In addition, the Respondents shall make the unit employees
whole by making all fringe benefit payments that
have not been made since October 21, 2009, and that
would have been made but for the Respondents’ unlawful
failure to make them, including any additional
amounts applicable to such delinquent payments as set
forth in Merryweather Optical Co., 240 NLRB 1213,
1216 (1979).4 The Respondents shall also reimburse unit
employees for any expenses ensuing from their failure to
make the required payments to the fringe benefit funds,
as set forth in Kraft Plumbing & Heating, 252 NLRB
891, 891 fn. 2 (1980), enfd. mem. 661 F.2d 940 (9th Cir.
1981), such amounts to be computed in the manner set
forth in Ogle Protection Service, supra, with interest as
prescribed in New Horizons for the Retarded, supra,
compounded daily as prescribed in Kentucky River Medical
RO Walsh and/or UBC rank & file members can file NLRB charges against Employers who fail to make contributions to the Benefit Funds, as was done here in this alter-ego (double breasted) IBEW case from March 31, 2011 by the NLRB Board.
So, who holds the Master list of which NYCDCC Signatory UBCJA GC's & Sub's are delinquent in this regard? How much does each firm owe? Why not get the list & te dollar amounts and file the charges at the NLRB?
Force the DOL to do their job and to address this issue! RO Walsh should take the lead. Per Sup. Ct. precedent, irrespective of what action the Fund Attorneys are or are not taking - the NLRB charges can proceed concurrent to the Funds.