Townhouse T.v.& Appliances

National Labor Relations Board - Board Decisions

Jun 9, 1976

224 N.L.R.B. 566 (N.L.R.B. 1976)

566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Townhouse T. V. & Appliances and Chicago Truck
Drivers , Helpers & Warehouse Workers (Indepen-
dent) and Charles Freskos. Cases 13-CA-12633
and 13-CA-12864
June 9, 1976
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS JENKINS
AND WALTHER
On September 27, 1974, the National Labor Rela-
tions Board issued a Decision and Order in the
above-entitled proceeding' finding that Respondent
had violated Section 8(a)(1), (3), and (5) of the Na-
tional Labor Relations Act, as amended. As a reme-
dy for the 8(a)(3) violations, the Board ordered that
Respondent reestablish its delivery operation, rein-
state its delivery employees, and make the discrimi-
natees whole for the loss of earnings from the date of
their discharge to the date of Respondent's offer of
reinstatement. Thereafter, the Board filed an applica-
tion for enforcement of its Order in the United States
Court of Appeals for the Seventh Circuit. On March
5, 1976, the court issued an opinion directing en-
forcement of the Board's Order except for those por-
tions requiring Respondent to resume operations and
reinstate the discharged employees as a remedy for
the 8(a)(3) violations.2 The court remanded the case
to the Board for the purpose of framing a new
remedial order. The court indicated that it would en-
force an order remedying the 8(a)(3) violations along
the lines of that recommended by the Administrative
Law Judge.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the court's opinion, the
Board's Decision and Order, and the entire record in
the case, and has decided to accept the remand.
ORDER
It is hereby ordered that the Board's Order in 213
NLRB 716, be, and it hereby is, amended by deleting
paragraph 2(a) thereof and substituting therefor the
following:
"(a) Make whole Charles Freskos, Mike Freskos,
Samuel Oliva, George Ostrick, and Frank Taormino
for the loss of wages they would have received from
'213 NLRB 716 (1974)
2 N L R B v Townhouse T V & Appliances, Inc, 531 F 2d 826 (C.A 7,
1976)
the date of discharge until the date the Union and
Respondent have bargained either to an impasse or
reached agreement, with backpay computed as pre-
scribed in F. W. Woolworth Company, 90 NLRB 289
(1950), and interest thereon at 6 percent per annum,
computed in the manner set forth in Isis Plumbing
and Heating Co., 138 NLRB 716 (1962)."
IT IS FURTHER ORDERED that the attached Appendix
be, and it hereby is, substituted for that attached to
the Board's Decision in 213 NLRB 716.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT interrogate our employees con-
cerning their union membership and activities.
WE WILL NOT discourage membership in Chi-
cago Truck Drivers, Helpers & Warehouse
Workers (Independent), or any other labor orga-
nization, by discharging our employees, or in
any other manner discriminating against them
in regard to their hire or tenure of employment,
or any term or condition of employment.
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the
exercise of their rights under Section 7 of the
Act.
WE WILL bargain, upon request, with the
above-named Union as your exclusive represen-
tative in the appropriate unit with respect to
wages, hours, and other terms and conditions of
employment, and, if an understanding is
reached, embody it in a signed agreement. The
appropriate unit is:
All truck drivers and helpers employed at
our facility located at 7243 West Touhy Ave-
nue, Chicago, Illinois, who are performing the
work of delivering and installing appliances,
excluding office clerical employees, salesmen,
service repairmen, professional employees,
guards and supervisors as defined in the Act.
WE WILL make whole Charles Freskos, Mike
Freskos, Samuel Oliva, George Ostrick, and
Frank Taormino for any loss of wages they may
have suffered as a result of our discrimination
against them with interest at 6 percent.
All our employees are free to become, remain, or
to refrain from becoming or remaining members in
good standing of any labor organization.
TOWNHOUSE T. V. & APPLIANCES
224 NLRB No. 99