Santa Fe Drilling Co., 361 (1970)

SANTE FE DRILLING COMPANY

Santa Fe Drilling Company and Alaska Petroleum Crafts Council and International Union of Petroleum Workers, AFL-CIO. Cases 19-CA-3324-1, 19-CA-3328,19-CA-3470,19-RC-385 1, and 19-RM-598

June 15, 1970 ORDER DENYING MOTION

By MEMBERS MCCULLOCH, BROWN, AND JENKINS On May 2, 1968, the National Labor Relations Board issued its Decision and Order in the aboveentitled proceeding,' finding that the Respondent,

Santa Fe Drilling Company, violated Section 8(a)(1) by threats and coercive statements to employees and Section 8(a)(3) and ( 1) by discriminatorily discharging employees because of their union activity. The Board ordered the Respondent to cease and desist from the unfair labor practices found and to reinstate and make whole the employees discriminatorily discharged or laid off.

Thereafter, the Respondent filed a petition for review of the Decision and Order of the National Labor Relations Board with the United States Court of Appeals for the Ninth Circuit and the Board filed a cross-petition for enforcement of its Order. The court enforced the Board 's Order in its entirety, except for the finding that Respondent unlawfully discharged employee Barefield. With respect to Barefield, the court remanded the case to the Board for its determination as to whether or not it saw fit to draw inferences from the record that Supervisor Roady who discharged Barefiled had knowledge of Barefield 's union activities and that Respondent's discharge of Barefield was based on such union activities.2

On February 3, 1970, the Board issued a Supplemental Decision and Order3 in accordance with the court's remand . Based on inferences drawn from the record as a whole, we reaffirmed our adoption of the Trial Examiner's finding that Barefield was discriminatorily discharged and our Order that the Respondent offer him immediate and full reinstatement to his former or substantially equivalent position, without prejudice to his seniority and other rights and privileges , and make him whole in the manner set forth in the section entitled 'The Remedy.' Thereafter, on March 20, 1970, the Respondent filed a Motion for Reconsideration of the Board 's Supplemental Decision and Order. The ' 171 NLRB No 27

2 Santa Fe Drilling Company v NLRB , 416 F 2d 725 (C A 9) 3 180 NLRB 1049

361

Respondent also filed a brief in support thereof, which has been carefully considered.

Pursuant to the provisions of Section 3(b) of the Act, as amended , the Board has delegated its powers in connection with this proceeding to a three-member...