Extract
Missouri Transit Co., Inc., 1316 (1959)
SECOND SUPPLEMENTAL DECISION AND ORDER
On August 14, 1956, the Board issued its Decision and Order i in this case, in which It directed the Respondents to offer reinstatement 1 Missouri Transit Compun tl, and its President P W Fletcher, l16 NLRB 587125 NLRB No 1119MISSOURI TRANSIT COMPANY, INC. 1317 to certain named employees in the manner set forth in the Board's Order; and to make each employee whole for loss of earnings. On December 27, 1957, the Court of Appeals for the Eighth Circuit enforced the Board's Order.' On July 23, 1958, the Regional Director for the Seventeenth Region issued a backpay specification and notice of hearing. From January 20 through January 23, 1959, a hearing was held to determine the amounts of backpay due to the discharged employees.On April 3, 1959, Trial Examiner Thomas A. Ricci issued his Supplemental Intermediate Report, a copy of which is attached hereto, in which he found that certain of the Respondent's employees were entitled to backpay. Thereafter, the General Counsel and Claimant Wagner filed exceptions to the Supplemental Intermediate Report, and briefs in support of their exceptions. On May 6, 1959, a stipulation, subject to Board approval, was executed by the General Counsel and the Respondents settling all issues in the case except those involving Wagner and on June 11, 1959, in a Supplemental Decision and Order, the Board approved the stipulation.' On the same date the General Counsel withdrew all his exceptions.The Board has reviewed the findings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed.The Board has considered the Intermediate Report, the exceptions and brief of Claimant Wagner, and the entire record in the case, and adopts the findings, conclusions, and recommendations of the Trial Examiner, with the following additions :1. At the hearing and in his exceptions, Wagner contended that a letter of April 16, 1956, from Moller, offering Wagner reinstatement, was not a valid offer of reinstatement, inter alia, because Moller was not authorized to make such offer on behalf of the Respondent. In rejecting this contention, the Trial Examiner relied in part on the fact that Moller, some time after the foregoing letter was written, represented the Respondents in the proceedings in the Court of Appeals for the Eighth Circuit to enforce the Board's Order herein. In affirming the Trial Examiner, we rely also on the fact that on March 10, 1956, more than a month before the foregoing offer of reinstatement was made, Moller appeared as counsel for Respondents in the instant proceeding. Apart from any other consideration, such offer clearly fell within the scope of his apparent authority as the Respondent's representative in the proceeding at the time it was made, and was therefore binding on the Respondents whether or not he was actually authorized to make such offer.2 N.L.R.B. v. Missouri Transit Company, etc. 250 F. 2d 261.s The General Counsel and the Respondents , as part of the stipulation, moved to sever the case of John Wagner from that of other claimants . The motion was granted.535828-60-vol. 125=842. The Trial Examiner found that during the periods from August 1954-March 1955, and September 1955-April 1956, Wagner did not make reasonable efforts to find employment and was not entitled to backpay for these periods. The Trial Examiner found that during the first period of unemployment Wagner applied only to the USES and to the Union's office for employment. During the second period of unemployment he applied only at the Union's office. Wagner contends in his exceptions that there is no testimony in the record that there was any work available for which Wagner failed to apply.However, the record shows that during the foregoing periods, there were in the Waynesville area., where Wagner resided, at least 18 business establishments, consisting of lumber, appliance, construction, and transportation enterprises, in addition to a highway construction project. In view of these circumstances, and upon the entire record, we adopt the Trial...See the full content of this document
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