Townhouse T. V. & Appliances

566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Townhouse T. V. & Appliances and Chicago Truck Drivers, Helpers & Warehouse Workers (Indepen- dent) and Charles Freskos. Cases 13-CA-12633 and 13-CA-12864 June 9, 1976 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS JENKINS AND WALTHER On September 27, 1974, the National Labor Rela- tions Board issued a Decision and Order in the above-entitled proceeding' finding that Respondent had violated Section 8(a)(1), (3), and (5) of the Na- tional Labor Relations Act, as amended. As a reme- dy for the 8(a)(3) violations, the Board ordered that Respondent reestablish its delivery operation, rein- state its delivery employees, and make the discrimi- natees whole for the loss of earnings from the date of their discharge to the date of Respondent's offer of reinstatement. Thereafter, the Board filed an applica- tion for enforcement of its Order in the United States Court of Appeals for the Seventh Circuit. On March 5, 1976, the court issued an opinion directing en- forcement of the Board's Order except for those por- tions requiring Respondent to resume operations and reinstate the discharged employees as a remedy for the 8(a)(3) violations.2 The court remanded the case to the Board for the purpose of framing a new remedial order. The court indicated that it would en- force an order remedying the 8(a)(3) violations along the lines of that recommended by the Administrative Law Judge. 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 au- thority in this proceeding to a three-member panel. The Board has considered the court's opinion, the Board's Decision and Order, and the entire record in the case, and has decided to accept the remand. ORDER It is hereby ordered that the Board's Order in 213 NLRB 716, be, and it hereby is, amended by deleting paragraph 2(a) thereof and substituting therefor the following: "(a) Make whole Charles Freskos, Mike Freskos, Samuel Oliva, George Ostrick, and Frank Taormino for the loss of wages they would have received from '213 NLRB 716 (1974) 2 N L R B v Townhouse T V & Appliances, Inc, 531 F 2d 826 (C.A 7, 1976) the date of discharge until the date the Union and Respondent have bargained either to an impasse or reached agreement, with backpay computed as pre- scribed in F. W. Woolworth Company, 90 NLRB 289 (1950), and interest thereon at 6 percent per annum, computed in the manner set forth in Isis Plumbing and Heating Co., 138 NLRB 716 (1962)." IT IS FURTHER ORDERED that the attached Appendix be, and it hereby is, substituted for that attached to the Board's Decision in 213 NLRB 716. APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT interrogate our employees con- cerning their union membership and activities. WE WILL NOT discourage membership in Chi- cago Truck Drivers, Helpers & Warehouse Workers (Independent), or any other labor orga- nization, by discharging our employees, or in any other manner discriminating against them in regard to their hire or tenure of employment, or any term or condition of employment. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their rights under Section 7 of the Act. WE WILL bargain, upon request, with the above-named Union as your exclusive represen- tative in the appropriate unit with respect to wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody it in a signed agreement. The appropriate unit is: All truck drivers and helpers employed at our facility located at 7243 West Touhy Ave- nue, Chicago, Illinois, who are performing the work of delivering and installing appliances, excluding office clerical employees, salesmen, service repairmen, professional employees, guards and supervisors as defined in the Act. WE WILL make whole Charles Freskos, Mike Freskos, Samuel Oliva, George Ostrick, and Frank Taormino for any loss of wages they may have suffered as a result of our discrimination against them with interest at 6 percent. All our employees are free to become, remain, or to refrain from becoming or remaining members in good standing of any labor organization. TOWNHOUSE T. V. & APPLIANCES 224 NLRB No. 99