1943 - National Labor Relations Board

42 Eighth Annual Report of the National Labor Relations BoardThe kind of remedial relief granted by the Board in Section 8 (3)cases has also been affected in another way by present wartimeconditions. More and more frequently, evidence has been adduced inproceedings before the Board showing that discriminatorily dischargedemployees have, since their discharge, been inducted into the Nation'sarmed forces. Obviously, immediate reinstatement of such employeesis impossible. The Board has therefore modified its usual form oforder to require the employer to offer such employees full reinstatementto their former or substantially equivalent positions, withoutprejudice to their seniority and other rights and privileges, uponapplication by them within - 40 days after their discharge from thearmed forces. The employer is also ordered to reimburse any suchemployee by paying to him a sum of money equal to the amountwhich the latter normally would have earned as wages during theperiod from the date of his discriminatory discharge to the date ofhis induction into the armed forces, plus the amount which he wouldearn as wages during the period from a date 5 days after his timelyapplication for reinstatement to the date of the employer's offer ofreinstatement, less the employee's net earnings elsewhere duringthose periods. The Board has also made it clear that whateveramount of back pay is due to the discharged employee for the firstof these two periods must be paid to him by the employer immediately,even though a further amount may subsequently become due to thedischarged employee for the second of these two periods. w jn theseand other ways the Board is shaping its procedures and decisions tomeet the exigencies created by the war." Matter of The American Laundry Machinery Company, i5 N. L. R. B. 355.