Edward G. Partin, Business Agent, 727 (1968)

Docket Number:15-CB-00622
 
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EDWARD G. PARTIN , BUSINESS AGENT 727

Edward G . Partin, Business Agent, General Truck Drivers, Chauffeurs, Warehousemen and Helpers of America, Local No. 5, Affiliated With International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, Ind. and Calvin C. Clary. Case 15-CB-622

May 23, 1968 SUPPLEMENTAL DECISION AND ORDER

BY MEMBERS FANNING, JENKINS , AND ZAGORIA On September 4, 1964, the National Labor Relations Board issued its Decision and Order in the above-entitled proceeding,' finding that the Respondent, by causing and attempting to cause Ryder Truck Lines, Inc., to discharge Calvin C.

Clary, engaged in unfair labor practices within the meaning of Section 8(b)( 1)(A) and (2) of the National Labor Relations Act, as amended, and ordered , inter alia, that the Respondent make whole Clary for any losses he may have suffered as a result of the discrimination against him. On March 29, 1966, the Court of Appeals for the Fifth Circuit entered its decree enforcing, in full, the backpay provisions of the Board's Order. On February 23, 1968, the Acting Regional Director for Region 15, issued and served on the parties a Backpay Specification and Notice of Hearing, alleging the backpay due under the Board's Order.' Thereafter, on March 20, 1968, no answer having been filed to the backpay specification, counsel for the General Counsel, hereinafter called the General Counsel, filed with the Board in Washington, D.C., a motion to transfer and continue case before the Board and motion for summary judgment. On March 22 , 1968, the Board issued an order transferring this matter to the Board and further ordered the Respondent to show cause in writing to be filed with the Board in Washington,

D.C., on or before April 4, 1968, why the General Counsel's motion for summary judgment should not be granted.

On April 5, 1968, the day after the date set by the Board for filing a response to the order to show cause, General Counsel received by regular mail an envelope from Respondent postmarked April 3 in the p.m. which contained an instrument entitled 'Motion in Opposition to Transfer and Continue Case Before the Board and Motion in Opposition to Motion for Summary Judgment.' On April 9, 1968, the General Counsel, filed with the Board in Washington, D.C., an answer to Respondent's motion in opposition to transfer and continue case before the Board and motion in opposition to motion for summary judgment.

Pursuant to the provisions of...

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