Backpay

Hotel Management Advisors Troy, LLC d/b/a Metropolitan Hotel Detroit-Troy  (07-CA-098296; 360 NLRB No. 25)  Troy, MI, January 23, 2014.

The Board granted the General Counsel’s Motion for Default Judgment pursuant to the noncompliance provisions of a settlement agreement.  The Board found that the Respondent failed to comply with the terms of the settlement agreement by refusing to fully remit backpay owed to its unit employee.  The Board ordered the Respondent to reinstate the unit employee and to make the unit employee whole for any loss of earnings and other benefits suffered as a result of the Respondent’s unlawful conduct, and to expunge from its records the unlawful discharge and drug test of the unit employee.  In addition, the Board ordered the Respondent to reimburse the unit employee in an amount equal to the differences in taxes owed upon receipt of a lump-sum backpay payment and taxes that would have been owed had there been no discrimination against him, and to submit the appropriate documentation to the Social Security Administration so that when backpay is paid, it will be allocated to the appropriate periods.  Charge filed by Local 324, International Union of Operating Engineers (IUOE), AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participated.