National Labor Relations Bd. v. Moss Planing Mill Co., 6605.
| Decision Date | 18 June 1958 |
| Docket Number | No. 6605.,6605. |
| Citation | 256 F.2d 653 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MOSS PLANING MILL CO., Respondent. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Robert E. Manuel, Attorney, National Labor Relations Board, Washington, D. C. (Jerome D. Fenton, General Counsel, Thomas J. McDermott, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Frederick U. Reel, Attorney, National Labor Relations Board, Washington, D. C., on brief), for petitioner.
Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.
For the fourth time this case is before the court. On the first petition of the National Labor Relations Board, in 1953, we ordered enforcement, and the case was remanded for computation of back pay for the two employees, Wynne and Fulcher, who had been illegally discharged in 1951. 206 F.2d 557.
After further proceedings the Board computed the wages lost by Wynne and Fulcher as a result of the discrimination at the sum of $3,710.29 and $2,184.42, respectively. The matter came before us a second time in 1955 at the instance of the employer. We upheld its contention that the Board erred as a matter of law in failing to deduct the amount Wynne received under the North Carolina Workmen's Compensation Act for physical injuries inflicted by an official of the employer company at the time of his discharge. We further directed the Board to make specific findings as to whether the two men could have realized greater interim earnings between discharge and reinstatement if they had been willing to accept agricultural or other work, instead of unduly confining their search for employment. The case was remanded for these corrections. 224 F.2d 702.
The Board then recomputed the back pay in accordance with its understanding of the Court's order. It charged the men with agricultural earnings they could have made during the back pay period. It arrived at an award of $2,572.37, about $1,200 less than the previous award, to Wynne; and it awarded $1,839.31, about $300 less than the earlier award, to Fulcher.
Again the employer appealed, this time on the ground that the Board had failed to afford it an opportunity to be heard with respect to the matters involved. This Court, considering the case for the third time, vacated the Board's order. We remanded the case and directed the Board to afford the employer a hearing, with the right to either side...
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...of the status quo ante. See Moss Planing Mill Co., 110 NLRB 933, 935, enforced as modified on other grounds, NLRB v. Moss Planing Mill Co., 4 Cir., 1958, 256 F.2d 653, 654. In that case there was included in back pay an amount representing clothing given gratuitously as Christmas gifts. The......
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