Fredeman's Calcasieu Locks Shipyard, Inc., 839 (1974)

FREDEMAN'S CALCASIEU LOCKS SHIPYARD Fredeman's Calcasieu Locks Shipyard, Inc. and International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers, and Helpers, Local 79, AFL-CIO. Case 15-CA-4613

January 31, 1974 SUPPLEMENTAL DECISION AND

ORDER DENYING MOTION FOR

RECONSIDERATION

BY CHAIRMAN MILLER AND MEMBERS

FANNING AND PENELLO

On October 12, 1973, the National Labor Relations Board issued its Decision and Order in this proceeding l finding, inter alia, that. Respondent unlawfully laid off certain employees and ordering Respondent to offer full and proper reinstatement to each such employee and to make him whole for any consequent loss of pay from the date of his unlawful discharge to 'the date of, its full and proper offer of reinstatement to each employee.' On November 5, 1973, counsel for the General Counsel filed a motion for reconsideration contending that the Board erred in finding that Respondent's backpay responsibility terminated as of the date of offer of reinstatement instead of the date of actual reinstatement. No party filed a motion in opposition.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this, proceeding to a three-member panel.

It appears that the General Counsel has misconceived the situation. Although the Board has varied the language of its backpay provisions in its orders, it usually provides that backpay shall run until a proper offer of reinstatement is made. We have construed such terminology to mean that the intended cutoff date is not, literally, the date on which the offer is first tendered, but rather a reasonable date which affords the discriminatee a reasonable period of time to determine if he wishes to accept or reject the offer and during which he can, if he accepts, take those steps necessary to return to work pursuant to the offer. What constitutes the 'reasonable time' will depend essentially on the situation in which an employee finds himself as a result of the discrimination against him, and thus no precise fixed date can be set by formula.

For example, an employee may be employed by an interim employer at the time he receives the offer of reinstatement. In that situation, we would allow him 1 206 NLRB No. 104.

2 In support of his position, the General Counsel cites American Manufacturing Company of Texas, 167 NLRB 520, and Southern Household Products Company, Inc., 203...