NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,552, SWIFT INDEPENDENT PACKING COMPANY and UNITED FOOD AND COMMERICAL WORKERS INTERNATIONAL UNION, AFL-CIO., (Dec. 16, 1994), National Labor Relations Board, (Dec 16, 1994)

SWIFT INDEPENDENT PACKING COMPANY and UNITED FOOD AND COMMERICAL WORKERS INTERNATIONAL UNION, AFL-CIO.

315 NLRB No. 109.Case No. 13-CA-21156-SS. December 16, 1994 Joel A. Harmatz, Administrative Law Judge..

Before Gould, Stephens, Devaney and Browning.

Linda McCormick, for General Counsel. William H. Bruckner, Charles E. Sykes, Judith Sadler (Bruckner & Sykes), Houston, Texas, for Respondent.

Board Review--Settlement Agreements--Lack of Pension Liability.--Although an employer entered into a settlement agreement with the NLRB that required it to provide back pay to employees who were unlawfully denied a job transfer, the employer was not also responsible under the agreement for providing the employees with pension credits. The claim for pension credits was at odds with a reasonable interpretation of the intentions underlying the settlement, and the parties’ use of the term “back pay” in the agreement supplanted the previous Board “make-whole” order because the two terms were not synonymous. Section 10(c).

Back reference: ¶5600.208.

From Text of Board’s Decision

The Board [1] has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, [2] and conclusions and to adopt the recommended Order.