Banner Bedding, Inc.

National Labor Relations Board - Board Decisions

Jun 6, 1977

229 N.L.R.B. 1227 (N.L.R.B. 1977)

BANNER BEDDING, INC.
Banner Bedding, Inc. and United Furniture Workers
of America, Local 1010, AFL-CIO. Cases 31-CA-
4962 and 31-RC-2788
June 6, 1977
DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
BY MEMBERS JENKINS, PENELLO, AND
WALTHER
On June 10, 1975, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding' in which it found that the
Respondent had engaged in and was engaging in
certain unfair labor practices in violation of Sections
8(a)(l) and (5) and 2(6) and (7) of the National
Labor Relations Act, as amended, and ordered the
Respondent to cease and desist therefrom and to
take certain affirmative action to remedy such unfair
labor practices.
Thereafter, on September 8, 1975, the Board filed
an application with the United States Court of
Appeals for the Ninth Circuit for enforcement of its
Order. On January 12 and March 10, 1977, respec-
tively, the court denied the application for enforce-
ment, holding that the excluded employee was
entitled to vote and to have his ballot counted and
1 218 NLRB 361.
2 Inasmuch as the revised tally established that the Union does not
represent a majority of employees for purposes of collective bargaining, the
remanded the case to the Board for proceedings
consistent therewith.
Pursuant to the provisions of the Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
On March 31, 1977, the Board issued an order
remanding proceeding to the Regional Director for
Region 31 for the purpose of (1) opening and
counting the ballot of employee Mark Hart upon
notice to the parties, and (2) preparing and serving
on the parties a revised tally of ballots; and
thereafter, transferring to the Board the instant
proceeding with the revised tally for entry of the
appropriate order as directed by the court. On April
18, 1977, the Board received the revised tally of
ballots which shows that a majority of the valid
ballots have not been cast for United Furniture
Workers of America, Local 1010, AFL-CIO.2
CERTIFICATION OF RESULTS OF
ELECTION
It is hereby certified that a majority of the valid
ballots have not been cast for United Furniture
Workers of America, Local 1010, AFL-CIO, and
that said labor organization is not the exclusive
representative of all the employees, in the unit herein
involved, within the meaning of Section 9(a) of the
National Labor Relations Act, as amended.
Board's pnor certification of the Union and its Decision and Order (218
NLRB 361) is superseded and rendered null and void.
229 NLRB No. 124
1227