Intl. Union of Operating Engineers, Loc. 925, 818 (1967)

International Union of Operating Engineers, Local though it would bring about a cessation of Respond925, AFL-CIO, and its Business Manager, H. B. ents' discriminatory preferential referral practices,

Roberts (J. L. Manta, Inc.) and Herman Dewey would not serve the public interest in making whole Ross. Cases 12-CB-734,12-CB-743 Ross for loss of wages suffered by reason of December 11, 1967 ORDER AMENDING DECISION AND

ORDER

Acting in the interest of clarification and in discharge of its responsibility to fashion a remedy tailored to the facts of this case, the National Labor Relations Board reconsidered its Decision and Order of August 24, 19651 in the above-entitled proceeding. Upon reconsideration, the Board, on June 21, 1967, issued a notice to show cause (attached hereto) why the Decision and Order should not be amended by amending the Order to provide not only that Respondents be required to cease and desist from the discriminatory operation of its hiring hall, but to provide also that Respondents be required to make whole Herman Dewey Ross for loss of wages suffered by reason of such discriminatory operation of the hiring hall. On July 7, 1967,

Respondents filed with the Board their response to the notice to show cause. In their response,

Respondents concede that the Board has authority to modify its Order. They contend, however, that the proposed modification is improper on a number of grounds.

The Board has duly considered the objections raised by Respondents, and finds them to be without merit for the following reasons: In its Decision and Order, the Board affirmed the finding of the Trial ExaminerThe major offense with which the remedy must deal if its proper purpose is to be achieved is the pattern of continuing discrimination in the operation of the Union's hiring hall. The record clearly reveals a fixed determination by Business Agent Roberts, alone in charge of the hall, to disregard applicable statutory provisions and to persist in his illegal treatment of Ross through the device of the exclusive referral system.

To deal with this 'pattern of continuing discrimination,' the Board, adopting the recommendation of the Trial Examiner, ordered Respondents to cease and desist from discriminating against employees by discriminatory preferential hiring hall referral, to keep permanent records of the Union's hiring and referral operation, and to make such records available to agents of the Board for inspection. In the Board's judgement, enforcement of its Order, 1154 NLRB 671.

2 See for example Local 1566, International Longshoremen's Associanon (Philadelphia Marine Trade Association), 122 NLRB 967,980, enfd.

Respondents' discriminatory application of their referral procedures to him from the time of the hearing to the time it conformed its practices to that which the Board's Order requires and the law commands. In this respect, we believe the Order to be deficient in furthering the policies of the National Labor Relations Act, as amended, and we shall therefore modify it to conform to our general practice of requiring a respondent to make whole employees for loss of pay suffered by reason of its discrimination against them.2 We are satisfied that such a modification of the Trial Examiner's Recommended Order at the time the Board's original...

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