Albany Steel

National Labor Relations Board - Board Decisions

Sep 12, 1994

314 N.L.R.B. 1096 (N.L.R.B. 1994)

1096
314 NLRB No. 193
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Albany Steel, Inc. and Shopmen’s Local Union No.
534 of the Bridge, Structural and Ornamental
Iron Workers. Case 3–CA–16327
September 12, 1994
SUPPLEMENTAL DECISION AND
DIRECTION OF ELECTION
BY CHAIRMAN GOULD AND MEMBERS STEPHENS
AND DEVANEY
On November 9, 1992, the National Labor Relations
Board issued an original Decision and Order in this
proceeding. Albany Steel, 309 NLRB 442. Subse-
quently, the Board filed a petition for enforcement of
its Order with the United States Court of Appeals for
the Second Circuit and the Respondent filed a cross-
petition for review. On February 24, 1994, the court
issued a decision which affirmed the Board’s finding
that the Respondent violated Section 8(a)(5) of the Act
by withdrawing recognition from the Union on April
1, 1991, without sufficient objective grounds for a
good-faith doubt of the Union’s majority status. The
court, however, stated that ‘‘where, as here, the em-
ployer has come forth with objective evidence that
there is a lack of union support on the part of a sub-
stantial number of employees, an election is war-
ranted.’’ Accordingly, the court conditioned enforce-
ment of the Board’s bargaining order on the Union’s
winning a Board election to be held within 90 days of
the court’s decision. NLRB v. Albany Steel, 17 F.3d
564.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Having accepted the court’s remand, we regard its
opinion as the law of the case. Pursuant to the court’s
instructions, we shall direct an election.
[Direction of Election omitted from publication.]