Domsey Trading Corp.

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 355 NLRB No. 89 520 Domsey Trading Corporation, Domsey Fiber Corpo- ration and Domsey International Sales Corpora- tion, a Single Employer and International La- dies’ Garment Workers’ Union, AFL–CIO and Local 99, International Ladies’ Garment Work- ers’ Union, AFL–CIO. Cases 29–CA–14548, 29– CA–14619, 29–CA–14681, 29–CA–14735, 29– CA–14845, 29–CA–14853, 29–CA–14896, 29– CA–14983, 29–CA–15012, 29–CA–15119, 29– CA–15124, 29–CA–15137, 29–CA–15147, 29– CA–15323, 29–CA–15324, 29–CA–15325, 29– CA–15332, 29–CA–15393, 29–CA–15413, 29– CA–15447, and 29–CA–15685 August 16, 2010 SECOND SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER AND BECKER On September 25, 2008, the two sitting members of the Board issued a Second Supplemental Decision and Order in this proceeding, which is reported at 353 NLRB 86.1 Thereafter, the General Counsel filed an application for enforcement in the United States Court of Appeals for the Second Circuit, and the Respondent filed a cross- petition for review. On June 17, 2010, the United States Supreme Court issued its decision in New Process Steel, L.P. v. NLRB, 130 S.Ct. 2635, holding that under Section 3(b) of the Act, in order to exercise the delegated author- ity of the Board, a delegee group of at least three mem- bers must be maintained. On June 30, 2010, the court of appeals denied the General Counsel’s application for 1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the powers of the National Labor Relations Board in anticipation of the expiration of the terms of Members Kirsanow and Walsh on December 31, 2007. Thereafter, pursuant to this delegation, the two sitting members issued decisions and orders in unfair labor practice and representation cases. enforcement and dismissed the Respondent’s cross- petition for review as premature. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.2 The Board has considered Region 29’s various mo- tions for summary acceptance of its recalculations of backpay. Because there is no dispute regarding the re- calculated backpay awards set out in the Third Amended Appendix F, we shall order the Respondent to pay those amounts, plus interest, to the 164 discriminatees listed in the decision reported at 353 NLRB 86, which is incorpo- rated herein by reference. The Board has also considered the judge’s second sup- plemental decision and the record in light of the excep- tions and briefs and has decided to affirm the judge’s rulings, findings, and conclusions to the extent and for the reasons stated in the decision reported at 353 NLRB 86. ORDER The National Labor Relations Board orders that the Respondent, Domsey Trading Corporation, Domsey Fi- ber Corporation, and Domsey International Sales Corpo- ration, a single employer, Brooklyn, New York, its offi- cers, agents, successors, and assigns, shall satisfy its ob- ligation to make whole the discriminatees at issue by paying them backpay as set out in the Order contained in the Board’s decision reported at 353 NLRB 86. IT IS FURTHER ORDERED that the Respondent place in escrow with the Regional Director for Region 29 of the National Labor Relations Board for a period of 1 year the amounts listed, for the designated discriminatees, in the Board’s decision reported at 353 NLRB 86. 2 Consistent with the Board's general practice in cases remanded from the courts of appeals, and for reasons of administrative economy, the panel includes the members who participated in the original deci- sion. Furthermore, under the Board’s standard procedures applicable to all cases assigned to a panel, the Board Members not assigned to the panel had the opportunity to participate in the adjudication of this case at any time up to the issuance of this decision.