Genova Express Lines, Inc.

National Labor Relations Board - Board Decisions

Nov 28, 1980

253 N.L.R.B. 523 (N.L.R.B. 1980)

GENOVA EXPRESS LINES, INC.
Genova Express Lines, Inc., and Genova Transport,
Inc. and Teamsters Local 500, International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America. Cases 4-
CA-9257, 4-CA-9409, 4-CA-9413, 4-CA-
9667, and 4-RC-13165
November 28, 1980
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND ZIMMERMAN
On September 24, 1979, the National Labor Re-
lations Board issued its Decision, Order, and Certi-
fication of Representative' in the above-entitled
proceeding, finding that Respondents, had engaged
in unfair labor practices in violation of Section
8(a)(1) and (3) of the National Labor Relations
Act, as amended. Respondent Genova Express was
ordered to cease and desist from interrogating,
threatening, and discharging employees who en-
gaged in union activities, and to make whole cer-
tain discriminatees. Respondent Genova Transport
was ordered to cease and desist from threatening
and discharging employees who engaged in union
activities, and to offer reinstatement to and make
whole all unfair labor practice strikers upon their
unconditional application to return to work.
The Board applied to the United States Court of
Appeals for the Third Circuit for enforcement of
its Order on May 22, 1980. On September 8, 1980,
the Board moved sua sponte that the proceeding be
' 245 NLRB No. 28
remanded for the purpose of conforming the Order
to the violation found with regard to Respondent
Genova Transport. The court granted the motion
on October 6, 1980.
In its Decision the Board found that Genova
Transport had violated Section 8(a)(3) and (1) of
the Act by discharging three employees. However,
the Board inadvertently omitted from its Order the
provision requiring Respondent to offer reinstate-
ment to these employees contemplated by the
remedy section and reflected in the notice. We
shall modify the Order to correct this oversight.
ORDER
Pursuant to Section 10(c) of the Natinal Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby affirms its original Decision,
Order, and Certification of Representative (report-
ed at 245 NLRB No. 28), as modified below:
Substitute the following paragraph 2(a) as re-
gards Genova Transport, Inc.:
"(a) Offer Robert Feller, James Gatling, and
Arthur Keller immediate and full reinstatement to
their former jobs or, if those jobs no longer exist,
to substantially equivalent positions, without preju-
dice to their seniority or any other rights or privi-
leges previously enjoyed, and make them whole for
any loss of pay or any benefits they may have suf-
fered by reason of this Respondent's discrimination
against them, with interest thereon, to be computed
in the manner prescribed in F. W. Woolworth Com-
pany, 90 NLRB 289 (1950), and Florida Steel Corpo-
ration, 231 NLRB 651 (1977) (see, generally, Isis
Plumbing & Heating Co., 138 NLRB 716 (1962))."
253 NLRB No. 65
523