International Association of Machinists and Aerospace Workers

National Labor Relations Board - Board Decisions

Nov 27, 1970

186 N.L.R.B. 890 (N.L.R.B. 1970)

890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Association of Machinists and Aerospace
Workers, AFL-CIO; Local Lodge 598, Internation-
al Association of Machinists and Aerospace Work-
ers, AFL-CIO; H. C. Greene, president and
member of Local Lodge 598, International Associa-
tion of Machinists and Aerospace Workers,
AFL-CIO; Yancey E. Burns, secretary-treasurer
and member of Local Lodge 598, International
Association of Machinists and Aerospace Workers,
AFL-CIO (Union Carbide Corporation ) and Lu-
ther W. Schumate
International Association of Machinists and Aerospace
Workers, AFL-CIO; Local Lodge 598, Internation-
al Association of Machinists and Aerospace Work-
ers, AFL-CIO; H. C. Greene, president and
member of Local Lodge 598, International Associa-
tion of Machinists and Aerospace Workers,
AFL-CIO; Yancey E. Burns, secretary-treasurer
and member of Local Lodge 598, International
Association of Machinists and Aerospace Workers,
AFL-CIO (Union Carbide Corporation ) and John
W. Godbey; Dewitt Deel ; Charles C. Dawson;
Dalton Midkiff and Union Carbide Corporation,
Party in Interest . Cases 9-CB-1510-1,
9-CB-1510-2, 9-CB-1510-3, 9-CB-1510-4,
9-CB-1519-1, 9-CB-1519-2, 9-CB-1519-3, and
9-C'B-1519-4
November 27, 1970
SUPPLEMENTAL DECISION
BY MEMBERS FANNING, BROWN, AND JENKINS
On January 22, 1970, the National Labor Relations
Board issued its Decision and Order in the above-
entitled proceeding,' finding that the alleged unfair
labor practices occurred more than 6 months prior to
1 I80 NLRB No 135
the filing of the charge and, therefore, the issuance of
a complaint was time-barred under Section 10(b) of
the National Labor Relations Act, as amended.
Accordingly, the Board found it unnecessary to reach
the underlying issues of law in the case and ordered
that the complaint therein be dismissed in its entirety.
Thereafter, on February 2, 1970, Union Carbide
Corporation filed a Motion for Reconsideration of
the Decision and Order, requesting that the Board,
upon reconsideration, rescind its dismissal of the
complaint and consider and decide the underlying
issues of law and fact presented in the complaint. On
February 10, 1970, the Charging Parties filed a
Motion for Reconsideration, concurring and joining
in the motion filed by Union Carbide Corporation on
all grounds set forth therein. Respondents filed no
response.
On February 20, 1970, the National Labor Rela-
tions Board issued a notice in the above-entitled
proceeding, advising the parties that the Board had
decided to reconsider its Decision and Order dated
January 22, 1970, in light of the motions filed by
Union Carbide Corporation and the Charging Parties.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with these cases to a three-
member panel.
We have duly reconsidered our original Decision in
light of the Motions for Reconsideration and, upon
the entire record herein, including the said Motions,
we adhere to our view that the issuance of a complaint
is time-barred under Section 10(b) of the Act.
Accordingly, we hereby reaffirm our Order dismissing
the complaint in its entirety.
186 NLRB No. 138