Vorpal Galleries

National Labor Relations Board - Board Decisions

Mar 1, 1977

228 N.L.R.B. 485 (N.L.R.B. 1977)

VORPAL GALLERIES 485
Michael Muldoon Elder , d/b/a Vorpal Galleries and
Lesley M. Flesch, Lilab Thayer Toland, Susan M.
Elsass, Shiwa Kartso Harris , John W. Jaccard,
Michael Terry Jones, Michael Mulcahy, Mariett
Muller, Kathryn Burke, Lynn Kearcher, Thomas J.
Wing Wo, Jr. Cases 20-CA-11047-1,-2,-3,-4, -
5,-6,-7,-8,-9, -10, and -11
March 1, 1977
ORDER
On December 20, 1976, the National Labor Rela-
tions Board issued a Decision and Order' in the
above-entitled proceedings in which the Board found
that the Respondent had unlawfully discharged
striking employees and ordered him, inter alia, to
reinstate them upon their proper application therefor
and make them whole for any loss of pay they may
have suffered by reason of their discharges and to
notify such employees of their right to reinstatement.
Thereafter the General Counsel filed a motion for
reconsideration of the Board's Order, requesting that
it be revised to permit an interpretation that the
question of whether the discharged strikers made an
unconditional offer to return to work on January 26,
1976, may properly be deferred to the compliance
stage of these proceedings. The Respondent has filed
an opposition to this motion.
We find nothing in the General Counsel's motion to
warrant reconsideration of our previous Order. How-
ever, in the interest of resolving the issue joined by
the motion and the opposition, we shall treat the
motion as one for clarification of our Order.
The Order was not intended, nor should it be
construed, as precluding the consideration of any
matters affecting the remedy, including any uncondi-
tional offer to return to work made before the
issuance of the Decision and Order, in the compli-
ance stages of these proceedings.
Accordingly, it is hereby ordered that the Board's
Order dated December 20, 1976, be, and it hereby is,
clarified to provide that any issues normally litigable
in the compliance stages, including the matters raised
by the General Counsel in the instant motion, are
preserved for the compliance stages of these proceed-
ings.2
1 227 NLRB No. 65 , Members Fanning and Jenkins dissenting in part . unlawfully discharged strikers to apply for reinstatement , they concur in this
2 Although Members Fanning and Jenkins would not require the treatment of the motion for reconsideration and construction of the Order.
228 NLRB No. 58