Ideal Market

National Labor Relations Board - Board Decisions

Jun 11, 1974

211 N.L.R.B. 344 (N.L.R.B. 1974)

344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Bean Bag Markets of Wyoming, Inc., d/b/a Ideal
Market and Retail Clerks International Associa-
tion, Local Union No. 187, AFL-CIO, Petitioner.
Case 27-RC-4598
June 11, 1974
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND PENELLO
On December 4, 1973, the National Labor Relat-
ions Board issued a Decision and Certification of
Representative in the above-entitled proceeding' in
which it overruled exceptions filed by the Employer
to the failure of the Regional Director to set aside the
election because of an alleged waiver of initiation
fees made by Petitioner prior to the election.
Thereafter, the Employer filed a timely Motion for
Reconsideration and Stay of Certification reiterating
its earlier request that the election be set aside based
on the Sixth Circuit's Savair decision.2 The motion
also requested that the Board defer its decision on
the motion until the Supreme Court had issued its
I A decision in Case 27-RC-4598 not printed in bound volumes of
Board Decisions.
2 N.L.RB. v. Savair Manufacturing Company, 470 F.2d 305 (C.A. 6,
opinion on review. While this motion was pending
before the Board, the Supreme Court issued its
Savair decision.3 Thereafter, the Employer requested
and was given permission to file an amended motion
for reconsideration and to vacate certification. In its
motion the Employer reiterated its earlier request
that the election be set aside and a second election
directed, without requesting a hearing. In support of
its motion, the Employer attached two employee
affidavits.
On March 15, 1974, the Regional Director, as a
result of his investigation, issued a Supplemental
Report in which he recommended that the Employ-
er's motions for reconsideration be denied.
Having duly considered the matter, we hereby
adopt the Regional Director's findings, conclusions,
and recommendations for the reasons set forth in his
Supplemental Report. Accordingly, the certification
previously issued in this case is reaffirmed.
ORDER
It is hereby ordered that the Employer's motions
be, and they hereby are, denied.
1972).
3 N.L.R. B. v. Savair Manufacturing Company, 414 U.S . 270 (1973).
211 NLRB No. 47