F & F Construction Co., 287 (1984)

F & F CONSTRUCTION CO.

F & F Construction Co., Inc. and Ronald Barker, d/b/a R. L. Barker Construction Company and Local Union 120, Laborers International Union of North America. Cases 25-CA-8627, 25-CA7132, and 25-CA-8156

20 March 1984 SUPPLEMENTAL DECISION AND

ORDER

BY CHAIRMAN DOTSON AND MEMBERS

ZIMMERMAN AND HUNTER

On 5 May 1978 the Board issued a Decision and Order1 in which it directed, inter alia, that Respondent F & F Construction Co., Inc. (herein F & F) its officers, agents, successors, and assigns, make certain employees whole for any loss of pay they may have suffered as a result of the Respondent's unfair labor practices in violation of Section 8(a)(3) and (5) of the National Labor Relations Act. On 28

April 1979 the United States Court of Appeals for the Seventh Circuit entered its judgment enforcing the Board Order.2

On 7 November 1980 the Regional Director for Region 25 issued a backpay specification. On 18 May 1981 the Regional Director amended the backpay specification to name Roland Barker, d/b/a R. L. Barker Construction Company (herein Barker d/b/a) as an alleged alter ego of Respondent F & F. On 8 July 1982 the Board issued a Supplemental Decision and Order3 which concluded that Barker d/b/a was the alter ego of F & F and directed both F & F and Barker d/b/a to pay to certain employees the backpay computed therein.

On 27 September 1983 counsel for the General Counsel filed with the Board a document styled 'Motion to Join Party.' In it the General Counsel alleged that R. L. Barker Construction Co., Inc.

(herein Barker Inc.) is the further disguised continuation of Respondent F & F and moved the Board for summary judgment that Barker Inc. is the second alter ego of the Respondent.4

In addition, the General Counsel moved the Board to issue an appropriate amended order requiring Barker Inc. to comply with the obligation imposed on F & F and Barker d/b/a to pay backpay to certain employees of F & F Barker Inc. did not oppose the motion.

'F &F ConstructionCo., 235 NLRB 1440.

' NLRB v. F &F ConstructionCo., enfd. mem. 601 F.2d 595.

3 F &F Construction Ca. Inc, and Roland Barker d/b/a R. L Barker Construction Company, 262 NLRB 735. The case caption was amended to include Roland Barker d/b/a as a Respondent.

4 In support of his allegation, counsel for the General Counsel attached to the motion records of a bankruptcy proceeding in which the judge consolidated the petitions of Barker d/b/a and Barker Inc.

269 NLRB No. 64

On 5 October 1983 the Board issued an order transferring proceeding to the Board and a Notice to Show Cause why the General Counsel's Motion for Summary Judgment should not be granted.

Barker Inc. has...