980 F. 2d 730 - National Labor Relations Board v. Hobart Mining Company Inc

Before KEITH and NATHANIEL R. JONES, Circuit Judges, and ALLEN, Senior District Judge.*

SUPPLEMENTAL JUDGMENT ENFORCING A SUPPLEMENTAL ORDER, AS

CORRECTED, OF THE NATIONAL LABOR RELATIONS BOARD

The National Labor Relations Board (the "Board") applies for summary enforcement of its supplemental order dated July 27, 1990, as corrected by order dated August 20, 1992, in Case Nos. 9-CA-25135-1 through -6, -8, -9, -11, and 9-CA-25357, setting forth the amount of backpay due employees as the result of violation of federal labor law.

The respondent opposes enforcement on grounds it (1) has ceased all business operations and is defunct, (2) has filed for and been granted a discharge of its debts in bankruptcy and (3) has had its certificate of incorporation revoked. For the reasons stated in our judgment enforcing the original Board decision and order in this proceeding, we agree with the Board that the above events are not defenses to the present application for enforcement. See, e.g., NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934, 943 (6th Cir.1986).

It therefore is ORDERED that the application for summary enforcement is granted. The respondent, Hobart Mining Company, Inc., Floyd County, Kentucky, its officers, agents, successors, and assigns shall make whole the following discriminates by paying the amounts detailed in the amended compliance specification and summarized below plus interest accrued to date of payment, minus the tax withholding required by law:

NAME                         NET BACKPAY         MEDICAL EXPENSE
Cola Ray Akers                 $ 6,430                $ 7,422.48
Cletis Boyd                      5,390                     " 0 "
Adrian Carroll                   5,318                  5,805.00
Edgar Carroll                    5,288                  1,185.52
Arthur Collins                   5,381                  1,800.00
Danny Jarrell                    4,385                    674.63
George Kidd, Jr.                 5,096                     " 0 "
Michael Kidd                     5,419                    785.95
Hazie Boyd                         581                  1,147.18
Wayne Tackett                    5,406                     " 0 "
Frank Kidd, Jr.                  2,615                     " 0 "
                             -----------         ---------------
           TOTAL               $51,309    TOTAL       $18,820.76

Interest shall be computed in accordance with the formula in New Horizons for the Retarded.1

The Respondent is further ordered to pay the 1950 Pension Trust, the 1950 Benefit Trust, and the 1974 Pension Trust the amounts detailed in the amended compliance specification and summarized below, plus any additional amounts, if any, to be computed in the manner prescribed in Merryweather Optical Co., 240 NLRB 1213 (1979):

1950 Pension Trust                   $41,075
1950 Benefit Trust                    23,683
1974 Pension Trust                    11,585
                                     -------
               TOTAL                 $76,343