Greyhound Taxi Co., Inc.

National Labor Relations Board - Board Decisions

May 23, 1986

279 N.L.R.B. 1080 (N.L.R.B. 1986)

1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Greyhound Taxi Co., Inc. and Robert J. Sans and
Harold L. Wakefield . Cases 20-CA-10868, 20-
CA-12909, 20-CA- 10892, and 20-CA- 11154
23 May 1986
SECOND SUPPLEMENTAL DECISION
AND ORDER
By CHAIRMAN DOTSON AND MEMBERS
DENNIS AND STEPHENS.
On 27 February 1985 the National Labor Rela-
tions Board issued a Supplemental Decision and
Order in the above-entitled proceeding' adopting
the recommended Order of Administrative Law
Judge William L. Schmidt about the backpay due
discrimmatee Robert J. Sans, but modifying the
recommended Order concerning discriminatee
Harold L. Wakefield to limit his backpay to the
period of his minor physical injuries, excluding a
period of psychological disability that followed his
physical recovery. Thereafter, Wakefield filed a pe-
tition with the United States Court of Appeals for
the Ninth Circuit for review of the Board's Supple-
mental Order as it applied to him. On 9 January
1986 the court held that Wakefield was entitled to
' 274 NLRB 459 ( 1985), Member Dennis dissenting
backpay for the entire period of his psychological
disability, which the court found was caused by the
Respondent's unlawful conduct. The court remand-
ed the matter of Wakefield's backpay to the Board
for reassessment in light of the court's finding.
The Board, having accepted the remand, has del-
egated its authority in this proceeding to a three-
member panel.
We note that the Respondent did not except to
the judge's computation of Wakefield's backpay; it
simply challenged the judge's finding that Wake-
field incurred no willful loss of earnings during his
psychological disability and his conclusion that the
Respondent was responsible for that disability and
for backpay during that period. In light of the
court's findings, which we adopt as the law of the
case, we shall therefore adopt the judge's computa-
tion of Wakefield's backpay.
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge in the supplemental proceeding and orders
that the Respondent, Greyhound Taxi Co., Inc.,
Sacramento, California, its officers, agents, succes-
sors, and assigns, shall take the action set forth in
the judge's recommended Order in 274 NLRB 459.
279 NLRB No. 144