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ROCHELLE KENTOV, Regional Director of the Twelfth Region of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, vs. POINT BLANK BODY ARMOR, INC., and NDL PRODUCTS, INC., a Single Employer, Respondent

ORDER MODIFYING ORDER OF JANUARY 30, 2003

KENNETH MARRA, District Judge

THIS CAUSE is before the Court upon Respondent's Request for Clarification [filed February 3, 2003]. The Court has carefully considered the motion and is otherwise fully advised in the premises.

Respondent seeks clarification of this Court's January 30, 2003 order regarding the timing of reinstatement of striking workers. Since the request merits an immediate decision given the rapidly approaching deadline set by the Court for reinstatement, the Court issues this ruling without the benefit of Petitioner's response to the motion.

The Court reminds Respondent's counsel of the requirement of Local Rule 7.1.A.3 of this Court that counsel must confer with opposing counsel prior to filing most motions in a civil case.

Accordingly, it is ORDERED AND ADJUDGED that Respondent's Request for Clarification [filed February 3, 2003] is hereby GRANTED. The Court's Final Judgment of January 30, 2003 is hereby modified in that: 1) striking workers who make unconditional offers to return to work shall be reinstated within 5 business days of the workers, or the Union on the workers' behalf, making such unconditional offer; and 2) to be eligible for reinstatement, the unconditional offer must be made by February 7, 2003.

In other words, reinstatement need not take place by February 7, 2003, but must take place within 5 business days of the making of the unconditional offer to return to work.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida

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KENTOV v. POINT BLANK BODY ARMOR, INC. (S.D.Fla. 2003)
(Feb 3, 2003)