Andrew G. Grutka Bishop of Gary Indiana

National Labor Relations Board - Board Decisions

Jun 25, 1979

243 N.L.R.B. 7 (N.L.R.B. 1979)

AN[)REW (;. (RUTKA. BISHOP Of- GARY. INDIANA
Andrew G. Grutka, Bishop of the Roman Catholic
Diocese of Gary, Indiana and Robert A. Madsen.
Andrew G. Grutka, Bishop of the Roman Catholic
Diocese of Gary, Indiana and Lay Teachers Feder-
ation of the Gary Diocese, Local 3493. American
Federation of Teachers, Petitioner. Cases 13 CA
15445 and 13-RC-13855
June 25. 1979
SUPPLEMENTAL DECISION AND ORDER
On September 29, 1978. the National Labor Rela-
tions Board issued a Decision and Order in the
above-entitled proceeding' in which the Board
adopted the findings and conclusions of the Adminis-
trative Law Judge as contained in his Decision dated
January 10. 1978, and ordered that Respondent take
the action set forth in the recommended Order of the
Administrative Law Judge. The Board further or-
dered that the election conducted on October 7, 1976.
be set aside and the proceeding remanded to the Re-
gional Director for Region 13 for the purpose of
scheduling and conducting a second election. In his
Decision, the Administrative Law Judge concluded.
inter alia, that the Board had jurisdiction over lay
teachers in Respondent's parochial schools. In its de-
cision, the Board noted that the Supreme Court had
granted its petition for certiorari in The Catholic
Bishop of Chicago v. N.L.R.B.,2 and stated that it
would continue to adhere to its decision in that case
' 238 NLRB 1643.
2 559 F.2d 1112 (7th Cir. 1977). denying enforcement of 224 NLRB 1221
(1976).
until such time as the Supreme Court might deter-
mine the issue. Subsequently on March 21. 1979. the
Supreme Court issued its opinions in which it af-
firmed the court of appeals' ruling denying enforce-
ment to the Board's Order in that case.
Thereafter. on April 13. 1979. the Board filed with
the United States Court of Appeals for the Seventh
Circuit a motion to withdraw the record in the instant
proceeding pending reconsideration bh the Board. On
April 17. 1979. the court of appeals granted the
Board's motion and returned the record in this pro-
ceeding to the Board for reconsideration in light of
the Supreme Court's decision in .L..R.R. v. The
Catholic Bisho o (hicago, supra.
In its opinion in that case, involving a petition for a
unit of lay teachers in church-operated secondary
schools, the Supreme Court considered the issue in-
volved herein and held that the Board did not have
jurisdiction. Upon reconsideration of our prior Deci-
sion herein, we conclude that our assertion of jurisdic-
tion over Respondent cannot stand because it is con-
trary to that holding of the Supreme Court.
Accordingly. we shall dismiss the complaint in its en-
tirety and shall dismiss the representation petition
herein.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the complaint herein
be. and it hereby is, dismissed in its entiret.
Ir is t-URiliiR RI)tRIFI) that the petition filed in
Case 13-RC 13855 he. and it hereby is, dismissed.
V N L R B v The ( h,hl Bih,q ,1 ( h-ag,, 440() S 490 (1979).
243 NLRB No. 2