Glenn’s Trucking Co., 377 (2005)

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Glenn’s Trucking Co., 377 (2005)

Glenn’s Trucking Co., Inc. and United Mine Workers of America.  Case 9–CA–35666

March 21, 2005

SUPPLEMENTAL DECISION AND ORDER REMANDING

By Chairman Battista and Members Liebman and Schaumber

On September 25, 2003, Administrative Law Judge Lawrence Cullen issued the attached supplemental decision.  The Respondent filed exceptions, a supporting brief, and a reply brief.  The General Counsel filed an answering brief.

The Board has considered the supplemental decision and the record in light of the exceptions and briefs and has decided to affirm the judgeÂ’s rulings,1 findings, and conclusions as modified and to adopt the recommended Order as modified.

In this compliance proceeding, the judge concluded that the compliance specification accurately set forth the backpay due the named discriminatees.[2]  We adopt the judge’s supplemental decision in all respects except that we shall modify the cutoff date for the backpay due discriminatee Michael Hayes.

Backpay Period for Michael Hayes

The judge concluded that discriminatee Hayes was entitled to backpay for the entire backpay period ending September 3, 1998 (the date the Respondent offered Hayes reinstatement).  He rejected, as unsupported by the evidence, the Respondent’s contention that Hayes’ entitlement to backpay should be to...

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