National Labor Relations Board v. International Association of Bridge, Structural and Reinforced Iron Workers Union, Local 378, Afl-Cio

An enforced order required the Union to make one Castor whole for losses suffered by him as a result of Union discrimination resulting in his discharge by Judson Steel Corporation (Judson). By supplemental order, 213 NLRB 72 (1974), the Board established the backpay period as May 8, 1970, to July 25, 1972, and determined that there would have been paid to Castor during that period the sum of $12,292.00 in wages and to the pension trust on his behalf the sum of $1,986.00. The Board petitions for the enforcement of the supplemental order.

The amounts due were determined by use of the “representative employee” formula, which was approved by the court in NLRB v. International Ass’n of Bridge, Structural and Ornamental Reinforced Iron Workers, Local 377 (9th Cir. No. 71-1824, judgment entered Aug. 15,1974), enf’g 208 NLRB 135 (1974). This case is referred to as the “Bet-tencourt case.” The method employed in Bettencourt, which the Board said was used in this case, was:

TR p. 12

The Union claims that the representative employee method should not have been used and that, in any event, it was arbitrarily used under the facts. The enforcing order issued by this court required…