American Steel Foundries

National Labor Relations Board - Board Decisions

Jun 7, 1946

68 N.L.R.B. 514 (N.L.R.B. 1946)

In the Matter of AMERICAN STEEL FOUNDRIES, INDIANA HARBOR WORKS
and FOREMAN'S ASSOCIATION OF AMERICA, CHAPTER 57, UNAFFILI-
ATED
Case No. 13-C-2294
ORDER AMENDING DECISION AND ORDER
AND
DENYING PETITION FOR RECONSIDERATION
June 7, 1946
On April 4, 1946, the Board issued its Decision and Order in the
above-entitled case." Thereafter, the respondent filed a Petition for
Reconsideration, requesting the Board to set aside and reconsider its
Decision and Order. The Board has considered the respondent's Petition
for Reconsideration.
In our Decision and Order, we stated that the delay of several months
between the commission of the unfair labor practices found therein and
the issuance of the complaint did not warrant any change in the amount
of back pay awarded Carmen Tamburo and Everett Nansen, whose
discharges we found were violative of Section 8 (3) of the Act. This
was in accordance with our practice of not abating back pay for delays
incident to the customary processing of a case.2 The respondent points
out in its Petition for Reconsideration, however, that part of the delay
in the issuance of the complaint in this case was due to instructions
which the Board had issued to its Regional Offices, in effect at the
time of the discharges of Tamburo and Nansen, not to process unfair
labor practice charges involving discrimination against supervisory em-
ployees. We are of the opinion that the respondent should not be
ordered to grant Tamburo and Nansen back pay for the period of this
unusual delay, and we shall accordingly amend our Decision and Order.
IT IS HEREBY ORDERED that the Decision and Order of April 4, 1946,
in the above-entitled case be, and it hereby is, amended by striking there-
from footnote 8, and by providing that the period prior to May 12, 1944,
duxing which this case was held in abeyance pursuant to the Board',
1 67 N. L. R. B 27.
2 See Matter of Cowell Portland Cement Company, 40 N. L. R. B. 652 , enf'd as mod. 148 F.
(2d) 237 (C C A 9).
68 N. L. R B., No. 73.
514
AMERICAN STEEL FOUNDRIES 515
instructions , be excluded in computing the amount of back pay due to
Carmen Tamburo and Everett Nansen.
AND IT IS FURTHER ORDERED that the Petition for Reconsideration filed
by the respondent be, and it hereby is, denied in all other respects.
MR. GERARD D. REILLY took no part in the consideration of the,above
Order Amending Decision and Order and Denying Petition for
Reconsideration.
696966-46-34