The Madison Courier, Inc.

National Labor Relations Board - Board Decisions

Feb 6, 1975

216 N.L.R.B. 507 (N.L.R.B. 1975)

THE MADISON COURIER, INC. 507
The Madison Courier, Inc. and Louisville Typographi-
cal Union No. 10, International Typographical
Union , AFL-CIO. Case 25-CA-2217
February 6, 1975
THIRD SUPPLEMENTAL DECISION AND
ORDER
BY ACTING CHAIRMAN FANNING AND
MEMBERS JENKINS AND PENELLO
On March 30, 1973, the Board issued a Second
Supplemental Decision and Order' in a backpay
proceeding finding certain specified amounts of
backpay due to employees David R. Ashby, Bernard
A. Corbin, Albert Lee Dowell, Paula B. Feltner,
Louis D. Giltner, Rudolph D. Juett, Virginia F. Kerr,
Henry Lorenz, Jr., August Mead, Judith A. Moore,
James H. Nichols, and Micky D. Storie.
On October 11, 1974, the United States Court of
Appeals for the District of Columbia issued an order
refusing enforcement of the Board's Second Supple-
mental Decision and Order and again remanding the
case to the Board for further proceedings consistent
with the court's opinion.2 For the reasons set forth in
the majority's opinion, the court upheld the Board's
backpay award as to Walter Dowell, upheld partial
awards to Albert Dowell, Giltner, and Storie,3 and
denied backpay as to the remaining six discrimina-
tees , viz, Corbin, Juett, Kerr, Lorenz, Mead, and
Nichols.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Having accepted the remand we are thereby bound
by the court's opinion, which we respectfully recog-
nize as binding upon us only for the purpose of
deciding this case.
ORDER
On the basis of the opinion of the United States
Circuit Court of Appeals for the District of Colum-
bia, dated October 11, 1974, and the Administrative
Law Judge's Supplemental Decision dated May 26,
1969, as modified herein, the National Labor
Relations Board hereby orders that the Respondent,
The Madison Courier, Inc., its officers, agents,
successors, and assigns, shall pay the claimants
involved in this proceeding as net backpay the
amounts determined to be due by the Administrative
Law Judge in the said Supplemental Decision as
modified by the said opinion of the court.
i The Madison Courier, Inc, 202 NLRB 808 (1973). See also The Madison
Courier, Inc., 162 NLRB 550 (1967); Louisville Typographical Union No. 10,
International Typographical Union, AFL-CIO [The Madison Courier, Inc] v.
N L R B., 67 LRRM 2462. 57 LC 9 12,647 (C.A.D C., 1967); The Madison
Courier, Inc, 180 NLRB 781 (1970); and N.L.R B v. Madison Courier, Inc,
472 F.2d 1307 (1972).
2 N L.R B. v. Madison Courier, Inc., 505 F.2d 391, Judges MacKinnon
and Robb, Judge Leventhal dissenting.
3 Albert Dowell was denied backpay for the period preceding October
1966, while Giltner and Stone were awarded backpay only up to that date.
216 NLRB No. 84