Eskimo Radiator Mfg., Co.

National Labor Relations Board - Board Decisions

Aug 6, 1979

243 N.L.R.B. 1127 (N.L.R.B. 1979)

ESKIMO RADIATOR MFG. CO.
Eskimo Radiator Mfg. Co. and Miscellaneous Ware-
housemen, Drivers & Helpers, Local 986, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Ware-
houseinen & Helpers of America. Case 21-CA-
16731
[The Board's Decision and Order in the above-cap-
tioned proceeding, which issued on August 6, 1979,
has been omitted from publication pursuant to the
following Order Granting Motion and Dismissing
Complaint, which issued on January 31, 1980.]
ORDER GRANTING MOTION AND
DISMISSING COMPLAINT
On August 6, 1979, the National Labor Relations
Board issued a Decision and Order in the above-enti-
tled proceeding.' Subsequently, on October 12, 1979,
the General Counsel filed an application for enforce-
ment of the Board's Order with the United States
Court of Appeals for the Ninth Circuit.
Thereafter, on January 28, 1980, the parties filed
with the Board a joint motion requesting the approval
of withdrawal of the charge and an order dismissing
the complaint. They advise that on November 28,
1979, the Charging Party, by letter to the Region,
disclaimed interest in representing employees of Re-
'243 NLRB No. 166.
spondent; and on December 4, 1979, the Charging
Party requested withdrawal of the instant charge. In
light of the Charging Party's disclaimer of interest in
representing Respondent's employees, the General
Counsel moved to withdraw its application for en-
forcement before the United States Court of Appeals
for the Ninth Circuit. 2 Based upon the aforemen-
tioned circumstances, and inasmuch as the Charging
Party no longer wishes to represent Respondent's em-
ployees, the parties re4uest that the withdrawal of the
instant charge be approved, and that the complaint
be dismissed.
The Board having duly considered the matter,
IT IS HEREBY ORDERED that the joint motion be, and
it hereby is, granted.
IT IS FURTHER ORDERED that the Charging Party's
request to withdraw the charge previously filed herein
be, and it hereby is, granted.
IT IS FURTHER ORDERED that the complaint issued
by the Regional Director for Region 21 on July 18,
1978, be, and it hereby is, dismissed.
By direction of the Board:
George A. Leet
Associate Executive Secretary
2 Motion granted on Januar 9. 1980.
243 NLRB No. 166
1127