National Labor Relations Board v. Carpenters Union, Local 180

This case is before us upon petition of the National Labor Relations Board to enforce its Supplemental Decision and Order directing respondent Carpenters Union, Local 180, to pay $1,540 to Paul Allen. The award grows out of a back-pay specification and hearing following the entry of a consent decree in this court directing respondent to make Paul Allen whole for wages lost as a result of the union’s unfair labor practice. The Board’s supplemental decision is reported at 175 N.L.R.B. No. 150.

The consent decree established that, on August 31, 1965, respondent wrongfully dispatched one Arthur Cook to a construction project in place of Paul Allen. At the backpay hearing, the General Counsel produced evidence showing that Cook became the senior millwright on the project, and that there was at least one millwright on the project until June 3, 1966. The evidence also indicated that Cook worked on the project through October 8, 1965. No evidence was introduced, however, to show why Cook left work or to show that the contractor did not follow a seniority system in determining layoffs.

The Board held that Paul Allen was entitled to an award based upon the pay he would have received from…