213 N.L.R.B. 196 (N.L.R.B. 1974)

Local No. 1

National Labor Relations Board - Board DecisionsSep 6, 1974

213 N.L.R.B. 196 (N.L.R.B. 1974)

196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local No. 1, International Union of Elevator Construc- tors, AFL-CIO (Westinghouse Electric Corpora- tion) and William J. Wahlgren , Jr. Case 2-CB-5456 September 6, 1974 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS FANNING, KENNEDY. AND PENELLO On May 24, 1974, the National Labor Relations Board issued a Decision and Order,' wherein it found that Respondent Union violated Section 8(b)(1)(B) by fining a member-supervisor for crossing a picket line to perform rank-and-file work. On June 24, 1974, the United States Supreme Court issued its decision in Florida Power and Light Company v. International Brotherhood of Electrical Workers 2 wherein the Court concluded that it is not a violation of the Act to fine a' member-supervisor for the above activity. Subse- quently thereafter, Respondent filed a motion for re- consideration. '210 NLRB No. 158. 2 417 U.S. 790. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. In our original Decision herein, we adopted, ba- sically without change, the findings, conclusions, and recommendations of the Administrative Law Judge that Respondent violated Section 8(b)(1)(B). Since this determination was based on Illinois Bell Tele- phone Company, 192 NLRB 85, and Wisconsin Electric Company, 192 NLRB 77, in which the Board's deter- minations have been rejected by the Supreme Court's decision in Florida Power and Light, supra, the Admin- istrative Law Judge's ground for finding the 8(b)(1)(B) violation now becomes untenable. ORDER Accordingly, we conclude that the Board's Deci- sion and Order therein was rendered incorrect by the Supreme Court's decision in Florida Power and Light and, therefore, we reverse our previous Decision and Order and order that the complaint be, and it hereby is, dismissed in its entirety.