Albertsons, Inc.

National Labor Relations Board - Board Decisions

Aug 26, 1983

267 N.L.R.B. 483 (N.L.R.B. 1983)

ALBERTSONS, INC.
Albertsons, Inc. and United Food and Commercial
Workers International Union, AFL-CIO, Local
No. 7. Case 27-CA-5891
26 August 1983
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JENKINS AND ZIMMERMAN
On 29 September 1980 the National Labor Rela-
tions Board issued its Decision and Order in this
proceeding,' in which it adopted the Administra-
tive Law Judge's refusal to defer to an arbitration
award and found that Respondent had violated
Section 8(a)(1) of the Act by discharging employee
Jeri Smith on 16 February 1978 because she en-
gaged in concerted protected activity. Upon a peti-
tion for review and a cross-petition for enforce-
ment of the Board's Order, the United States Court
of Appeals for the Ninth Circuit reversed the
Board, finding that it failed to consider evidence
that Smith would have been discharged for incom-
petency, that there is substantial doubt that Smith's
' 252 NLRB 529, former Member Penello dissenting
alleged "union activity" was anything more than
pursuance of her own complaints, and that the
Board abused its discretion by not deferring to the
arbitrator's decision.2 The court remanded the case
to the Board for further consideration consistent
with its opinion.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board, having accepted the remand, accepts
the court's opinion as the law of the case. We shall
accordingly revoke our prior Decision and Order
in this case and dismiss the complaint in its entire-
ty.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that its prior Decision
and Order in this case be, and it hereby is, revoked
and the complaint be, and it hereby is, dismissed in
its entirety.
A l4bertson's. Inc. v. NLRB, 609 F.2d 312 (9th Cir 1982).
267 NLRB No. 79
483