Boyer Ford Trucks, Inc.

National Labor Relations Board - Board Decisions

Aug 27, 1985

276 N.L.R.B. 11 (N.L.R.B. 1985)

BOYER FORD TRUCKS
Boyer Ford Trucks , Inc and Professional Truck
Salespersons Association Case 18-CA-6508
27 August 1985
SECOND SUPPLEMENTAL DECISION
AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 12 June 1984 the National Labor Relations
Board issued a Supplemental Decision and Order in
the above entitled proceeding, in which it found
that the Respondent was obligated to make whole
truck salesman Joseph E Chesla by the payment of
$80,385 as net backpay for the penod from 26 No
vember 1979, when he was unlawfully discharged,
through 31 December 1981 1 Thereafter, the Re
spondent petitioned the United States Court of Ap-
peals for the Eighth Circuit for review of the
Board 's Supplemental Decision and Order, and the
Board cross applied for enforcement of its Order
On 25 March 1985 the court issued its opinion2 af-
firming the Board s formula for the calculation of
Chesla s backpay, but remanded the proceeding to
the Board for recalculation of the backpay in
accord with its finding that the Respondents offer
of reinstatement made to Chesla at the time of the
unfair labor practice hearing on 1 July 1980 unlaw
fully tolled the time period for which backpay
should be caculated
The Board accepted the remand and, on 17 May
1985, advised the parties that it would take appro
pnate action consistent with the court' s remand
i 270 NLRB 1133 (1984) The Board had in the underlying unfair
labor practice proceeding (254 NLRB 1389 ( 1981)) found that Chesla
was discharged in violation of Sec 8(aX3) and (1) of the Act because of
his union activities The United States Court of Appeals for the Eighth
Circuit enforced the Board s Decision and Order in this earlier proceed
mg by a consent judgment dated 26 August 1981
2 757 F 2d 961 (8th Cir 1985)
11
The National Labor Relations Board has delegat
ed its authority in this proceeding to a three
member panel
Calculating the backpay in accord with the
court's determination, which is the law of the case,
we fmd that Chesla is entitled to the following net
backpay, plus interest, through 1 July 1980
Qtr
Gross
Backpay
Net
Intenm
Earnings
Net
Backpay
1980-1 $8 306 $ 598 $7 708
1980-11 9 529 2 493 7 036
$14 744
In addition, Chesla is entitled to the following
fringe benefits, as more fully set forth in the Sup
plemental Decision and Order $92 in health msur
ance premium reimbursement for December 1979
and the first quarter of 1980, pension contributions
of $357, consisting of an amount equal to 2 percent
of Chesla's commissions for the first half of 1980
No profit sharing contributions were made by the
Respondent on behalf of any employee in 1980
Thus, the grand total due Chesla is $15,193 plus in
terest
ORDER
The National Labor Relations Board orders that
the Respondent, Boyer Ford Trucks, Inc, Mmne
apohs, Minnesota, its officers, agents, successors,
and assigns , shall satisfy its obligation to make
whole Joseph E Chesla by the payment of the
amount of $15,193 as net backpay The foregoing
amount shall be paid plus interest thereon accrued
to the date of payment, computed in the manner
prescribed in Florida Steel Corp, 231 NLRB 651
(1977),$ minus any tax withholding required by
Federal or state laws
a See generally Ins Plumbing Co 138 NLRB 716 (1962)
276 NLRB No 3