Moore Business Forms, Inc.

National Labor Relations Board - Board DecisionsNov 1, 1976

226 N.L.R.B. 688 (N.L.R.B. 1976)

688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Moore Business Forms, Inc. and International Print- ing and Graphic Communications Union, AFL-CIO and Robert P. Johnson . Case 10-CA-10917 and 10-CA-10919 November 1, 1976 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO On June 7, 1976, the National Labor Relations Board issued a Decision and Order in this proceed- ing' finding that Respondent had violated Section 8(a)(1) and (3) of the National Labor Relations Act, as amended. Thereafter, on June 25, 1976, the Gener- al Counsel filed a motion to clarify Order. 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, having duly considered the General Counsel's motion and the entire record herein, makes the following findings: We find merit in the General Counsel's contention to the effect that the Board erred in adopting the Administrative Law Judge's recommended Order in which he inadvertently failed to order Respondent to offer reinstatement to all unfair labor practice strik- ers who were not discharged. In his Decision, the Administrative Law Judge concluded that "As of August 1, [1974,] offers to re- turn to work had been made by or on behalf of virtu- ally all nondischarged strikers" 2 but he did not, with respect to all such strikers except Johnny White, make findings as to the dates on which such offers were made. He further found that Respondent's con- duct made futile for those striking employees who had not made unconditional offers to return to work by August 1, 1974, to do so after that date.' Accordingly, we shall modify the remedy so as to require additionally that Respondent offer each of the former unfair labor practice strikers who were not discharged immediate reinstatement to his or her former position or, if such job no longer exists, to a substantially equivalent position, without loss of se- niority or other rights or privileges, discharging, if necessary, any replacements hired. Respondent shall also be ordered to make each of these employees whole for any loss of earnings he or she would nor- mally have earned from the earlier date of either, 5 days after the employee actually made an uncondi- tional offer to return to work, if such date can be ascertained in the compliance stage of this proceed- ing or, if no such date can be determined, 5 days after August 1, 1974, to the date of Respondent's of- fer of reinstatement, in accordance with the Board's formula" set forth in F. W. Woolworth Company, 90 NLRB 289 (1950), with interest thereon at the rate of 6 percent per annum as set forth in Isis Plumbing & Heating Co., 138 NLRB 716 (1962). ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board modifies, as set forth below, its Order in 224 NLRB 393, and hereby orders that the Re- spondent, Moore Business Forms, Inc., Heflin, Ala- bama, its officers, agents, successors, and assigns, shall take the action set forth in the said Order, as so modified: 1. Add the following as paragraph 2(b) and relet- ter subsequent paragraphs accordingly: "(b) Offer each of the former unfair labor strikers who were not discharged immediate reinstatement to his or her former position or, if such job no longer exists, to a substantially equivalent position, without loss of seniority or other rights or privileges, dis- charging if necessary any replacements hired, and make each of these employees whole for any loss of earnings he or she would normally have earned from the earlier date of either 5 days after the employee actually made an unconditional offer to return to work, if such date can be ascertained in the compli- ance stage of this proceeding, or, if no such date can be determined, 5 days after August 1, 1974, to the date of Respondent's offer of reinstatement, in ac- cordance with the Board's formula set forth in F. W. Woolworth Company, 90 NLRB 289 (1950), with in- terest thereon at the rate of 6 percent per annum as set forth in Isis Plumbing & Heating Co., 138 NLRB 716 (1962)." 2. Substitute the attached notice for that of the Administrative Law Judge. '224 NLRB 393 2 ALJD, sec II , G, last sentence of third paragraph 3 ALJD, The Remedy, second paragraph. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT discharge striking employees who do not engage in disqualifying strike mis- conduct. 226 NLRB No. 102 MOORE BUSINESS FORMS, INC. WE WILL NOT discourage membership in Inter- national Printing and Graphic Communications Union, AFL-CIO, or any other union, or the free exercise of rights guaranteed by the Na- tional Labor Relations Act by requiring striking employees to undergo waiting periods for the re- sumption of their health insurance coverage or by eliminating the practice of rotating shifts or by discriminating against them in any other manner in regard to hire or tenure or other terms or conditions of employment. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of the right to self-organization; to bar- gain collectively through representatives of their own choosing; to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection; or to refrain from any and all such activities. WE WILL offer the following employees imme- diate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or other rights and privileges, discharg- ing if necessary any replacements, and WE WILL make them whole for any earnings lost as a re- sult of our unlawful conduct against them, plus interest: Stanley Bragg James McCormick Donald Brown Billy Joe McGinnis Leroy Brown Jimmy Burrows Mike Campbell Ronald Craft Leon Daniel Tommy Ervin Jackie Gaines Roger Gibson Curtis Hiett B. C. Hightower Ralph Johnson, Jr. Martin T. Mitchell Nelda Morrow Dorris Junior Payne Lynn Payne Jerry Prater Earl E. Reaves Larry Smith Larry Turner Danny White Lynwood Williamson Mike Lindsey 689 WE WILL offer all other former unfair labor practice strikers who were not discharged imme- diate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or other rights and privileges, discharg- ing if necessary any replacements; and WE WILL make them whole for any earnings lost as a re- sult of our unlawful conduct against them, plus interest at 6 percent per annum. WE WILL make the striking employees whole for any losses they may have suffered because we made them wait 90 days before resuming their health insurance coverage and WE WILL reinstitute the rotating shift practice which we had before the strike began. MOORE BUSINESS FORMS, INC.