Unpublished Dispositionnational Labor Relations Board, Petitioner, v. Cite Rite Service, Inc., Respondent, 816 F.2d 681 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 816 F.2d 681 (6th Cir. 1987) April 22, 1987

Before MERRITT and NELSON, Circuit Judges; and CONTIE, Senior Circuit Judge.


JUDGMENT ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD

This cause was submitted upon the application of the National Labor Relations Board for summary entry of a judgment against Respondent, Cite Rite Service, Inc., Sterling Heights, Michigan, its officers, agents, successors, and assigns enforcing its order dated 10 September 1986, in Case No. 7-CA-24110, and the Court having considered the same, it is hereby

ORDERED AND ADJUDGED by the Court that the Respondent, Cite Rite Service, Inc., Sterling Heights, Michigan, its officers, agents, successors, and assigns, shall:

(a) Permanently laying off, refusing to allow to work, or otherwise discriminating against any employee because the employee complains that the Respondent is not abiding by the terms of a collective-bargaining agreement.

(b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.

2. Take the following affirmative action necessary to effectuate the policies of the Act.

(a) Offer Reginald Easley immediate and full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed, and make him whole for any loss of earnings or other benefits suffered as a result of the discrimination against him, in the manner set forth in the remedy section of the Board's decision.

(b) Remove from its files any reference to its unlawful permanent layoff of Easley and notify Easley in writing that this has been done and that the discharge will not be used against him in any way.

(c) Preserve and, on request, make available to the Board or its agents for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Judgment.

(d) Post at its facility in Sterling Heights, Michigan, copies of the attached notice marked "Appendix."1  Copies of the notice, on forms provided by the Regional Director for Region 7, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately upon receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material.

(e) Notify the Regional Director in writing within 20 days from the date of this Judgment what steps the Respondent has taken to comply.

APPENDIX

NOTICE TO EMPLOYEES

POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES COURT OF

APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR

RELATIONS BOARD

An Agency of the United States Government

The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice.

WE WILL NOT permanently layoff, refuse to schedule for work, or otherwise discriminate against any of you for complaining that we are not abiding by a collective-bargaining agreement.

WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act.

WE WILL offer Reginald Easley immediate and full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed and WE WILL make him whole for any loss of earnings and other benefits, less any net interim earnings, plus interest.

WE WILL notify him that we have removed from our files any reference to his permanent layoff and that the permanent layoff will not be used against him in any way.

CITE RITE SERVICE, INC.

(Employer)

Dated

by

(Representative)

(Title)

This is an official notice and must not be defaced by anyone.

This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Room 300, Detroit, Michigan 48226, Telephone 313--226--3244.

 1

If this Order is enforced by a Judgment of a United States court of appeals, the words in the notice reading "POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD" shall read "POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES COURT OF APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD."