KI (USA) Corp.

National Labor Relations Board - Board Decisions

Mar 31, 1995

316 N.L.R.B. 1038 (N.L.R.B. 1995)

1038
316 NLRB No. 162
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 The representation proceeding has been consolidated with the in-
stant unfair labor practice proceeding in order to determine the
issues in both cases.
2 310 NLRB 1233 (1993).
3 309 NLRB 1063 (1992). 4 KI (USA) Corp., 35 F.3d 256 (6th Cir.).
KI (USA) Corporation and United Automobile,
Aerospace and Agricultural Implement Work-
ers of America, UAW. Cases 9–CA–30375 and
9–RC–158421
March 31, 1995
SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF SECOND ELECTION
BY CHAIRMAN GOULD AND MEMBERS STEPHENS
AND TRUESDALE
On April 30, 1993, the National Labor Relations
Board issued its Decision and Order in the above-enti-
tled proceeding.2 The Board found that the Respondent
violated Section 8(a)(5) and (1) of the National Labor
Relations Act by refusing to bargain with the Union
certified by the Board in Case 9–RC–15842 on De-
cember 16, 1992.3 Subsequently, the Board filed an
application for enforcement of its Order with the
United States Court of Appeals for the Sixth Circuit.
Thereafter, on September 14, 1994, the court denied
the application for enforcement of the Order and set
aside the certification.4
The Board has delegated its authority in this pro-
ceeding to a three-member panel.
The Board having considered the matter, has de-
cided to accept the court’s decision as the law in this
case.
ORDER
It is ordered that the Board’s Decision and Order,
dated April 30, 1993, is vacated and the complaint is
dismissed in its entirety.
IT IS FURTHER ORDERED that the certification issued
in Case 9–RC–15842 on December 16, 1992, is re-
scinded and Case 9–RC–15842 is remanded to the Re-
gional Director for Region 9 for action consistent with
the following direction.
[Direction of Second Election omitted from publica-
tion.]