NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,470, E & L PLASTICS CORP. and STEVEN D. ZIDEK and JOHN LAUT., (Sep. 09, 1994), National Labor Relations Board, (Sep 9, 1994)

E & L PLASTICS CORP. and STEVEN D. ZIDEK and JOHN LAUT.

314 NLRB No. 175.Case Nos. 30-CA-10725 and -10725(2). September 9, 1994 Richard A. Scully, Administrative Law Judge..

Before Stephens, Devaney and Cohen.

Paul Bosanac, for General Counsel. Donald J. Cairns and Gerald A. Einsohn, Milwaukee, Wisconsin, for Respondent.

Back Pay--Effort to Obtain Work--Acceptance of Less Skilled Job.--Because a discriminatee took the first job he was offered after having made an extensive search for a job comparable to his former one did not disqualify him from receiving back pay for the period of less-skilled employment. The employer failed to establish that the worker could have done better than he did, or that at any time he clearly and unjustifiably refused to take desirable new employment. Section 10(c).

Back reference: 5470.45.

Back Pay--Computation--Prospective Overtime.--An employer failed to show that a backpay specification’s calculation was incorrect as to the overtime that two claimants, milling machine operators, would have worked had they continued to be employed by the company. Because the employer did not produce records concerning its volume of business and the overtime worked by milling machine operators, the impression was created that the records did not support the company’s contention that business declined and that the claimants would not have worked 45 hours per week during the backpay period. Section 10(c).

Back reference: ¶5465.285.

Supplemental decision (back pay) following (1992) 305 NLRB No. 176, 1991-92 CCH NLRB ¶17,066.

From Text of Board’s Decision

The Board has considered the supplemental decision and the record in light of the exceptions [1] and briefs and has decided to affirm the judge’s rulings, findings, and conclusions and to adopt the recommended Order.