Arduini Manufacturing Corp.

National Labor Relations Board - Board Decisions

Aug 1, 1968

172 N.L.R.B. 1442 (N.L.R.B. 1968)

1442 DECISIONS OF NATIONAL
Arduini Manufacturing Corp. and Sheet Metal Work-
ers International Association , AFL-CIO. Case
1-CA-4593
August 1, 1968
SECOND SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS BROWN
AND ZAGORIA
On January 17, 1967, the National Labor Rela-
tions Board issued its Supplemental Decision and
Order in the above-entitled backpay proceeding,'
directing that Respondent pay to two discrimina-
torily discharged employees, Cassanelli and
Gibeault, certain stated amounts in backpay and
profit-sharing credits. Thereafter, the Board filed a
petition with the United States Court of Appeals for
the First Circuit for enforcement of its Order. The
court enforced that part of the Board's Order award-
ing backpay and profit-sharing credits to employee
Cassanelli, but set aside the Board 's Order with
respect to employee Gibeault and remanded that
portion of the case with directions to enter an order
' 162 NLRB 972
' 394 F 2d 420 (C A 1, 1968)
LABOR RELATIONS BOARD
awarding backpay and profit-sharing credits to em-
ployee Gibeault in accordance with the findings
and recommendations of the Trial Examiner.2
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
powers in connection with this case to a three-
member panel.
In accordance with the court's decision, we will
modify our Order by awarding backpay to em-
ployee Gibeault in the amount set forth in the Trial
Examiner's Decision in backpay proceeding.
SECOND SUPPLEMENTAL ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respon-
dent, Arduini Manufacturing Corp., Worcester,
Massachusetts, its officers, agents, successors, and
assigns , shall make Ernest J. Gibeault whole by pay-
ment to him of the sum of $345.14, plus the further
credit due him under the profit-sharing plan for the
fiscal year ending June 30, 1965, plus interest at 6
percent per annum accrued to the date of payment,
minus the tax withholding required by Federal and
state laws.
172 NLRB No. 153