The L. B. Hosiery Co., Inc.

THE L. B. HOSIERY CO., INCORPORATED Back-pay period 1033 Appendix J Varney, Robert Hourly rate of Pay before Discharge, $0.90 Job classification in which eligible for back pay Adjusted hours for back pay (1) March 27, 1946 through June 22, 1946. (2) June 23, 1946 through June 29, 1946. (3) June 30, 1946 through October 26, 1946. (4) October 27, 1946 through No- vember 9, 1946. (5) November 10, 1946 through February 8, 1947. (6) February 9, 1947 through Feb- ruary 15, 1947. (7) February 16, 1947 through Feb- ruary 22, 1947. (8) February 23, 1947 through July 23, 1947. Mechanic : Back pay for this period is computed at the rate of $54 .555 per week for 12j weeks. Driver -------------------------------- Mechanic ----------------------------- Driver-------------------------------- Mechamc----------------------------- Driver-------------------------------- Mechanic----------------------------- Driver-------------------------------- -------------- 9974 599% -------------- 364 Gross back pay $681.94 47 73 897.98 91.12 539.78 32.73 33.08 1,021 91 Total gross back pay---------------------------------------------------------------------------- $ 3,346 27 Less: Interim earnings -------------------------------------------------------------------------- 2,348.22 Net back pay---------------------------------------------------------------------------- 998 05 Less: Amount already paid by Respondent----------------------------------------------------- 135.63 Net amount remaining to be paid--------------------------------------------------------- 862.42 THE L. B. HOSIERY CO., INCORPORATED AND LEE MAISEL, DOING BUSI- NESS AS MYERSTOWN HOSIERY MILLS and AMERICAN FEDERATION OF HOSIERY WORKERS. Case No. 4-CA-59. February 5, 1953 Second Supplemental Decision and Order On March 10, 1950, the National Labor Relations Board issued a Decision and Order in the above-entitled proceeding, which Order was thereafter enforced by the United States Court of Appeals for the Third Circuit by a decree entered on April 18, 1951. The decree provided, inter alia, that the Respondents make whole certain of their employees for losses of pay suffered by reason of the Respond- ents' discrimination against them. On October 3, 1951, the Board issued an Order remanding the proceeding to the Regional Director for the Fourth Region and ordering that a further hearing be held for the purpose of adducing evidence with respect to the amounts of back pay to which the discriminatees might be entitled. On February 8, 1952, Trial Examiner Louis Plost issued his Sup- plemental Intermediate Report and Recommendations finding that certain of the discriminatees were entitled to specified amounts of back pay and that no back pay was due to certain other discrim- inatees. In this report, the Trial Examiner found that Paul Garnet, who had purchased a business on August 1, 1949, had intended to re- 102 NLRB No. 106. 1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD main in business if the enterprise proved profitable. As a profit was made during every week of Garnet's operation of this business, the Trial Examiner concluded that Garnet was not entitled to back pay for the period of his self-employment until March 30, 1950, the date on which the Respondents offered to reinstate him. On July 11, 1952, the Board issued its Supplemental Decision and Order in this matter, wherein the Board held with respect to Garnet that as he did not at any time unequivocally indicate a desire not to return to the Respondents' employ, and as he actually accepted reinstatement when offered, he was entitled to back pay during the period of self- employment to the date of reinstatement. However, as the Trial Examiner had excluded evidence from the record on the amount of back pay involved, the Board, on July 25, 1952, issued an order re- opening the record in this matter. A hearing on remand was held before Louis Plost, the duly desig- nated Trial Examiner, on September 23, 1952, at Lebanon, Penn- sylvania. On November 18, 1952, the Trial Examiner issued his Supplemental Report on Remand, in which he computed Garnet's net earnings during the period of his self-employment from August 1, 1949, to March 30, 1950, as amounting to $1,216.89. The Board 1 has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Sup- plemental Report on Remand and the entire record in this case, and in the absence of exceptions to the report 2 hereby adopts the find- ings, conclusions, and recommendations of the Trial Examiner. Computation' Month Gross income Operating expenses Drprecia- tion on truck Total expense New income August 1949 ----------------------- ------------ $233 49 $31 67 $265 16 Loss - $265 16 September------------------------ $519 93 83 47 31.67 115 14 Profit_--- 404 79 October--------------------------- 437 31 167 38 31 67 199 05 Profit -__- 238.36 November------------------------- 458 37 126 75 31 67 158 42 Profit_--- 299 95 December _________________________ 428 85 110 . 18 31.67 141 . 85 Profit -__- 287.00 January 1950______________________ 425 90 246 00 31 67 277 67 Profit -__- 148 23 February 1950 --------------------- 393.91 183 66 31 67 215. 33 Profit _--- 178 58 March 1950------------------------ 341 55 384 64 31 67 416 31 Loss ---- 74 76 3,005 82 1,535 57 253 36 1 , 788 93 Profit .-_- 1,216.89 2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its powers in connection with this case to a three-member panel [Members Houston , Styles, and Peterson]. 2 Although upon the Respondents' request dated December 1, 1952, an extension of time was granted until December 30, 1952, for the filing of briefs and exceptions , the Respond- ents' exceptions were not timely filed and have therefore not been considered by the Board. No exceptions have been filed by the General Counsel. 8 We have corrected certain arithmetical errors in the computation contained in the Supplemental Report on Remand. The total amount of back pay which we find to be due Garnet is the same, however , as the amount found due in the report. WRIGHT & McGILL COMPANY 1035 Order Upon the basis of this Supplemental Decision and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Rela- tions Act, as amended, the National Labor Relations Board hereby orders that the Respondent, The L. B. Hosiery Co., Incorporated, and Lee Maisel, doing business as Myerstown Hosiery Mills, Myerstown, Pennsylvania, their officers, agents, successors, and assigns, shall pay to the employee listed below, who was found to have been discriminated against by the Respondents by a Board Decision and Order issued on March 10, 1950, as enforced by a decree of the Court of Appeals for the Third Circuit entered on April 18, 1951, the following amount of net back pay : Paul Garnet Net back pay from March 28, 1949, to August 1, 1949 ------ $1, 221.74 Net back pay from August 1, 1949, to March 30, 1950 ------ 2, 349.76 Total net back pay - __ $3,571.50 WRIGHT & MGGILL COMPANY AND A. D. MCGILL AND S. M. WRIGHT, CO-PARTNERS, D/B/A SHARP POINT FISH HOOK COMPANY and INTER- NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE- MEN AND HELPERS OF AMERICA, DELIVERY DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION No. 435, AFL. Case No. 30-CA-201. February 5, 1953 Decision and Order On June 11, 1952, Trial Examiner Howard Myers issued his Inter- mediate Report in the above-entitled proceeding, finding that the Re- spondents had engaged in and were engaging in certain unfair labor practices in violation of the Act, and recommending that they cease and desist therefrom, and take certain affirmative action as set forth in the copy of the Intermediate Report attached hereto.' Thereafter, the Respondents filed exceptions to the Intermediate Report and a supporting brief. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this proceeding to a three-member panel [Chairman Herzog and Mem- bers Murdock and Peterson]. 1 Because no exceptions have been filed to the Trial Examiner's recommendations that the 8 (a) (3) allegations as to Bingham and Benedict be dismissed , we adopt such recom- mendations without further comment. 102 NLRB No. 103.