Unpublished Dispositionnational Labor Relations Board, Petitioner, v. Coal Systems, Inc., W. Julian Scalf Engineering &construction Company, Inc., Scalf Engineeringinc., Scalf Engineering & Associates,inc. and J. Scalfmanufacturing Co.,inc., Respondents, 865 F.2d 259 (6th Cir. 1988)

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U.S. Court of Appeals for the Sixth Circuit - 865 F.2d 259 (6th Cir. 1988) Dec. 22, 1988

Before BOYCE F. MARTIN, Jr. and NATHANIEL R. JONES, Circuit Judges, and JOHN FEIKENS, Senior District Judge.* 

ORDER

This Court having on June 20, 1985, entered its judgment enforcing in full the backpay provision of the Order of the National Labor Relations Board, the Board, on February 11, 1988, issued its Supplemental Decision and Order fixing the amount of backpay due the discriminatees and having thereafter applied to this Court for summary entry of a supplemental judgment specifying the amount of backpay due:

IT IS HEREBY ORDERED AND ADJUDGED by the Court that Respondents, Coal Systems, Inc., W. Julian Scalf Engineering & Construction Company, Inc., Scalf Engineering, Inc., Scalf Engineering & Associates, Inc., and J. Scalf Manufacturing Co., Inc., their officers, agents, successors, and assigns, shall make whole the claimants by payment to them and/or to the United Mine Workers of America 1974 Pension Trust (pension benefits only) the following amounts with interest:

 Pension Net Backpay Contributions Lenvil Campbell $212.80 $41.48 Curtis Clark 0 014  Bobby Emmert 3,894.86 442.80 Steve Fain 287.04 23.8515  Ricky Goggins 2,848.00 230.5316  Albert Horn 716.80 57.0717  Robert Hunt 4,838.17 390.6318  Richard Kendrick 415.80 36.29 Richard King 0 130.1119  Daniel Madden 5,523.51 453.1620  Ballard Parsons 3,117.94 271.1121  Roger Phillips 0 0 Harold Preece 884.80 74.66 Jimmy Ramey 352.53 32.1522  Rex Ross 79.19 70.2823  Doug Rutherford 469.26 40.9624  Joe Sparks 0 130.1125  Douglas Tackett 26.14 2.0726  Jackie Tackett 0 027 

The above indicated sums shall be payable with interest computed thereon in the manner prescribed in F.W. Woolworth Company, 90 NLRB 289 (1950), and Florida Steel Corporation, 231 NLRB 651 (1977). There shall be deducted from the net wages due claimants appropriate social security taxes and income taxes as required by Federal and State Laws.

 *

The Honorable John Feikens, U.S. Senior District Judge for the Eastern District of Michigan, sitting by designation

 14

Joint Exhibit 1 amounts disallowed

 15

Q-4, 1981 limited to 8 hrs. at $11.88 as Joint Exhibit 1 amounts disallowed. 23 hrs. pension at $1.037

 16

Q-4, 1981 limited to 154.5 hrs. at $12.80 as Joint Exhibit 1 amounts disallowed; 56 hrs. pension at $1.037

 17

Q-4, 1981 limited to 56 hrs. at $12.80 as Joint Exhibit 1 amounts disallowed; 56 hrs. pension at $1.037

 18

Q-4, 1981 limited to 207.5 hrs. at $12.80 as Joint Exhibit 1 amounts disallowed; pension reduced by 60.87 per Joint Exhibit 1

 19

Per stipulation of the parties

 20

Q-4, 1981 limited to 203.5 hrs. at $13.07 and pension reduced $78.68 per Joint Exhibit 1

 21

Q-4, 1981 limited to 47.5 hrs. at $12.80 and pension reduced by $75.35 per Joint Exhibit 1

 22

Per stipulation of the parties

 23

Joint Exhibit 1 amounts disallowed; Q-2, 1982--10 hrs. Ironworker B at $12.80 disallowed; 1982 pension reduced by $10.37 (10 hrs. at $1.037)

 24

Q-4, 1981 limited to 39.5 hrs. at 11.88 as Joint Exhibit 1 amounts disallowed. Pension reduced by 97.52 per Joint Exhibit 1

 25

Per stipulation of the parties

 26

Q-14, 1981 reduced to 2 hrs. at $13.07 and pension limited to $2.07 (2 X $1.037) as Joint Exhibit 1 amounts disallowed

 27

Joint Exhibit 1 amounts disallowed

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