Custom Recovery, Division of Keystone Resources

National Labor Relations Board - Board Decisions

Sep 27, 1979

245 N.L.R.B. 512 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Custom Recovery, Division of Keystone Resources,
Inc. and United Steelworkers of America, AFL-
CIO-CLC, Petitioner. Case 10-RC- 10569
September 27, 1979
SUPPLEMENTAL DECISION, ORDER, AND
CERTIFICATION OF RESULTS
BY CHAIRMAN FANNING AND MEMBERS PENELLO
AND TRUESDALE
Pursuant to a Decision and Direction of Election,
an election was conducted in this proceeding on
March 19, 1976.' On June 16, 1977, the Board set
aside the election because of preelection conduct by
the Employer found to constitute unfair labor prac-
tices in Case 10-CA-11825, a consolidated case.2
Subsequently, the United States Court of Appeals for
the Fifth Circuit denied enforcement of the Board's
Order in Case 10-CA-11825.3 Thereafter, the Em-
ployer filed a motion to vacate decision and to certify
results of election.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
I The tally of ballots showed that 33 ballots were cast for, and 37 ballots
were cast against, the Petitioner. There remain two unresolved challeged
ballots, a number insufficient to affect the results.
2 230 NLRB 247 (1977).
3 Custom Recovery, Division of Keystone Resources, Inc. v. N.L.R.B., 597
F.2d 1041 (5th Cir. 1979).
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
In denying enforcement of the Board's Order in
Case 10-CA-11825, the court found, contrary to the
Board, that the Employer neither interrogated an em-
ployee nor unlawfully threatened to discharge him for
engaging in union activity during worktime. Since the
court found that the Employer's conduct did not vio-
lated the Act, and that was the basis upon which the
Employer was alleged and found by the Board to
have interfered with the holding of a fair election, we
shall vacate our Direction of Second Election and
certify the results of the election conducted on March
19, 1976.
ORDER
It is hereby ordered that Case 10-RC-10569 be,
and it hereby is, severed from Case 10-CA-1 185 and
that the Direction of Second Election in 230 NLRB
247 (1977) be, and it hereby is, vacated.
CERTIFICATON OR RESULTS OF ELECTION
It is hereby certified that a majority of the valid
ballots have not been cast for United Steelworkers of
America, AFL-CIO-CLC, and that said labor or-
ganization 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 Rela-
tions Act, as amended.
245 NLRB No. 72
512