Economics Laboratory, Inc

National Labor Relations Board - Board Decisions

Apr 14, 1989

293 N.L.R.B. 668 (N.L.R.B. 1989)

668 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Economics Laboratory , Inc and Highway and Local
Motor Freight Drivers , Dockmen & Helpers,
Local Union No 701 a/w International Broth-
erhood of Teamsters , Chauffeurs , Warehouse-
men & Helpers of America , AFL-CIO I Case
22-CA-15086
April 14, 1989
SUPPLEMENTAL DECISION AND
ORDER AND CERTIFICATION OF
RESULTS OF ELECTION
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND DEVANEY
On October 13, 1987, the National Labor Rela-
tions Board issued a Decision and Order2 in the
above-entitled proceeding in which it granted the
General Counsel's Motion for Summary Judgment,
found that the Respondent had violated Section
8(a)(1) and (5) of the National Labor Relations
Act, and ordered the Respondent to cease and
desist from its unlawful conduct and take certain
affirmative action to remedy the unfair labor prac-
tices Thereafter, the General Counsel filed an ap-
plication for enforcement of the Board's Order
with the United States Court of Appeals for the
Third Circuit
On September 27, 1988, the court denied the
Board's application for enforcement 3 In denying
enforcement, the court found that in the underlying
representation proceeding , the Acting Regional Di-
rector had been presented with "abundant" and
"overwhelming" evidence that the employment of
the four individuals who were on long-term disabil-
ity and whose eligibility to vote in the underlying
representation election was at issue had been termi-
nated Accordingly, the court found, contrary to
the Board, that the Acting Regional Director's de-
' On November 1 1987 the Teamsters International Union was read
mitted to the AFL-CIO Accordingly the caption has been amended to
reflect that change
2 286 NLRB No 66 (unpublished)
3 857 F 2d 931 (3d Cir 1988)
termination that these four individuals were eligible
to vote was arbitrary and capricious
The National Labor Relations Board has delegat
ed its authority in this proceeding to a three-
member panel
Having accepted the court's decision, and apply-
ing the court's decision as the law of the case, we
shall vacate our Decision and Order in Case 22-
CA-15086 and dismiss the complaint We shall
reopen the underlying representation proceeding in
Case 22-RD-859, revoke the Certification of Rep-
resentative issued in that proceeding, and issue a
certification of results of election 4
ORDER
IT IS ORDERED that the Decision and Order
issued October 13, 1987, in Case 22-CA-15086 is
vacated and that the complaint is dismissed
IT IS FURTHER ORDERED that Case 22-RD-859 is
reopened, and that the Certification of Representa-
tive issued to the Union on June 3, 1987, in that
proceeding is revoked
CERTIFICATION OF RESULTS OF
ELECTION
IT IS CERTIFIED that a majority of the valid bal-
lots have not been cast for Highway and Local
Motor Freight Drivers, Dockmen & Helpers,
Local Union No 701 a/w International Brother
hood of Teamsters , Chauffeurs , Warehousemen &
Helpers of America , AFL-CIO, and that it is not
the exclusive representative of these bargaining
unit employees
* The original tally of ballots showed 50 for and 50 against the Union
with 4 determinative challenged ballots cast by the individuals on long
term disability at issue here Following the Acting Regional Directors
overruling of the four challenged ballots a Certification of Representa
tive was issued based on the revised tally of 54 for and 50 against the
Union Given the court s finding that the four individuals were ineligible
to vote in the election we sustain the challenges to their ballots Because
the resulting tally of 50 for and 50 against the Union shows that the
Union failed to receive a majority we shall issue a certification of results
of election
293 NLRB No 84