Goshen Litho, Inc., 769 (1972)

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Goshen Litho, Inc., 769 (1972)

GOSHEN LITHO, INC. 769

Goshen Litho, Inc. and New York Paper Cutters and Bookbinders Union Local No. 119, International Brotherhood of Bookbinders, AFL-CIO and Juan Madera Santos. Cases 2-CA-12407, 2-CA-1240

7-2 and 2-CA-12453

October 17, 1972 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS FANNING AND

JENKINS

On June 8, 1972, Administrative Law Judge 1

Herzel H. E. Plaine issued the attached Decision in this proceeding. Thereafter, the General Counsel,

Charging Party and the Respondent filed exceptions and supporting memorandums.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the Respondent's exceptions and memorandum and has decided to affirm the rulings, findings, and conclusions have and to adopt his recommended Order, as modified herein.

The General Counsel and the Charging Party except to the Administrative Law Judge 's failure to provide in his Order that employee Matthew Babula be offered an unconditional offer of reinstatement by Respondent to his former position in the Respondent's camera department or a substantially equivalent job without prejudice to his seniority and other rights and privileges . The Administrative Law Judge in his Decision, while finding that Babula was discriminatorily laid off by Respondent for discriminatory reasons the second time on or about October 27, 1971, as alleged in the complaint, failed to provide for his reinstatement by the Respondent. In the absence of any evidence on the record that Respondent made an offer of reinstat...

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