Island Spring, Inc.

National Labor Relations Board - Board Decisions

Mar 11, 1986

278 N.L.R.B. 913 (N.L.R.B. 1986)

ISLAND SPRING
Island Spring, Inc. and John R. Olson, Petitioner
and Service Employees International Union,
Local 6, AFL-CIO-CLC. Case 19-RD-1950
11 March 1986
RULING ON ADMINISTRATIVE
ACTION
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS, JOHANSEN, BABSON , AND STEPHENS
The Employer's request for review of the Re-
gional Director's administrative dismissal of the pe-
tition is granted as it raises substantial issues war-
ranting review . Having considered the matter, the
Board concludes that the petition should be rein-
stated.
The unfair labor practice allegations upon which
the Regional Director based his dismissal have
been resolved pursuant to an informal settlement
agreement, the Employer has fully complied with
the settlement agreement , and the unfair labor
practice case has been closed by the Regional
Office. Under these circumstances , it is appropriate
913
to reinstate the petition. See Passavant Health
Center, 278 NLRB 483 ( 1986). Although the settle-
ment agreement in Passavant contained a nonadmis-
sion clause, the absence of such a clause in the in-
stant case does not warrant a contrary result. Here,
as in Passavant, the Employer has neither admitted
the charges nor been found in violation of the Act.
Accordingly, the petition is reinstated and the
matter is remanded to the Regional Director with
instructions that he open and count the ballots cast
in the 16 August 1983 election and thereafter issue
the appropriate certification.
Chairman Donald L . Dotson, concurring in the
result, agrees that the petition should be reinstated
as he does not regard the unfair labor practice alle-
gations as sufficiently serious to interfere with the
election . Member Wilford W. Johansen , dissenting,
would affirm the Regional Director 's administra-
tive dismissal of the petition , as he dissented in Pas-
savant and views the unfair labor practice allega-
tions as evidencing a repudiation of the Employer's
collective-bargaining obligations and, therefore,
sufficiently serious to interfere with employees'
free choice in the election.
278 NLRB No. 130