206.75 210.89 345.27 450.72 156.06 132.32 47.55
TOTALS: $1,046.01 $1,712.59 $2,235.59 $769.13 $749.56 $235.87

APPENDIX D
JESSE DIEHL
Position: Limited Apprentice

Year/Qtr.

Backpay
Wage
Rate

Hrs.
Wked
(Regular)

Hrs.
Wked
(1-1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($.52/hr.)
Backpay
Wages
Less
Vac. Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $7.87 144 26 0 183 $1,440.21 $95.16 $1,345.05 $1,074.00 $271.05 $.00
1986-4 7.87 464 17 22 533.5 4,198.65 277.42 3,193.50 3,193.50 727.73 205.30
1987-1 7.87 281.5 0 0 281.5 2,215.41 146.38 2,069.03 1,737.00 332.03 197.23
TOTALS: $1,330.80 $402.53

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($.52/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
(none)

Annuity
Fund
($.50/hr)

SASMI
Fund
($.30/hr)

Appr. Trn
Fund
(none)
1986-3 183 $95.16 $305.61 $137.25 $54.90
1986-4 533.5 277.42 890.95 400.13 160.05
1987-1 281.5 146.38 470.11 211.13 84.45
TOTALS: $518.96 $1,666.66 $839.06 $749.56

YORKAIRE, INC. 291
APPENDIX E
THOMAS GRINDELL
Position: Journeyman

Year/Qtr.

Backpay
Wage
Rate

Hrs. Wked
(Regular)

Hrs.
Wked
(1-
1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($1.02/hr.)
Backpay
Wages
Less
Vac. Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $16.23 80 8 .5 93 $1,509.39 $94.86 $1,414.53 $1,020.25 $394.28 $.00
1986-4 16.23 501.75 16.5 8 542.5 8,804.78 553.35 8,251.43 5,923.50 2,327.93 159.68
1987-1 16.23 244.5 2 .5 248.5 4,033.16 253.47 3,779.69 2,818.75 960.94 197.23
$3,683.14 $356.91

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($1.02/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
($2.18/hr)

Annuity
Fund
($.75/hr)

SASMI
Fund
($.62/hr)

Appr.
Trn
Fund
($.23/hr)
1986-3 93 $94.86 $155.31 $202.74 $69.75 $57.66 $21.39
1986-4 542.5 553.35 905.98 1,182.65 406.88 336.35 124.78
1987-1 248.5 253.47 415.00 541.73 186.38 154.07 57.16
TOTALS: $901.68 $1,476.28 $1,927.12 $839.06 $749.56 $203.32

APPENDIX F
STEPHEN MASEK
Position: Journeyman

Year/Qtr.

Backpay
Wage
Rate

Hrs.
Wked
(Regular)

Hrs.
Wked
(1-1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($1.02/Hr.)
Backpay
Wages
Less
Vac.
Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $16.23 96 9 0 109.5 $1,777.19 $111.69 $1,665.50 $1,095.00 $570.50 $.00
1986-4 16.23 470 4.5 10.5 497.75 8,078.48 507.71 7,570.78 5,158.62 2,412.16 159.68
1987-1 16.23 279.5 0 0 279.5 4,536.29 285.09 4,251.20 3,097.75 1,153.45 197.23
TOTALS: $4,136.10 $356.91

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($1.02/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
($2.18/hr)

Annuity
Fund
($.75/hr)

SASMI
Fund
($.62/hr)

Appr. Trn
Fund
($.23/hr)
1986-3 109.5 $111.69 $182.87 $238.71 $82.13 $67.89 $25.19
1986-4 497.75 507.71 831.24 1,085.10 373.31 308.61 114.48
1987-1 279.5 285.09 466.77 609.31 209.63 173.29 64.29
TOTALS: $904.49 $1,480.87 $1,933.12 $665.06 $549.79 $203.95

APPENDIX G
WILLIAM SMICK
Position: Journeyman

Year/Qtr.

Backpay
Wage
Rate

Hrs.
Wked
(Regular)

Hrs.
Wked
(1-1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($1.02/Hr.)
Backpay
Wages
Less
Vac.
Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $16.23 72 6 0 81 $1,314.63 $82.62 $1,232.01 $810.00 $422.01 $.00
1986-4 16.23 504 18.5 11 553.75 8,987.36 564.83 8,422.54 5,697.00 2,725.54 .00
1987-1 16.23 281 12.5 0 299.75 4,864.94 305.75 4,559.20 3,215.62 1,343.58 .00
TOTALS: $3,353.81 $.00

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 292

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($1.02/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
($2.18/hr)

Annuity
Fund
($.75/hr)

SASMI
Fund
($.62/hr)

Appr. Trn
Fund
($.23/hr)
1986-3 81 $82.62 $135.27 $176.58 $60.75 $50.22 $18.63
1986-4 553.75 564.83 924.76 1,207.18 415.31 343.33 127.36
1987-1 299.75 305.75 500.58 653.46 224.81 185.85 68.94
TOTALS: $953.19 $1,560.62 $2,037.21 $700.88 $579.39 $214.94

APPENDIX H
JODY MILLER
Position: Limited Apprentice

Year/Qtr.

Backpay
Wage
Rate

Hrs. Wked
(Regular)

Hrs.
Wked
(1-
1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($.52/Hr.)
Backpay
Wages
Less
Vac. Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $7.87 16 0 0 16 $125.92 $8.32 $117.60 $85.60 $32.00 $.00
1986-4 7.87 0 .00 .00 .00 .00
1987-1 7.87 0 .00 .00 .00 .00
TOTALS: $32.00 $.00

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($.52/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
(none)

Annuity
Fund
($.50/hr)

SASMI
Fund
($.30/hr)

Appr.
Trn
Fund
(none)
1986-3 16 $8.32 $26.72 $12.00 $4.80
1986-4 0 .00 .00 .00 .00
1987-1 0 .00 .00 .00 .00
TOTALS: $8.32 $26.72 $12.00 $4.80

APPENDIX I
CHRISTOPHER ELSER
Position: Limited Apprentice

Year/Qtr.

Backpay
Wage Rate

Hrs.
Wked
(Regular)

Hrs.
Wked
(1-1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($.52/Hr.)
Backpay
Wages
Less
Vac. Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $7.87 0 $.00 $.00 $.00 $.00
1986-4 7.87 471 8.5 10 503.75 3,964.51 261.95 ,702.56 $2,688.36 1,014.21 $.00
1987-1 7.87 268 4 1 276 2,172.12 143.52 2,028.60 1,511.37 517.24 .00
TOTALS
:
$1,531.44 $.00

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($.52/hr)

Welfare
Fund
($1.67/h
r)

Pen-
sion
Fund
(none
)

Annuity
Fund
($.50/hr)

SASMI
Fund
($.30/hr
)

Appr. Trn
Fund
(none)
1986-3 0 $.00
$.00
$.00 $.00
1986-4 503.75 261.95
841.26
377.81 151.13
1987-1 276 143.52
460.92
207.00 82.80
TOTALS: $405.47 $1,302.1
8
$584.81 $233.93

YORKAIRE, INC. 293
APPENDIX J
ROBERT WILLIAMS
Position: Limited Apprentice

Year/Qtr.

Backpay
Wage
Rate

Hrs. Wked
(Regular)

Hrs.
Wked
(1-
1/2X)

Hrs.
Wked
(2X)

Adjusted
Hrs.
Wked

Gross
Backpay
Wages

Vacation
Deduction
($.52/Hr.)
Backpay
Wages
Less
Vac. Ded.

Actual
Wages

Net
Backpay
Wages

Medical
Expenses
1986-3 $7.87 0 $.00 $.00 $.00 $.00
1986-4 7.87 337.5 17 13.5 390 3,069.30 202.80 2,866.50 $2,247.00 619.50 $.00
1987-1 7.87 32 0 0 32 251.84 16.64 235.20 192.00 43.20 113.92
TOTALS: $662.70 $113.92

Year/Qtr.

Adjusted
Hrs.
Wked

Vacation
Fund
($.52/hr)

Welfare
Fund
($1.67/hr)

Pension
Fund
(none)

Annuity
Fund
($.50/hr)

SASMI
Fund
($.30/hr)

Appr.
Trn
Fund
(none)
1986-3 0 $.00 $.00 $.00 $.00
1986-4 390 202.80 651.30 292.50 117.00
1987-1 32 16.64 53.44 24.00 9.60
TOTALS: $219.44 $704.74 $316.50 $126.60