National Container Corp.

National Labor Relations Board - Board Decisions

Mar 30, 1945

61 N.L.R.B. 146 (N.L.R.B. 1945)

In the Matter of NATIONAL CONTAINER CORPORATION and UNITED
WHOLESALE & WAREHOUSE EMPLOYEES OF NEW YORK , LOCAL 65,
C. I. O. and INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE &
PAPER MILL WORKERS, U. S. CORRUGATED WORKERS UNION, LOCAL 444,
AFFILIATED WITH THE A . F. OF L ., PARTY TO THE CONTRACT
Case No. 2-C-3406
AMENDMENT TO ORDER
March 30, 1945
On July 22, 1944, the Board issued its Decision and Order in the
above=entitled proceeding.' In conformance with our policy since the
passage of the Selective Training and Service Act of 1940 (50 U. S.
Code, Section 308), the Board in paragraph (2) (e) of its aforesaid
Order directed the respondent to offer reinstatement to Gerald Davis
to his former or a substantially equivalent position in the respondent's
employ upon his application within forty (40) days after his dis-
charge from the armed forces of the United States. Since Section
S (b) of the Selective Service and Training Xct has been amended 2
so as to extend from forty (40) to ninety (90) days the period within
which a discharged member of the armed forces of the United States
may effectively apply for reinstatement to the position which he held
at the time of induction, we shall amend our Order herein, so as to
eliminate any conflict between the policy of the Selective Training
and Service Act and our Order. Accordingly, paragraph 2 (e) of
our Order herein is hereby amended to read as follows :
Upon application by Gerald Davis, within ninety (90) days after
his discharge from the armed forces of the United States, offer him
immediate and full reinstatement to his former or a substantially
equivalent position, without prejudice to his seniority or other rights
and privileges.
1 57 N L. R. B. 565.
' Chapter 548, Public Law 473.
61 N. L. R. B, No. 16.
146