Extract
Minette Mills, Inc., 1009 (1995)
Minette Mills, Inc. and Amalgamated Clothing and
Textile Workers Union, AFL-CIO. Case 11- CA-13862March 31, 1995SUPPLEMENTAL DECISION AND ORDERBY MEMBERS BROWNING, COHEN, AND TRUESDALEOn December 31, 1991, the National Labor Relations Board issued a Decision, Order, and Direction of Second Election in this proceeding,1 directing the Respondent, Minette Mills, Inc. to, among other things, make whole employees Van Douglas Wright and Debra Carol Wright for their losses resulting from its unfair labor practices. The United States Circuit Court of Appeals for the Fourth Circuit enforced the Board's order in its entirety on January 7, 1993.2 A controversy having arisen over the amount of backpay due under the terms of the Board's Order, as enforced by the court of appeals, the Regional Director for Region 11 issued a backpay specification and notice of hearing on July 30, 1993. The Respondent filed an answer. A hearing was held on January 19 and 20, 1994, before Administrative Law Judge Richard J. Linton.On May 17, 1994, the administrative law judge issued the attached supplemental decision and order. The Respondent filed exceptions and a supporting brief.The Board has delegated its authority in this proceeding to a three-member panel.The Board has considered the record and the attached supplemental decision in light of the exceptions and brief and has decided to affirm the judge's rulings, findings,3 and conclusions and to adopt the recommended Order, as modified.4ORDERThe National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, Minette Mills, Inc., Grover, North Carolina, its officers, agents, successors, and assigns, shall pay the sums set forth in the Order as modified.Insert the following as the total amount of backpay due Van Douglas Wright: ''$23,985.''Joseph T. Welch, Esq., for the General Counsel.Thomas T. Hodges, Esq. (Haynsworth, Baldwin, Johnson &Greaves), of Greenville, South Carolina, for the Respondent.SUPPLEMENTAL DECISIONSTATEMENT OF THE CASERICHARD J. LINTON, Administrative Law Judge. This is a backpay case. It is a compliance proceeding to determine the amount of backpay which the Respondent, Minette Mills (Minette), owes to Van Douglas Wright and to Debra Carol Wright as a result of unlawfully discharging them on April 30, 1990. Liability was determined against Minette in the underlying unfair labor practice case, reported as Minette Mills, 305 NLRB 1032 (1991), enfd. 983 F.2d 1056 (4th Cir. 1993). Generally agreeing here with the Government, I order Minette to pay backpay (plus interest, less taxes required by law to be withheld) as follows:Van Douglas Wright $24,090 Debra Carol Wright 32,516I presided at this 2-day trial in Shelby, North Carolina, on January 19 and 20, 1994, pursuant to the December 1, 1993, amended compliance specification (ACS) issued by the Regional Director for Region 11 of the National Labor Relations Board on behalf of the Board.Minette manufactures home furnishing textile products at its plant in Grover, North Carolina. In 1990 the Union (Amalgamated Clothing and Textile Workers Union, AFL- CIO) conducted an organizing drive at Minette's Grover plant. Douglas and Debra Wright, husband and wife, supported the Union. On April 30, 1990, Minette fired the two Wrights. The lawfulness of the discharge was one of the issues presented to Administrative Law Judge J. Pargen Robertson in late 1990. On April 4, 1991, Judge Robertson found that the discharge of the Wrights was unlawful. With its December 31, 1991 decision adopting that portion of Judge Robertson's decision, the Board ordered Minette to offer the Wrights reinstatement and to make them whole, with interest. Minette Mills, 305 NLRB 1032 (1991), enfd. 983 F.2d 1056 (4th Cir. 1993). By certified letters dated February 11, 1993, Minette offered reinstatement to Douglas Wright (G.C. Exh. 2) and to Debra Wright (G.C. Exh. 7). (1:121-122.)1 The1 305 NLRB 1032.2 983 F.2d 1056.3 The Respondent has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing...See the full content of this document
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