Prigg Boat Works

National Labor Relations Board - Board Decisions

Oct 31, 1950

91 N.L.R.B. 1379 (N.L.R.B. 1950)

In the Matter of H. PAUL PRIGG, AN INDIVIDUAL ; DOING BUSINESS UN DER
THE NAME AND STYLE OF PRIGG BOAT WORKS and INDUSTRIAL UNION
OF MARINE AND SJ:I PBUILDING WORKERS OF AMERICA, C. I.' O.
Case No. 10-C-1660
SUPPLEMENTAL DECISION AND RECOMMENDATION
October 31, 1950
On June 27, 1946, the National Labor Relations Board, herein
called the Board, issued a. Decision and Order in the above-entitled
proceeding? On February 25, 1949, the United States Court of Ap-
peals for the Fifth Circuit enforced all provisions of said Order,
except those relating to reinstatement and back pay. As to those
provisions, the matter was remanded by the Court to the Board for
"further inquiry and report." 2 Pursuant to said remand, a. hearing
was duly held before Trial Examiner Eugene E. Dixon.
On February 21, 1950, the Trial Examiner issued a Supplemental
Intermediate Report finding that as-of the date of the Board's original
Order in the proceeding, the employment of all six of the named
claimants normally would have been terminated because of a con-
tinued reduction of operations and consequently reinstatement was
not required, but that four of the claimants were entitled to back pay.
Thereafter, exceptions and supporting briefs were filed by the Re-
spondent and the General Counsel. The Respondent's request for
oral argument is hereby denied, as the record and briefs, in our opin-
ion, adequately present the issues and the positions of the parties.
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs filed by the parties, and the
entire record in the case, and hereby adopts the findings, conclusions,
and recommendations of the Trial Examiner.
1 69 NLRB 97.
2N. L. R. B. v. Prigg Boat 11, orks, 172 F. 2d 948 (C. A. 5).
91 NLRB No. 208.
1379
917572-51-vol. 91-88
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
RECOMMENDATIONS
Upon the basis of this Supplemental Decision and the entire record
in the case, the National Labor Relations Board hereby respectfully
recommends to the United States Court of Appeals for the Fifth
Circuit:
(a) That paragraph 2 (a) of the original Order herein (relating
to reinstatement) be denied enforcement;
(b) That paragraph 2 (b) thereof be enforced only with respect
to Henry Berry, D. H. Wood, H. P. Belknap,3 and P. G. Watton;
.(c) That gross back pay be awarded to : H. P. Belknap, from 2: 30
p. in., February 5 to May 4, 1945; P. G. Watton, from the close of
;business on February 7 to August 17, 1945; D. H. Wood, from the
close of business on February 7, 1945, to the date he left the employ-
ment of Merrill Dynamite Company of Miami ; and Henry Berry,
from March 24 to August 17, 1945; and that such gross back pay be
computed in accordance with the formula set up in the Supplemental
,Intermediate Report; 4
(d) That the interim earnings of each claimant as found by the
'Trial Examiner, less any expenses found by the Trial Examiner, shall
.constitute their interim earnings;
(e) That the net back pay awarded each claimant shall be com-
puted by deducting the interim earnings from gross back pay.
MEMBERS REYNOLDS and STYLES took no part in the consideration of
the above Supplemental Decision and Recommendation.
8 Inadvertently referred to as J. P. Belknap in the original Order.
4 In the absence of exceptions to the Trial Examiner 's use of the absentee factor in his
formula for computing back pay and his finding that D. H . Wood ' s back pay terminated
as of the time he quit his employment with the 'Merrill Company , we adopt his action in
That respect without comment.