Peyton Packing Co., Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1943

50 N.L.R.B. 355 (N.L.R.B. 1943)

I/
In the Matter of PEYTON PACKING COMPANY, INC. and AMALGAMATED
MEAT CUTTERS AND BUTCHER WORKMEN OF N. A., A. F. OF L., LOCAL
#606
Case No. C-2466.-Decided June 10, 1943
SUPPLEMENTAL DECISION
AND
ORDER'
On May 18, 1943, the National Labor Relations Board issued a -a
Decision and Order in the above-entitled proceeding.' On May 29,
1943, Peyton Packing Company, Inc., filed a Petition for Reconsid-
eration of Board's Decision, which the Board has considered. The
motion for reconsideration, insofar as it is inconsistent with the Order
hereinafter set forth, is hereby denied.
IT Is HEREBY ORDERED that the Decision be, and the same hereby is,
amended by striking the second paragraph in Section V and substi-
tuting therefor the following :
We have found that the respondent discriminated in regard to
the hire and tenure of employment of Gregorio Alarcon, George
Arciniaga, Manuel Barreda, Nazario Diaz, Eugenio Lopez, L. J.
Mena, Eduardo Ochoterena, Manuel Quintana, and Manuel Ren-
teria. In order to effectuate the purposes and policies of the
Act, we shall order that the respondent offer to all the foregoing
'persons, except L. J. Mena and Eduardo Ochoterena, immediate
and full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority and other rights
and privileges, and make them whole for any loss of pay they
may have suffered by reason of the discrimination by payment
to each of them, excepting L. J. Mena and Eduardo Ochoterena,
of a sum of money equal to the amount he normally would have
earned as wages during the period from the date of the discrim-
ination against him to the date of the offer of reinstatement, less
. 11
3 48 N. L. A B. 828.
50 N. L. R. B., No. 51.
355,
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD"
his net earnings 2 during such period. , In accordance with our
usual practice, the period from the date of the Intermediate Re-
port to, the date of the Order herein will be excluded in computing
the amount of whatever back pay each of the employees discrim-
inated against is entitled to have, since the Trial Examiner did
not recommend their reinstatement with back pay.3 L. J. Mena
and Eduardo Ochoterena disclaimed any desire to be reinstated.
We shall consequently not direct that they be restored to their
employment, but we shall order the respondent to-make L. T
Mena and Eduardo Ochoterena whole for any loss of pay they
may have suffered by reason of the discrimination by payment
to each of them of a sum of money equal to the amount he nor-
mally would have earned as wages during the period from the
date of the discrimination against him to the date upon which
he secured the position he held at the time of the hearing, less
his net earnings during such period.
IT IS HEREBY FURTHER ORDERED that the Order be, and the same hereby
is, amended by striking therefrom Paragraphs 2 (a), (b), (c), and
(d), and substituting therefor the following:
2. Take the following affirmative action, which the, Board finds
will effectuate the policies of the Act :
(a) Offer to Gregorio Alarcon, George Arciniaga, Manuel
Barreda, Nazario Diaz, Eugenio Lopez, Manuel Quintana, and
Manuel Renteria immediate and full reinstatement to their, former
or substantially equivalent positions, without prejudice to their
seniority and other rights and privileges;
(b) Make whole each of the employees named in the preceding
paragraph for any loss of pay he may have suffered by reason of
the respondent's discrimination against him, by payment to him of
a sum of money equal to the amount which he normally would
have earned as wages during the period from the date of the
respondent's discrimination against him to the date of the Inter-
mediate Report herein and during the period from the date of
this Order,to the date of the respondent's offer of reinstatement,
less his net earnings during such periods;
(c),Make whole L. J. Mena and Eduardo Ochoterena for any
loss of pay they may have suffered by reason of the respondent's
2 By "net earnings" is meant earnings less expenses , such as for transportation, room,
and board incurred by an employee in connection with obtaining work and working else-
where than for the respondent , which would not have been incurred but for his unlawful
discharge and the consequent necessity of his seeking employment elsewhere See Matter
of Crossett Lumber Company and United Brotherhood of Carpenters and Joiners of Amer-
ica, Lumber and Sawmill Workers Union, Local 2590, S N . L R B 440 . Monies received
for work performed upon Federal, State , county , municipal , or other work-relief projects
shall be considered as earnings See Republic Steel Corporation v. N L. R B ., 311 U. S. 7
3 Cf Matter of E R Haffelfinper Company, Inc and United 1Va7l Pape ,* Crafts of North
America . Local No 6, 1 N L. R B 760,
PEYTON PACKING COMPANY, INC. ,;357
discrimination against them, by payment to each of them of a sum
of money equal to the amount which he normally would have
earned as wages during the period from the date of the respond-
ent's discrimination against him to the date upon which he secured
the position he held at the time of the hearing, less his net earn-
ings during such period; ,
(d) Post immediately in conspicuous places at its El Paso,
Texas, plant, and maintain for a period of at least sixty (60)
consecutive days from the date of posting, notices in English and
'in Spanish to its employees stating: (1) that the respondent will
not engage in the conduct from which it is ordered to cease and
desist in paragraphs 1 (a) and (b) of this Order; (2)' that the
respondent will take the affirmative action set forth in paragraphs
2 (a), (b), and (c) of this Order; and (3) that its employees are
free to remain or become members of Amalgamated Meat Cutters
and Butcher Workmen of North America, Local #606, affiliated
with the American Federation of Labor, and that the respondent
will not discriminate against any employee because of membership
or activity in that organization;
(e) Notify the Regional Director for the Sixteenth Region in
,writing within ten (10) days from, the date of this Order, what
steps the respondent has taken to comply, herewith.
AND IT IS FURTHER ORDERED that the Decision and Order, as printed,
shall appear as hereby amended.
Mr. JOHN -M. Hous,roN took no part in the consideration of the
above Supplemental Decision and Order.
536105-44-24