95 N.L.R.B. 1023 (N.L.R.B. 1951)

Crowley's Milk Co., Inc.

National Labor Relations Board - Board DecisionsAug 8, 1951

95 N.L.R.B. 1023 (N.L.R.B. 1951)

CROWLEY'S MILK 'COMPANY, INC. 1023 CROWLEY'S MILK COMPANY, INC. (PATERSON DIVISION) and MILK DRIVERS AND DAIRY EMPLOYEES LOCAL UNION NUMBER 680, INTER- NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE- MEN AND HELPERS OF AMERICA, A. F. OF L. and UNITED DAIRY WORKERS ASSOCIATION, PARTY TO TIIE CONTRACT. Case No. 2-CA- 327. August 8,1951 Order Remanding Case On March 13, 1950, the Board issued its Decision and Order in, the above-entitled proceeding,' finding in 'part that the Respondent had violated Section.8 (a) (1) and (2) of the Act, and that the strike at the Respondent's plant became an unfair labor practice strike on May 11, 1948. Accordingly, the Board ordered in part that the Respondent cease and desist from the unfair labor practices found and reinstate the strikers upon 'application, if necessary dismissing all replacements hired on or after May 11, 1948. The Board also reserved the right to modify the reinstatement provisions if necessary. The Board has been advised that the Respondent has refused to reinstate the strikers upon application, on the grounds that they for- feited any right to reinstatement by their actions during the strike, and that in any event all the strikers were permanently replaced before May 11. The Board has again reviewed the entire record, and believes that the question of the reinstatement rights. of the strikers may not have been developed fully at the hearing, because no applica- tion had then been made and the Trial Examiner there stated that reinstatement was not in issue. Accordingly, this case shall be re- manded to the Division of Trial Examiners to afford the parties an opportunity to adduce further relevant testimony concerning the strikers' rights to reinstatement. Order IT IS HEREBY ORDERED that the above-entitled case be, and it hereby is, remanded to the Division of Trial Examiners with directions : (1) To reopen the record to permit the Respondent and the other parties an opportunity to adduce relevant testimony concerning the strikers' rights to reinstatement. (2) To prepare and issue an appropriate Supplementary Inter- mediate Report. Dated at Washington, D. C. By direction of the Board : FRANK M. KLEILER, Executive Secretary. 188 NLRB 1049. 95 NLRB No. 126.