Extract
Joe & Dodie's Tavern, 401 (1981)
JOE & DODIE'S TAVERN Dick Seidler Enterprises, d/b/a Joe & Dodie's Tavern and Hotel and Restaurant Employees and Bartenders Union, Local No. 49, AFLCIO. Cases 20-CA-14760 and 20-RC- 14840
January 14, 1981 DECISION AND ORDERBY MEMBERS JENKINS, PENELLO, AND ZIMMERMANOn July 31, 1980, Administrative Law Judge Gordon J. Myatt issued the attached Decision in this proceeding.' Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel submitted a brief in answer thereto.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 exceptions and briefs and has decided to affirm the rulings, findings, 2 and conclusions of the Administrative Law Judge and to adopt his remedy3 and recommended Order, as modified herein.ORDERPursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge, as modified below, and hereby orders that the Respondent,Dick Seidler Enterprises, d/b/a Joe & Dodie's Tavern, Folsom, California, its officers, agents, suc' August 13, 1980, the Administrative Law Judge issued an errata to his Decision.2 The Respondent has excepted to certain credibility findings made by the Administrative Law Judge. It is the Board's established policy not to overrule an Administrative Law Judge's resolutions with respect to credibility unless the clear presponderance of all of the relevant evidence convinces us that the resolutions are incorrect. Standard Dry Wall Products Inc., 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing his findings.a In his remedy, the Administrative Law Judge provided for a 5-day grace period after an unfair labor practice striker applies for reinstatement before the obligation attaches to Respondent to offer such a striker reinstatement.The Board has found that the 5-day period is a reasonable accommodation between the interests of the employees in returning to work as quickly as possible and the employer's need to effectuate that return in an orderly manner. Drug Package Company, Inc., 228 NLRB 108 (1977). Accordingly, we hereby modify the Administrative Law Judge's remedy to provide that, if Respondent herein has already rejected, or hereafter rejects, unduly delays, or ignores any unconditional offer to return to work, or attaches unlawful conditions to its offer of reinstatement, the 5day period serves no useful purpose and backpay will commence as of the unconditional offer to return to work. Newport News Shipbuilding and Dry Dock Company, 236 NLRB 1637, 1638 (1978).Member Jenkins, for the reasons set forth in his partial dissent in Drug Package Company. Inc., would begin Respondent's backpay obligation from the date of each striker's unconditional offer to return to work. In addition, Member Jenkins would award interest on the backpay due based on the formula set forth in his dissent in Olympic Medical Corporation, 250 NLRB 146 (1980).254 NLRB No. 45 cessors, and assigns, shall take the action set forth in the said recommended Order, as so modified:1. Insert the following as paragraph (f):'(f) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them under Section 7 of the Act.' 2. Substitute the attached notice for that of the Administrative Law Judge.IT IS FURTHER ORDERED that the complaint allegations not specifically found herein be, and they hereby are, dismissed.IT IS FURTHER ORDERED that Case 20-RC-14840 be, and it hereby is, remanded to the Regional Director for Region 20 for the purpose of opening and counting the ballots of Donald Sproull and Barbara Daley and, thereafter, preparing and causing to be served on the parties a revised tally of ballots on the basis of which she shall issue an appropriate certification.APPENDIXNOTICE To EMPLOYEES POSTED BY ORDER OF THENATIONAL LABOR RELATIONS BOARDAn Agency of the United States Government After a hearing at which all sides had an opportunity to present evidence and state their positions, the National Labor Relations Board found that we have violated the National Labor Relations Act, as amended, and has ordered us to post this notice.WE WILL NOT establish and maintain a rule prohibiting employees from eating or taking meals home after work in order to discourage their support for Hotel And Restaurant Employees And Bartenders Union, Local No. 49,AFL-CIO.WE WILL NOT change our prior practice and thereby forbid employees from remaining on the p...See the full content of this document
Sponsored links
