International Ladies Garment Workers' Union, AFL-CIO

National Labor Relations Board - Board Decisions

Aug 2, 1963

143 N.L.R.B. 1168 (N.L.R.B. 1963)

1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Ladies Garment Workers' Union , AFL-CIO and
Federation of Union Representatives . Cases Nos. 2-CA-7857-1
and 2-CA-7923. August 2, 1963
ORDER DENYING MOTION
On April 18, 1963, the Board issued its Decision and Order in the
above-entitled proceeding,' finding that Respondent had engaged in
certain unfair labor practices and ordering that it cease and desist
therefrom and take certain affirmative action. Thereafter on May 22,
1963, Respondent moved for reconsideration of the Board's Decision
and Order. The General Counsel and Charging Party duly filed
briefs in opposition to Respondent's motion.
Pursuant to Section 3(b) of the Act, the Board has delegated its
powers in connection with this case to a three-member panel [Chair-
man McCulloch and Members Rodgers and Leedom].
Respondent's motion for reconsideration generally contains nothing
not previously considered by the Board. However, it does contend
that the Board's Order granting backpay to employees of Respondent
who were denied merit increases during December 1960, is inconsistent
with the Board's apparent adoption of the Trial Examiner's finding
that such failure was not violative of Section 8 (a) (1).
Although the Trial Examiner stated that Respondent's failure to^
grant the automatic increases was violative of 8(a) (1), he did not
specifically rule on Respondent's failure to grant the merit increases
which were customarily given. We believe and find that Respond-
ent's failure to grant the merit increases because of FOUR's recogni-
tion request is also violative of Section 8(a) (1), for the same reasons
that led the Trial Examiner to find Respondent's failure to grant
automatic increases to be violative of that section. The granting of
such normal increases would not have interfered with the election?
In view of the foregoing, Respondent's motion for reconsideration
of the Board's decision is denied.
[The Board denied the Respondent's motion for reconsideration.]
142 NLRB 82.
z See Barber Colman Co., 116 NLRB 24, 26, and Good-All Electric Mfg. Co, 117
NLRB 72.
143 NLRB No. 110.