General Engineering, Inc., and Harvey Aluminum (Incorporated) v. National Labor Relations Board

General Engineering, Inc. and Harvey Aluminum (Incorporated) petition for review of the supplemental decision and order of the National Labor Relations Board issued on June 29, 1964. The Board cross petitions for enforcement.

The petition to review the initial Board decision and order and cross-petition to enforce were before this court in General Engineering, Inc. v. N.L.R.B., 9 Cir., 311 F.2d 570 . Pursuant to that decision this court entered a decree enforcing in part the Board’s initial order. The Board, however, was directed to hold further proceedings for the purpose of determining whether employee Lloyd K. Fowler had been restored to his former or a substantially equivalent position and fixing the amount of back pay, if any, due him.

Following the remand for this purpose, the Board’s trial examiner held further proceedings including a hearing at which evidence was received. The trial examiner then issued a supplemental decision holding that Fowler had not been reinstated, and ordering that he be reinstated with back pay. On review, the Board entered a supplemental decision adopting the findings, conclusions and recommendations of the trial examiner, with one modification…