Sutherland v. Spray Systems Environ., 95-CAA-1 (ALJ May 19, 1995)

USDOL/OALJ Reporter
Sutherland v. Spray Systems Environ., 95-CAA-1 (ALJ May 19, 1995)
DATE ISSUED: May 19, 1995

CASE NO:  95-CAA-1

In the Matter of:

CLIFFORD SUTHERLAND,                          
SCOTT TENBRINK,
FRED E. FRANKLIN,                            
AND AARON HAHN,
     Complainants

     v.   

SPRAY SYSTEMS ENVIRONMENTAL
AND WILLIAM RAE SMITH
     Respondents

             SUPPLEMENTAL DECISION AND ORDER

     In the Recommended Decision and Order dated March 30, 1995,
Complainants were ordered to submit to the Court an itemization
of their earnings from the date of their discharge on July 27,
1994 until an offer of reinstatement was made.  On April 13,
1995, the court received affidavits from the four Complainants
reflecting their interim earnings since the date of discharge. 
In a Supplemental Order dated April 21, 1995, the undersigned
ordered the Complainants to submit a more precise itemization of
their gross earnings, specifically detailing the dates of
employments of all interim jobs held from July 27, 1994  until
October 27, 1994, at which time an unconditional offer of
reinstatement was made by employer.  On May 12, 1995, the court
received the requested itemization of Complainants' earnings.

     Accordingly, the undersigned orders employer, Spray Systems
Environmental, Inc. to pay:

     1.   Complainant Clifford Sutherland a total of $5,212.54 in
back pay (reflecting 13 weeks of back pay from July 27, 1994
until October 27, 1994 at $495.00 per week minus gross interim
earnings of ,222.46);

     2.   Complainant Scott Tenbrink a total of $7,354.88 in bakc
pay   (reflecting 13 weeks of back pay from July 27, 1994 until
October 27, 1994 at $600.00 per week minus gross interim earnings
of $445.12);

     3.   Complainant Aaron Hahn a total of $2,866.28 in back pay
(reflecting 13 weeks of back pay from July 27, 1994 until October
27, 1994 at $400.00 per week minus gross interim earnings of
$2,333.72);

     4.   Complainant Fred Franklin a total of $3,833.00 in back
pay (reflecting 13 weeks of back pay from July 27, 1994 until
October 27, 1994 at $375.00 per week minus gross interim earnings
of ,042.00);

     5.   Interest on the back pay awards as set forth in the
Decision and Order of march 30, 1995.

     SO ORDERED

                                   DANIEL L. LELAND
                                   Administrative Law Judge


DLL/bjh
UNITED STATES
DEPARTMENT OF LABOR

Office of Administrative Law Judges
