NATIONAL LABOR RELATIONS BOARD

202 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
offered.° When, during such period, the employer's business is completely
shut down for business reasons,4 or as the result of a strike,5
no back pay accrues during the shut-down. But when -operations
continue during a strike employees previously discriminated against
are awarded back pay throughout the strike period.° If the employer
discriminatorily locks out employees back pay is awarded them for
the period of the lock-out whether or not' it resulted in complete
cessation of operations. 7 •
The Board has ordered that the sum of money to be paid shall include
the amount of a bonus which would normally have been earned; 8
the reasonable value of maintenance on shipboard, in the case of seafaring
employees normally provided such maintenance ; 9 and that
such sum may not be reduced by charging an employee who occupies
an employer-owned house for rent, water or electricity at rates higher
than those normally charged him by the employer. 1° Conversely,
amounts earned elsewhere during the period of discrimination are
excluded from the sum to be paid.11
5 In several cases in which placement upon a preferential list for employment when it
becomes available had been required as an alternative to an offer of immediate reinstatement,
back pay has been ordered computed to the date of such placement or offer (Matter
of Kuehne Manufacturing Company and Local No. 1791, United Brotherhood of Carpenters
and Joiners of America, 7 N. L. It. B. 304; Matter of Smith Wood Products, Inc., and
Plywood and Veneer Workers Local No. 2691, International 1Voodworkers of America, 7 N.
L. R. B. 950; Matter of Sunshine Mining Company and International Union of 'Hine,
Mill and Smelter Workers, 7 N. L. It. B. 1252; Matter of Jacob A. Hunkele, trading
as Tri-State Towel Service of the Independent Towel Supply Company and Local No. 40
United Laundry Workers Union, 7 N. L. R. B. 1276): When an employee who has
been discriminated against has found other employment and does not desire reinstatement,
back pay is ordered only to the date upon which the employee secured the employment
enjoyed by him at the time of the hearing (Matter of John Minder and Son, Inc. and
Butchers Union, Local No. 174, 6 N. L. R. B. 704; Matter of Union Die Casting Company
Ltd. a Corporation; Udico Collective Bargaining Union and International Union United
Automobile Workers of America, Local Np. 188, 7 N. L. R. B. 846).
'Matter of Stylecraft Leather Goods Company, Inc. and Benjamin Marsala, 3 N. L.
It. B. 920. In Matter of Leo L. Lowy, Individually, doing business as Tapered Roller
Bearing Corporation and International Association of Machinists, District No. 15, 3 N. L.
It. B. 938, and Matter of American Radiator Company, a Corporation, and Local Lodge No.
1770, Amalgamated Association of Iron, Steel and Tin Workers of Noith America, affiliated
with the Committee for Ind,ustrial Organization, 7 N. L. R. B. 1127, employers shut
their plants for valid business reasons shortly after having committed discriminatory practices.
Because it was impossible to determine at what date the plants would normally
have closed, no back pay was ordered.
5 Matter of Montgomery Ward and Company, Incorporated, a Corporation and United
Mail Order and Retail Workers of America, 4 N. L. It. B. 1151.
6 Matter of American Manufacturing Company; Company Union or the American Manufacturing
Company; the Collective Bargaining Committee of the Brooklyn Plant of the
American Manufacturing Company and Textile Workers' Organizing Committee, C. I. 0.,
5 N. L. It. B. 443.
7 See Matter of Regal Shirt Company and Amalgamated Clothing Workers of America,
4 N. L. R. B. 567; Matter of Zenite Metal Corporation and United Automobile Workers of
America, Local No. 442, 5 N. L. It. B. 509; Hatter of The Triplett Electrical Instrument
Company, The Diller Manufacturing Company, doing business under the firm name and
style of Readrite Meter Works and United Electrical and Radio Workers of America, Local
No. 714, 5 N. L. It. B. 835. Cf. Matter of Leo L. Lowy, Individually, doing business as
Tapered Roller Bearing Corporation and International Association of Machinists, District
No, 15;3 N. L. It. B. 938.
8 Matter of Central Truck Lines, Inc. and Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers of America, 3 N. L. R. B. 317.
0 Matter of Waterman Steamship Corporation and National Maritime Union of America,
Engine Division, Mobile Branch, Mobile, Alabama, 7 N. L. It. B. 237.
10 Matter of National Weaving Company, Inc., and Textile Workers Organizing Committee,
7 N. L. R. B. 916.
-4.- 11 Thus, the Board has excluded from the sum to be paid the reasonable value of board
" and lodgings received by an employee who, during the discrimination period had secured
employment as a domestic (Matter of The Grace Company and United Garment Workers
of America, Local No. 47, 7 N. L. R. B. 766). But home relief payments received during
such period are not deductible (Matter of Vegetable Oil Products Company, Inc., a
Corporation and Soap and Edible Oil Workers Union, Local No. 18409, 5 N. L. R. B. 52,
amending 1 N. L. R. B. 989), nor are amounts received from unions as relief payments, or
payments received from job insurance (Matter of Missouri-Arkansas Coach Lines, Inc.
and The Brotherhood of Railroad Trainmen, 7 N. L. It. B. 186).
Two recent Board decisions require brief consideration at this point. In Matter of
Crossett Lumber Company and United Brotherhood of Carpenters and Joiners of America,
Lumber and Sawmill Workers Union, Local 2590, 8 N. L. R. B., No. 51, the Board ordered
that to the extent that expenses incurred by employees in seeking employment elsewhere