Midwest Hanger Co.

National Labor Relations Board - Board Decisions

Apr 27, 1977

229 N.L.R.B. 308 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Midwest Hanger Co. and Liberty Engineering Corp.
and United Steelworkers of America, AFL-CIO.
Case 17-CA-4331
April 27, 1977
SECOND SUPPLEMENTAL DECISION
AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
On October 8, 1971, the National Labor Relations
Board issued its Decision and Order directing that
Respondent make whole certain employees for their
losses resulting from Respondent's unfair labor
practices in violation of Section 8(a)(3) and (1) of the
National Labor Relations Act, as amended.' On
February 20, 1973, the United States Court of
Appeals for the Eighth Circuit issued its judgment
enforcing the Board's Order.2 Respondent's petition
for certiorari to the United States Supreme Court
was denied on October 9, 1973. 3
On June 7, 1974, the Regional Director for Region
17 issued a backpay specification and notice of
hearing to which Respondent filed an answer and an
amended answer. A hearing was held before Admin-
istrative Law Judge Julius Cohn on September 10
through 13, and November 11 through 15, 1974, for
the purpose of determining the amount of backpay
due the discriminatees. On May 20, 1975, the
Administrative Law Judge issued a Supplemental
Decision in which he found that the discriminatees
were entitled to backpay as set forth in his recom-
mended Order.
On December 1, 1975, 4 the Board issued a
Supplemental Decision and Order which adopted as
its backpay order the recommended Order of the
Administrative Law Judge. On March 3, 1977, the
United States Court of Appeals for the Eighth
Circuit issued its judgment enforcing the Board's
Order with the exception of employee Elaine Peu-
kert's backpay award which was remanded to the
Board for the purpose of excluding therefrom the
period November 6, 1972, to January 22, 1973. 5
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
I 193 NLRB 616.
2 474 F.2d 1155.
3 414 U.S. 823.
229 NLRB No. 48
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In response to the court's remand, we make the
following modifications in Peukert's backpay award:
As indicated in the Appendix of the Administrative
Law Judge's Supplemental Decision, he found, in
agreement with the General Counsel's backpay
specification, that Peukert was entitled to gross
backpay in the amount of $1,629 for 11 of the 13
weeks in the fourth quarter of 1972.6 However, as the
court directed the exclusion from that quarter of the
8 weeks from November 6 to December 31, 1972, we
find that Peukert's gross backpay amounted to $444
for 3 weeks in the fourth quarter of 1972. According-
ly, as her net interim earnings of $589 exceeded the
gross backpay, Peukert was not entitled to any net
backpay for the quarter.
The Administrative Law Judge also found, in
agreement with the General Counsel's backpay
specification, that Peukert's gross backpay was
$1,953 for the entire 13 weeks in the first quarter of
1973. However, as the court directed the exclusion
from that quarter of the 3 weeks from January I to
22, 1973, we find that Peukert was entitled to gross
backpay in the amount of $1,502 for 10 weeks in that
quarter. Accordingly, Peukert's net backpay for the
quarter represents the difference between the gross
backpay of $1,502 and the net interim earnings of
$1,166, namely, $336.
In view of the revised net backpay for the two
quarters in question, we conclude that Peukert's total
net backpay amounts to $12,557 rather than the
$14,048 stated in the Administrative Law Judge's
Appendix. We therefore so amend our backpay
order. We shall also attach hereto a revision of that
portion of the Appendix which pertains to Peukert.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board, in accordance with the remand of
the United States Court of Appeals for the Eighth
Circuit, revises its backpay order by reducing the net
backpay for Elaine Peukert from $14,048, to $12,557.
4 221 NLRB 911.
5 94 LRRM 2878, 81 LC 113.095.
1 The gross backpay for the entire quarter would have been $1,926.
308
MIDWEST HANGER CO.
REVISED APPENDIX
YEAR AND GROSS
OIIARTER BACKPAY
INTERIM EXPENSES NET INTERIM
EARNINGS EARNINGS
E. Peukert
TOTAL
NAME NET
BACKPAY
1970
1970
1971
1971
1971
1971
1972
1972
1972
1972
1973
1973
1973
1973
3
4
1
2
3
4
1
2
3
4
1
2
3
4
$1,352
1,354
1,440
1,665
1,819
2,085
2,069
1,713
1,953
444
1,502
1,953
1,979
667
$ NONE
NONE
NONE
26
624
618
686
1,033
1,392
603
1,187
1,505
1,458
676
$
24
33
56
21
14
21
21
21
14
$ NONE
NONE
NONE
26
624
594
653
977
1,371
589
1,166
1,484
1,437
662
$ 1,352
1,354
1,440
1,639
1,195
1,491
1,416
736
582
NONE
336
469
542
5
$12,557
-·-------- ------ -- ------
309