January 2011 - National Labor Relations Board

10170PATTERN FOR FORMAL SETTLEMENT STIPULATION IN CB, CC, CD, AND CE CASES[8(b)(2)](a) Notify ABC Company, in writing, that it has withdrawnits objections to the said Company’s employment of JoeDoaks and now requests the Company to reinstate JoeDoaks. Notify Joe Doaks, in writing, that it has so informedABC Company.(b) Make whole Joe Doaks for any loss of pay suffered byreason of the [alleged] discrimination against him bypayment to him of the amount of $____________.(c) Make whole Joe Doaks for any additional loss of paycaused by the failure of the Respondent, within 14 daysfrom the date of this Order, (1) to notify ABC Company inwriting that it has withdrawn its objections to saidCompany’s employment of the said Joe Doaks and requeststhe Company to reinstate him or (2) to notify Joe Doaks, inwriting, that it has so informed ABC Company; by paymentto the said Joe Doaks of the amount that he would haveearned if reinstated by ABC Company, from the 15th dayafter the date of this Order to the date of the giving of thesaid notices by the Respondent to ABC Company and to thesaid Joe Doaks, less his net earnings during such period,said amounts to be computed on a quarterly basis.[NOTE: If the Union has withdrawn its objection and/or the discriminatee has beenreinstated or paid, the language should be modified accordingly. In addition, thelanguage should also be modified to reflect the Union’s continuing backpay obligation ifit is anticipated the Employer will not reinstate the discriminatee upon the Union’srequest.]Revised 12/09