Efcor Die Casting Corp.

National Labor Relations Board - Board Decisions

Aug 10, 1977

231 N.L.R.B. 263 (N.L.R.B. 1977)

EFCOR DIE CASTING CORP.
Efcor Die Casting Corporation and International
Brotherhood of Electrical Workers, AFL-CIO,
Local Union 108
Efcor Die Casting Corporation and John B. Gifford, et
al., Petitioner and International Brotherhood of
Electrical Workers, AFLCIO, Local Union 108.
Cases 12-CA-7241 and 12-RD-347
August 10, 1977
ORDER WITHDRAWING CHARGE;
DIRECTION OF SECOND ELECTION
BY CHAIRMAN FANNING AND MEMBERS
PENELLO AND MURPHY
On April 19, 1977,1 Administrative Law Judge
James L. Rose issued his Decision in these consoli-
dated cases, finding that the Respondent had
violated Section 8(a)(1) of the Act and interfered
with the election held pursuant to a Stipulation for
Certification Upon Consent Election in Case 12-
RD-347. The Administrative Law Judge recom-
mended that Respondent take specific action to
remedy the unfair labor practices and that the
election be set aside and a new election conducted.
' The Administrative Law Judge inadvertently erred by dating his
Decision April 19, 1976.
2 In view of the agreement by Employer and Petitioner that a fair
On June 17, 1977, Petitioner, Charging Party, and
Respondent Employer filed a joint motion with the
Board stating that Respondent Employer agrees to
withdraw its motion to strike or reopen the record
and its statement of exceptions to the Administrative
Law Judge's Decision, Charging Party requests
permission to withdraw its charge, and all three
request that a new election be conducted in Case 12-
RD-347. Petitioner, Charging Party, and Respon-
dent Employer further agree that a fair election may
be held at this time.
On June 21, 1977, counsel for the General Counsel
filed his position regarding the joint motion stating
that he does not oppose approval by the Board.
Pursuant to the provisions of 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.
In the absence of any opposition thereto and as it
appears that such a judgment will effectuate the
policies and purposes of the Act, the motion is
hereby granted.
Therefore, it is hereby ordered that the complaint
be, and it hereby is, dismissed.
[Direction of Second Election 2 and Excelsior
footnote omitted publication.]
election may be held at the present time, we expect that the election will be
held as early as possible and within the maximum of 30 days usually allowed
from the date of decision to the date of direction for a first election.
231 NLRB No. 48
263