Genova Express Lines, Inc.

GENOVA EXPRESS LINES, INC. Genova Express Lines, Inc., and Genova Transport, Inc. and Teamsters Local 500, International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America. Cases 4- CA-9257, 4-CA-9409, 4-CA-9413, 4-CA- 9667, and 4-RC-13165 November 28, 1980 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND ZIMMERMAN On September 24, 1979, the National Labor Re- lations Board issued its Decision, Order, and Certi- fication of Representative' in the above-entitled proceeding, finding that Respondents, had engaged in unfair labor practices in violation of Section 8(a)(1) and (3) of the National Labor Relations Act, as amended. Respondent Genova Express was ordered to cease and desist from interrogating, threatening, and discharging employees who en- gaged in union activities, and to make whole cer- tain discriminatees. Respondent Genova Transport was ordered to cease and desist from threatening and discharging employees who engaged in union activities, and to offer reinstatement to and make whole all unfair labor practice strikers upon their unconditional application to return to work. The Board applied to the United States Court of Appeals for the Third Circuit for enforcement of its Order on May 22, 1980. On September 8, 1980, the Board moved sua sponte that the proceeding be ' 245 NLRB No. 28 remanded for the purpose of conforming the Order to the violation found with regard to Respondent Genova Transport. The court granted the motion on October 6, 1980. In its Decision the Board found that Genova Transport had violated Section 8(a)(3) and (1) of the Act by discharging three employees. However, the Board inadvertently omitted from its Order the provision requiring Respondent to offer reinstate- ment to these employees contemplated by the remedy section and reflected in the notice. We shall modify the Order to correct this oversight. ORDER Pursuant to Section 10(c) of the Natinal Labor Relations Act, as amended, the National Labor Re- lations Board hereby affirms its original Decision, Order, and Certification of Representative (report- ed at 245 NLRB No. 28), as modified below: Substitute the following paragraph 2(a) as re- gards Genova Transport, Inc.: "(a) Offer Robert Feller, James Gatling, and Arthur Keller immediate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without preju- dice to their seniority or any other rights or privi- leges previously enjoyed, and make them whole for any loss of pay or any benefits they may have suf- fered by reason of this Respondent's discrimination against them, with interest thereon, to be computed in the manner prescribed in F. W. Woolworth Com- pany, 90 NLRB 289 (1950), and Florida Steel Corpo- ration, 231 NLRB 651 (1977) (see, generally, Isis Plumbing & Heating Co., 138 NLRB 716 (1962))." 253 NLRB No. 65 523