August 10, 1970
NATIONAL LABOR RELATIONS BOARD, PETITIONER
CHEF NATHAN SEZ EAT HERE, INC., RESPONDENT. LOCAL 50, AMERICAN BAKERY AND CONFECTIONERY WORKERS UNION, AFL-CIO, INTERVENOR
Before FREEDMAN, SEITZ and VAN DUSEN, Circuit Judges.
FREEDMAN, C.J.: This cause was submitted to this Court upon an application of the National Labor Relations Board to enforce its order dated February 16, 1970, directed against the above-named Respondent, its officers, agents, successors and assigns. The proceeding resulting in such order is known upon the records of the Board as Case No. 22-CA-3800. Thereafter, the Intervenor filed a motion for summary enforcement, pursuant to Section 10(e) of the National Labor Relations Act, of those portions of the Board's order directing Respondent to offer reinstatement to employees John Fabbiani, Luis Leon, Hector Melendez and William Melendez, which the Board adopted in the absence of exceptions by Respondent to the Decision and Recommended Order of the Trial Examiner. Upon consideration of the said motion and Respondent's opposition, and after hearing, said motion was granted by this Court on June 12, 1970. Accordingly, it is hereby Ordered and Adjudged by the Court that the Respondent, Chef Nathan Sez Eat Here, Inc., its officers, agents, successors and assigns shall:
1. Offer to John Fabbiani immediate and full reinstatement to his former position, or to a position substantially equivalent to that which he held immediately prior to April 29, 1969, without prejudice to his seniority and other privileges.
2. Offer to Luis Leon, Hector Melendez, and William Melendez immediate and full reinstatement to their former positions, or to positions substantially equivalent to those which they held immediately prior to May 9, 1969, without prejudice to their seniority and other privileges.
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