I.T.T. Semi-Conductors, Inc.

National Labor Relations Board - Board Decisions

Feb 19, 1969

174 N.L.R.B. 656 (N.L.R.B. 1969)

656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I.T.T. Semi-Conductors, Inc. and International
Brotherhood of Electrical Workers, AFL-CIO,
Petitioner . Case 12-RC-1975
February 19, 1969
ORDER GRANTING PETITION FOR
REINSTATEMENT OF
REPRESENTATION PETITION AND
DIRECTION OF SECOND ELECTION
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
On June 21, 1967, the National Labor Relations
Board issued its Decision and Order in the
above-entitled proceeding,' in which the Board found
that the Respondent had violated Section 8(a)(1) of
the National Labor Relations Act by means of
threats, coercive interrogations, granting a wage
increase during a period of organizational attempts
by the employees, and promulgation and
discriminatory enforcement of no- solicitation and
no-distribution rules. The Board also found that the
Respondent violated Section 8(a)(5) and (1) of the
Act by its refusal to bargain with the Union which
the Board had found had been designated by a
majority of its employees. The Board, therefore,
issued an appropriate bargaining order. It also set
aside the election held December 17, 1964, and
dismissed Case 12-RC-1975.
Thereafter, the Respondent petitioned the Court
of Appeals for the Fifth Circuit to review and set
aside the Board's Order. The Board filed a
cross-petition for enforcement of the Order. The
court, although agreeing with the Board's Section
8(a)(1) findings, found, contrary to the Board, that
the Union did not represent a majority of
Respondent's employees and vacated and set aside
'165 NLRB No. 98. The representation case was consolidated and
considered with Cases 12-CA-3044, 12-CA-3089, and 12-CA-3225.
that part of the Order directing bargaining with the
Union.2
On November 27, 1968, the Union filed a petition
with the Board requesting that the representation
petition in Case 12-RC-1975 be reinstated and a
second election directed. The Respondent filed a
motion in opposition to the petition.
The Board3 has duly considered the matter and is
of the opinion that a second election should be held.
In its original Decision and Order the Board found
the Union's objections to the election meritorious
and set aside the election. However, as the Board
further found that the Respondent had unlawfully
refused to bargain with the Union, a bargaining
order was issued thereby obviating the necessity of a
second election, and the representation case was
dismissed. In view of the Fifth Circuit's decision, the
basis for that dismissal no longer ` exists.
Accordingly,
IT IS HEREBY ORDERED that Case 12-RC-1975 be,
and it hereby is, reopened, and that all prior
proceedings held thereunder be, and they hereby are,
reinstated, and that a second election be conducted
pursuant to the direction below.
[Direction of Second Election4 omitted from
publication.]
'LT T. Semi-Conductors , Inc., v . N L.R,B.. 395 F 2d 257 (C A 5,
1968).
'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 an connection with this case to a three-member panel.
'An election eligibility list, containing the names and addresses of all the
eligible voters , must be filed by the Employer with the Regional Director
for Region 12 within 7 days after the date of issuance of the Notice of
Second Election by the Regional Director The Regional Director shall
make the list available to all parties to the election. No extension of time
to file this list shall be granted by the Regional Director except in
extraordinary circumstances. Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed Excelsior Underwear Inc., 156 NLRB 1236.