The L. B. Hosiery Co., Inc.

National Labor Relations Board - Board Decisions

Feb 5, 1953

102 N.L.R.B. 1033 (N.L.R.B. 1953)

THE L. B. HOSIERY CO., INCORPORATED
Back-pay period
1033
Appendix J
Varney, Robert
Hourly rate of Pay before Discharge, $0.90
Job classification in which eligible for
back pay
Adjusted
hours for
back pay
(1) March 27, 1946 through June 22,
1946.
(2) June 23, 1946 through June 29,
1946.
(3) June 30, 1946 through October
26, 1946.
(4) October 27, 1946 through No-
vember 9, 1946.
(5) November 10, 1946 through
February 8, 1947.
(6) February 9, 1947 through Feb-
ruary 15, 1947.
(7) February 16, 1947 through Feb-
ruary 22, 1947.
(8) February 23, 1947 through July
23, 1947.
Mechanic : Back pay for this period is
computed at the rate of $54 . 555 per
week for 12j weeks.
Driver --------------------------------
Mechanic -----------------------------
Driver--------------------------------
Mechamc-----------------------------
Driver--------------------------------
Mechanic-----------------------------
Driver--------------------------------
--------------
9974
599%
--------------
364
Gross back
pay
$681.94
47 73
897.98
91.12
539.78
32.73
33.08
1,021 91
Total gross back pay---------------------------------------------------------------------------- $ 3,346 27
Less: Interim earnings -------------------------------------------------------------------------- 2,348.22
Net back pay---------------------------------------------------------------------------- 998 05Less: Amount already paid by Respondent----------------------------------------------------- 135.63
Net amount remaining to be paid--------------------------------------------------------- 862.42
THE L. B. HOSIERY CO., INCORPORATED AND LEE MAISEL, DOING BUSI-
NESS AS MYERSTOWN HOSIERY MILLS and AMERICAN FEDERATION OF
HOSIERY WORKERS . Case No. 4-CA-59. February 5, 1953
Second Supplemental Decision and Order
On March 10, 1950, the National Labor Relations Board issued a
Decision and Order in the above-entitled proceeding, which Order
was thereafter enforced by the United States Court of Appeals for
the Third Circuit by a decree entered on April 18, 1951. The decree
provided, inter alia, that the Respondents make whole certain of
their employees for losses of pay suffered by reason of the Respond-
ents' discrimination against them. On October 3, 1951, the Board
issued an Order remanding the proceeding to the Regional Director
for the Fourth Region and ordering that a further hearing be held
for the purpose of adducing evidence with respect to the amounts of
back pay to which the discriminatees might be entitled.
On February 8, 1952, Trial Examiner Louis Plost issued his Sup-
plemental Intermediate Report and Recommendations finding that
certain of the discriminatees were entitled to specified amounts of
back pay and that no back pay was due to certain other discrim-
inatees. In this report, the Trial Examiner found that Paul Garnet,
who had purchased a business on August 1, 1949, had intended to re-
102 NLRB No. 106.
1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
main in business if the enterprise proved profitable. As a profit
was made during every week of Garnet's operation of this business,
the Trial Examiner concluded that Garnet was not entitled to back
pay for the period of his self-employment until March 30, 1950, the
date on which the Respondents offered to reinstate him. On July 11,
1952, the Board issued its Supplemental Decision and Order in this
matter, wherein the Board held with respect to Garnet that as he did
not at any time unequivocally indicate a desire not to return to the
Respondents' employ, and as he actually accepted reinstatement
when offered, he was entitled to back pay during the period of self-
employment to the date of reinstatement. However, as the Trial
Examiner had excluded evidence from the record on the amount of
back pay involved, the Board, on July 25, 1952, issued an order re-
opening the record in this matter.
A hearing on remand was held before Louis Plost, the duly desig-
nated Trial Examiner, on September 23, 1952, at Lebanon, Penn-
sylvania. On November 18, 1952, the Trial Examiner issued his
Supplemental Report on Remand, in which he computed Garnet's
net earnings during the period of his self-employment from August
1, 1949, to March 30, 1950, as amounting to $1,216.89.
The Board 1 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 Sup-
plemental Report on Remand and the entire record in this case, and
in the absence of exceptions to the report 2 hereby adopts the find-
ings, conclusions, and recommendations of the Trial Examiner.
Computation'
Month Grossincome
Operating
expenses
Drprecia-
tion on
truck
Total
expense New income
August 1949 ----------------------- ------------ $233 49 $31 67 $265 16 Loss - $265 16
September------------------------ $519 93 83 47 31.67 115 14 Profit_--- 404 79
October--------------------------- 437 31 167 38 31 67 199 05 Profit -__- 238.36
November------------------------- 458 37 126 75 31 67 158 42 Profit_--- 299 95
December _________________________ 428 85 110 . 18 31.67 141 . 85 Profit -__- 287.00
January 1950______________________ 425 90 246 00 31 67 277 67 Profit -__- 148 23
February 1950 --------------------- 393.91 183 66 31 67 215 . 33 Profit _--- 178 58
March 1950------------------------ 341 55 384 64 31 67 416 31 Loss ---- 74 76
3,005 82 1,535 57 253 36 1 , 788 93 Profit .-_- 1,216.89
2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three-member panel [ Members Houston , Styles,
and Peterson].
2 Although upon the Respondents ' request dated December 1, 1952, an extension of time
was granted until December 30, 1952, for the filing of briefs and exceptions , the Respond-
ents' exceptions were not timely filed and have therefore not been considered by the Board.
No exceptions have been filed by the General Counsel.
8 We have corrected certain arithmetical errors in the computation contained in the
Supplemental Report on Remand. The total amount of back pay which we find to be due
Garnet is the same, however , as the amount found due in the report.
WRIGHT & McGILL COMPANY 1035
Order
Upon the basis of this Supplemental Decision and the entire record
in the case, and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, as amended, the National Labor Relations Board hereby
orders that the Respondent, The L. B. Hosiery Co., Incorporated, and
Lee Maisel, doing business as Myerstown Hosiery Mills, Myerstown,
Pennsylvania, their officers, agents, successors, and assigns, shall pay
to the employee listed below, who was found to have been discriminated
against by the Respondents by a Board Decision and Order issued on
March 10, 1950, as enforced by a decree of the Court of Appeals for the
Third Circuit entered on April 18, 1951, the following amount of net
back pay :
Paul Garnet
Net back pay from March 28, 1949, to August 1, 1949 ------ $1, 221.74
Net back pay from August 1, 1949, to March 30, 1950 ------ 2, 349.76
Total net back pay - __ $3,571.50
WRIGHT & MGGILL COMPANY AND A. D. MCGILL AND S. M. WRIGHT,
CO-PARTNERS, D/B/A SHARP POINT FISH HOOK COMPANY and INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS OF AMERICA, DELIVERY DRIVERS, WAREHOUSEMEN
AND HELPERS, LOCAL UNION No. 435, AFL. Case No. 30-CA-201.
February 5, 1953
Decision and Order
On June 11, 1952, Trial Examiner Howard Myers issued his Inter-
mediate Report in the above-entitled proceeding, finding that the Re-
spondents had engaged in and were engaging in certain unfair labor
practices in violation of the Act, and recommending that they cease
and desist therefrom, and take certain affirmative action as set forth in
the copy of the Intermediate Report attached hereto.' Thereafter,
the Respondents filed exceptions to the Intermediate Report and a
supporting brief.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this proceeding to a three-member panel [Chairman Herzog and Mem-
bers Murdock and Peterson].
1 Because no exceptions have been filed to the Trial Examiner's recommendations that
the 8 (a) (3) allegations as to Bingham and Benedict be dismissed , we adopt such recom-
mendations without further comment.
102 NLRB No. 103.