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National Labor Relations Board v. W. C. McQuaide Inc.

decided: March 25, 1980.

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
W. C. MCQUAIDE, INC., RESPONDENT



ON APPLICATION FOR ENFORCEMENT OF ORDERS OF THE NATIONAL LABOR RELATIONS BOARD (Board Nos. 6-CA-7509 & 6-CA-7770)

Before Hunter, Van Dusen and Sloviter, Circuit Judges.

Author: Van Dusen

Opinion OF THE COURT

The National Labor Relations Board, pursuant to § 10(e) of the National Labor Relations Act, as amended, 29 U.S.C. § 151, et seq., petitions for enforcement of its orders issued against W. C. McQuaide, Inc.*fn1 This is the second time this matter has come before this court. In our first opinion*fn2 we enforced the Board's order in part and remanded for further proceedings concerning the reinstatement rights of 19 dockworkers who had been replaced during the strike. On remand the General Counsel only sought relief for 11*fn3 of the 19 dockworkers. The Board issued orders granting relief to all 11 dockworkers. We will enforce the orders.

I.

The underlying facts of the case were clearly set forth in the original opinion, 552 F.2d at 523-525:

"W. C. McQuaide, Inc. (Company) is a family-held corporation which operates a trucking business from its terminal at Johnstown, Pennsylvania. Before the commencement of the strike, the Company employed approximately 300 employees. On April 1, 1974, the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America Local 110 (the Union) served on the Company a letter in which it claimed to represent a majority of the drivers and warehousemen. When the Company refused recognition, the Union filed a representation petition with the Board seeking an election. On April 17, 1974, between 120-150 employees struck. The strikers picketed the various entrances to the McQuaide terminal and utilized roving pickets at delivery points. The purpose of the strike was to obtain recognition of the Union, to get a prompt election, and to secure improvements in wages and working conditions.

"The strike continued and the Company transferred ten employees from other departments to the dock and hired fourteen new employees. On May 17, 1974, nineteen striking dockworkers were notified that they had been permanently replaced. . . .

"On August 8, 1974, the Company, the Union and their attorneys met at a hearing before the Pennsylvania Unemployment Compensation Board of Review. The Company's attorney, Stephen Cabot, stated that the Company was "ready, willing and able' to take back any employee who wanted to come back. The statement was made privately to Union President Adams as well as in response to the Referee's questions. On the same date, the Union sent a letter to the Company stating that the strikers were "unconditionally ready, willing and able to return to work immediately.' The Union terminated all pickets except those at the main entrance to the terminal.

"Upon receipt of the Union's letter on August 12, 1974, Company President L. McQuaide sent the following letter to a large number of employees:

"Today, for the first time, I have received information which leads me to believe that you may be willing to return to work unconditionally, and to do so at once.

"If you desire to return to work unconditionally, please notify me of your:

"1. Intention to return to work, and

"2. The earliest available date you can return to work.

"If you want your previous job which is available, contact me as soon as possible.'

"On August 15, 1974, L. M. McQuaide wrote two additional letters to employees. To the dockworkers who had received ...


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