W. R. Grace & Co.

National Labor Relations Board - Board Decisions

Jun 4, 1975

218 N.L.R.B. 233 (N.L.R.B. 1975)

HERMAN'S, DIV. OF
Herman's, Division of W. R. Grace & Co. and Retail
Clerks Union, Local 1371 chartered by Retail
Clerks International Association, AFL-CIO. Case
22-CA-5797
June 4, 1975
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
On February 21, 1975, the National Labor Rela-
tions Board issued a Decision and Order in the
above-entitled proceeding,' fmding, inter alia, that
Respondent violated Section 8(a)(3), (4), and (1) of
the National Labor Relations Act, as `amended, by
disc riminatorily selecting for layoff and by laying off
employee Lorraine Newton because of her union
activities and because of her subpenaed presence and
her foreseen and actual testimony as a union witness
at a National Labor Relations Board representation
hearing. The Board ordered Newton reinstated "to
her former job or, if that job no longer exists, to a
substantially equivalent position, without prejudice
to her seniority or other rights and privileges, in the
ski department of the Trenton, New Jersey, store
during the 1974-1975 ski department season."
1 216 NLRB No. 118.
W. R. GRACE & CO. 233
Subsequently, the General Counsel filed a motion
for clarification of the Board's Order inasmuch as the
1974-75 ski season was virtually over at the time the
Board's Order issued, and it was not clear whether
the Board intended, in light of the fact that Newton
had worked for the Respondent in previous ski
seasons since 1969, to provide for her reinstatement
to her former job in succeeding ski seasons as well.
The General Counsel's motion is unopposed.
The Board, having determined that clarification of
its previous Order is warranted, hereby enters an
amended order with respect to the reinstatement of
Newton.
AMENDED ORDER
It is hereby ordered that the Board's Order in this
proceeding be, and it hereby is, amended by
substituting the following for paragraph 2(a) of the
Order:
"(a) Offer to Lorraine Newton reinstatement to her
former job or, if that job no longer exists, to a
substantially equivalent position, without prejudice
to her seniority or other rights and privileges, in the
ski department of the Trenton, New Jersey, store
during the 1974-75 ski season, land if that season has
passed make such offer at the commencement of the
1975-76 ski season, or at the commencement of the
first ski season following compliance with or enforce-
ment of this Order.
218 NLRB No. 35