National Labor Relations Board, Petitioner/cross-respondent, v. Joyce Western Corporation; Miami Springs Properties, Inc.;james H. Kinley & Sons, Inc.; James H. Kinley Andassociates; Ex Coal Sales, Inc.; and Christina Resources,inc., Respondents/cross-petitioners, 876 F.2d 894 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 876 F.2d 894 (6th Cir. 1989) June 16, 1989

JUDGMENT

Before ENGEL, Chief Judge and MERRITT and DAVID A. NELSON, Circuit Judges.

ENGEL, Chief Judge.


THIS CAUSE came on to be heard upon the application of the National Labor Relations Board for the enforcement of a certain supplemental order issued by it against the Respondents, Joyce Western Corporation; Miami Springs Properties, Inc.; James H. Kinley & Sons, Inc.; James H. Kinley and Associates; Ex Coal Sales, Inc.; and Christina Resources, Inc., Salyersville, Kentucky, their officers, agents, successors, and assigns, on September 30, 1987. On April 18, 1988, the Respondents filed a cross-petition to review. The Court heard argument of respective counsel on February 6, 1989, and has considered the briefs and transcript of record filed in this cause. On April 26, 1989, the Court, being fully advised in the premises, handed down its opinion granting enforcement of the Board's Supplemental Order, as modified. In conformity therewith, it is hereby

ORDERED AND ADJUDGED by the Court that Respondents, Joyce Western Corporation; Miami Springs Properties, Inc.; James H. Kinley & Sons, Inc.; James H. Kinley and Associates; Ex Coal Sales, Inc.; and Christina Resources, Inc., jointly and severally, Salyersville, Kentucky, their officers, agents, successors, and assigns, shall pay to the persons listed in the attachment hereto the amount set forth opposite their names, together with interest (less amounts already paid), computed in the manner prescribed in New Horizons for the Retarded.1 

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 APPENDIX A APPENDIX B APPENDIX C AMOUNTS ALREADY PAID PURSUANT TO SETTLEMENT AGREEMENT ENTERED INTO IN 1983 Discriminatees March 10 August 1 Sep. 25, Sep. 25, '79 '79 Aug. 1, 75 Dec. 30 75 July 1985 Dec. 1982 TOTALS -------------------------------------------------------------------------------------------- Lowell Adams $2,367.40 $551.24 $0.00 $0.00 $2,918.64 $545.30 Milton Adams $5,505.40 $81.60 $1,407.71 $27,639.84 $34,634.55 $603.80 Roy Arnett $6,188.00 $4,779.51 $0.00 $0.00 $10,967.51 $616.51 Walter Auxier $6,463.40 $1,826.25 $0.00 $6,541.44 $14,831.09 $621.85 Monroe Bach $4,384.40 $898.57 $0.00 $0.00 $5,282.97 $582.69 Cleveland Bailey $5,288.40 $102.05 $6,515.81 $722.02 $12,628.28 $559.71 Paul Bailey $778.59 $0.00 $0.00 $0.00 $778.59 $515.26 Arlie Holbrook $7,091.29 $4,785.52 $18,531.38 $0.00 $30,408.19 $633.45 Bobby Ray Howard $6,684.00 $81.60 $0.00 $1,333.94 $8,279.54 $629.90 Calla Howard $6,888.00 $0.00 $59.03 $1,118.09 $8,065.12 $629.80 Henry James $5,381.62 $30.10 $0.00 $4,868.71 $10,215.83 $600.83 Luther Jordan $6,660.00 $81.60 $1,746.49 $8,745.97 $17,234.06 $625.22 Joe R. Minix $5,288.40 $898.57 $5,516.65 $0.00 $11,703.62 $699.00 Roy Von Minix $3,744.00 $4,046.00 $0.00 $0.00 $7,790.00 $687.48 Bubby Montgomery $7,479.68 $5,581.03 $87,282.80 $12,868.48 $113,211.99 $641.01 Marcus $4,269.96 $0.00 $0.00 $0.00 $4,269.96 $580.42 Pennington Burlie Perkins $4,312.00 $2,311.33 $4,772.82 $24,683.68 $36,079.83 $581.99 O'Banion Ritchie $3,370.15 $0.00 $0.00 $0.00 $3,370.15 $563.62 Joe Salyer $4,972.00 $898.57 $5,122.89 $604.18 $11,597.64 $593.80 Kenneth W. $5,104.00 $898.57 $1,455.36 $0.00 $7,457.93 $596.74 Salyer Robert W. Salyer $5,104.00 $898.57 $5,752.48 $686.02 $12,441.07 $596.74 Conley Turner $4,876.88 $898.57 $0.00 $6,783.35 $12,558.80 $592.25 Glenny Wisecup $6,864.00 $81.60 $1,998.37 $19,631.21 $28,575.18 $620.61 -------------------------------------------------------------------------- TOTAL $119,182.57 $29,730.85 $140,161.- $116,226.- $405,340.51 $13,917.98 79 79
 1

In accordance with the decision in New Horizons for the Retarded, 283 NLRB No. 181 (May 28, 1987), interest on and after 1 January 1987 shall be computed at the "short-term Federal rate" for the underpayment of taxes as set out in the 1986 amendment to 26 U.S.C. § 6621. Interest on amounts accrued prior to 1 January 1987 (the effective date of the 1986 amendment to 26 U.S.C. § 6621) shall be computed in accordance with Florida Steel Corp., 231 NLRB 651 (1977)

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