Vegetable Oil Products Co., Inc.

National Labor Relations Board - Board Decisions

Feb 2, 1938

5 N.L.R.B. 52 (N.L.R.B. 1938)

In the Matter Of VEGETABLE OIL PRODUCTS COMPANY, INC., A CORPO-
RATION and SOAP AND EDIBLE OIL WORKERS UNION, LOCAL No.
18409
Case No. C-44
Back Pay: home relief payments not to be deducted from.
SUPPLEMENTAL DECISION
AND
AMENDMENT TO ORDER
February 0, 1938
On June 23, 1936, after a hearing, the National Labor Relations
Board, herein called the Board, issued a Decision in this case 1 in
which it found that the respondent, Vegetable Oil Products Com-
pany, Inc., had engaged in unfair labor practices affecting commerce,
within the meaning of Section 8 (1) and (3) and Section 2 (6) and
(7) of the National Labor Relations Act, 49 Stat. 449. The unfair
labor practices so found consisted in discrimination against fourteen
of the respondent's employees in regard to hire and , tenure of em-
ployment, thereby discouraging membership in Soap and Edible
Oil Workers Union, Local No. 18409, herein called Local No. 18409.
The Board ordered the respondents to cease and desist from such
practices; to offer reinstatement to their former positions to James C.
Humphrey, Dale Fritts, Marshall Shafer, Harry Shepard, Walter
Crostic, H. L. Taylor, William D. Ensor, A. V. Price, F. E. Camp-
bell, Lester Price, Frank L. Lee, Frank Williams, John Williams,
and H. L. Livesay ; and to make whole these employees for any
losses of pay they have suffered by reason of their discharge, by
payment to each of them, respectively , of a sum of money equal to
that which each would normally have earned as wages during the
period from the date of his discharge to the date of such offer of
reinstatement, computed at the wage rate each was paid at the time
of his discharge, less the amount earned subsequently to his discharge.
A question having arisen as to the interpretation of the Board's
order, the Board, on December 2, 1937, issued and duly served upon
the parties a notice of hearing for the purpose of oral argument
11 N. L. R. B. 989.
52
DECISIONS AND ORDERS . 53
upon the subject of an amendment to the order of the Board, re-
lating to the question of deducting relief payments from the
amounts to be paid the employees under the order. The notice al-
lowed the respondent to file a brief in lieu of appearing at the oral
argument. On December 15, 1937, the respondent asked for a post-
ponement of the hearing , which was granted , and submitted a peti-
tion to reopen the record . On December 23, 1937, the Board denied
the petition to reopen the record . On January 14, 1938, the respond-
ent submitted its brief , in which it argued the matter of back pay,'
and the denial of the respondent 's petition to reopen the record. The
Board has carefully considered this brief. On January 17, 1938, the
respondent failed to appear at the scheduled oral argument.
AMENDMENT TO ORDER
The Board, having further considered the matter, and finding
that its order may be clarified by amendment, acting 'pursuant to
Section 10 (d) of the National Labor Relations Act, 49 Stat. 449,
hereby amends subdivision 3 (b) of its order of June 23, 1936, to
read as follows :
Make whole said James C. Humphrey, Dale Fritts, Marshall
Shafer, Harry Shepard, Walter Crostic, H. L. Taylor, William D.
Ensor, A. V. Price, F. E. Campbell, Lester Price, Frank L. Lee,
Frank Williams, John Williams, and H. L. Livesay, for any losses
of pay they have suffered by reason of their discharge, by payment
to each of them respectively, of a sum of money equal to that which
each would normally have earned as wages during the period from
the date of his discharge to the date of such offer of reinstatement,
computed at the wage rate each was paid at the time of his dis-
charge, less the amount earned subsequently to his discharge, but
not deducting any amounts said employees may have received during
such period as home-relief payments.