Thomas W. Moylan Co., Inc., 262 (1962)

Extract

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Thomas W. Moylan Co., Inc., 262 (1962)

SUPPLEMENTAL DECISION

On October 25, 1961, the Board issued its Decision and Order (133

NLRB 1287), in part requiring the Respondent to reinstate all unfair labor practice strikers upon application.

Thereafter the Respondent filed a 'Motion To Vacate Decision and Order,' in part on the ground that the reinstatement order deprived the Respondent of its right to establish picket line misconduct as a defense to the reinstatement of specific strikers. The Union filed a memorandum in opposition.

Our Order in this case is not to be construed as requiring reinstatement of those not entitled to it. The Respondent is required to reinstate only such strikers as are lawfully entitled to reinstatement if and when they apply for reinstatement. In view of the facts in this case we deem it advisable to defer to the compliance stage of the proceedings herein the opportunity, which the Respondent is entitled to, for, the substantiation of its claims regarding the picket line misconduct of strikers who may apply for reinstatement. If the issue is not settled between the Respondent and the Regional Director, it may be referred to, the Board for determination, by hearing if necessary.

In sum, however, we find the Respondent's motion raises nothing not previously considered, and furnishes no ground to vacate our above-mentioned Decision and Order.

Accordingly, we deny the motion.

MEMBERS FANNING and BROWN took no part in the consideration of the above Supplemental Decision.

13,6 NLRB No. 27.

Thomas W. Moylan Company, Inc. and Sheet Metal Workers International Association, Local Union No. 102, AFL-CIO.,

Case No. 5-CA-1915. March 14, 1962 DECISION AND ORDER

On December 13, 1961, Trial Examiner George A. Downing issued his Intermediate Report in the above-entitled proceeding,, finding that 136 NLRB No. 22.

THOMAS W. MOYLAN COMPANY, INC. 263 the Respondent has engaged in and is engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set for...

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