National Labor Relations Board v. Dodson's Market, Inc., D/B/A Dodson Iga Foodliner

The issue in this case is the propriety of back pay awards made by the National Labor Relations Board to three employees of Dodson’s Market, Inc. ■ (Dodson’s). We enforce the Board’s supplemental order as it pertains to Wortley and Gerber and deny enforcement as to Assink.

In a prior proceeding, the Board found that Dodson’s had violated the National Labor Relations Act, 29 U.S.C. § 151 et seq., by reducing the hours of work of some of its employees in retaliation for their signing union representation cards. We granted enforcement of the order on the Board’s petition. 83 LRRM 2987, 71 LC ¶ 13,842 (9 Cir. 1973). Thereafter, in a supplemental proceeding, the Board made back pay awards to the three employees. Its decision is reported at 218 N.L.R.B. No. 191. The Board now petitions for enforcement of its awards.

I. Wortley’s Back Pay Award.

Dodson’s raises two defenses to the back pay award to Wortley. First, Dodson’s argues that its voluntary payment of back pay to two other employees relieves it from back pay liability to Wortley. Its argument is that if the two employees, who were senior to Wortley and had already received their back pay, had actually worked the hours for…