St. Clair Lime Co.

National Labor Relations Board - Board Decisions

Mar 14, 1962

136 N.L.R.B. 262 (N.L.R.B. 1962)

262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. Respondent has not violated Section 8 ( a) (1) or ( 3) of the Act by discharging
M. D. Townley or William C. Cragg.
6. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
St. Clair Lime Company and United Cement , Lime & Gypsum
Workers Local Union No. 396 , AFL-CIO, and United Cement,
Lime & Gypsum Workers International Union , AFL-CIO.
Case No. 16-CA-140. March 14, 19692
SUPPLEMENTAL DECISION
On October 25, 1961, the Board issued its Decision and Order (133
NLRB 1287), in part requiring the Respondent to reinstate all unfair
labor practice strikers upon application.
Thereafter the Respondent filed a "Motion To Vacate Decision
and Order," in part on the ground that the reinstatement order de-
prived the Respondent of its right to establish picket line misconduct
as a defense to the reinstatement of specific strikers. The Union filed
a memorandum in opposition.
Our Order in this case is not to be construed as requiring reinstate-
ment of those not entitled to it. The Respondent is, required to rein-
state only such strikers as are lawfully entitled to reinstatement if
and when they apply for reinstatement.' In view of the facts in this
case we deem it advisable to defer to the compliance stage of the pro-
ceedings herein the opportunity, which the Respondent is entitled to,
for the substantiation of its claims regarding the picket line miscon-
duct of strikers who may apply for reinstatement. If the issue is not
settled between the Respondent and the Regional Director, it may
be referred to, the Board for determination, by hearing if necessary.
In sum, however, we find the Respondent's motion raises nothing
not previously considered, and furnishes no ground to vacate our
above-mentioned Decision and Order.
Accordingly, we deny the motion.
MEMBERS FANNING and BROWN took no part in the consideration of
the above Supplemental Decision.
136 NLRB No. 27.
Thomas W. Moylan Company , Inc. and Sheet Metal Workers
International Association , Local Union No. 102 , AFL-CIO.
Case No. 5-CA-1915. March 14, 1962
DECISION AND ORDER
On December 13, 1961, Trial Examiner George A. Downing issued
his Intermediate Report in the above-entitled proceeding, finding that
136 NLRB No. 22.