Tennessee Packers, Inc.

TENNESSEE PACKERS, INC. 191 Tennessee Packers, Inc., Frosty Morn Division and Amalgamated Meat Cutters and Butcher Workmen of North America , AFL-CIO, Local 405. Cases 26-CA-1388 and 26-CA-1545 June 24, 1968 SECOND SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS BROWN AND ZAGORIA On June 3, 1966, the National Labor Relations Board issued its Supplemental Decision and Order in Case 26-CA-1388,' and on September 30, 1966, its Supplemental Decision and Order in Case 26-CA-1545,2 both involving the same parties. In each case the Board adopted' the Trial Examiner's Supplemental Decision and Recommended Order respecting the amounts of backpay due the named discriminatees for losses resulting from the Respon- dent's discrimination against them. Thereafter the Board instituted proceedings to enforce its backpay orders in the United States Court of Appeals for the Sixth Circuit. Meanwhile the Respondent took steps to settle the cases. On July 13, 1967, the Regional Director for Region 26 sent a letter to the Respondent agreeing to a proposed settlement. After being telephonically advised by the Union that the com- promise was unacceptable to it, however, the Re- gion withdrew approval and enforcement proceedings were resumed. On March 6, 1968, the court issued its per curiam opinion denying enforcement and remanding the cases to the Board, with the statement that "We suggest, therefore, the Board's consideration of car- rying through with the settlement made, as a means of protecting the government's reputation for fair dealing with its citizens." Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. Upon reconsideration of the proceedings in these two cases, and in the light of the court's opinion, we have decided to approve the settlement terms consistent with the aforementioned letter of July 13, 1967. ORDER It is hereby ordered that the Respondent, Ten- nessee Packers, Inc., Frosty Morn Division, its of- ficers, agents, successors, and assigns, shall make whole Ophelia Hutchinson, Claudine Warren, Myr- tle Lane, Ann Black, and Shirley Holt by payment to each of them the amounts set opposite their names, less deductions for social security and tax withholdings required by Federal and state laws: Ophelia Hutchinson $1,025 Claudine Warren 925 Myrtle Lane 392 Ann Black 2,270 Shirley Holt 364 1 158 NLRB 1316 2 160 NLRB 1496 4 With one minor modification in Case 2e-CA-1388. 172 NLRB No. 26