Medina County Publications, Inc.

National Labor Relations Board - Board Decisions

Mar 12, 1985

274 N.L.R.B. 873 (N.L.R.B. 1985)

MEDINA COUNTY PUBLICATIONS 873
Medina County Publications , Inc. and Cleveland Ty-
pographical Union No. 53, International Typo-
graphical Union , AFL-CIO. Cases 8-CA-
15170-5 and 8-RC-12323
12 March 1985
SUPPLEMENTAL DECISION, ORDER,
AND DIRECTION OF SECOND
ELECTION
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 15 September 1982 the National Labor Rela-
tions Board issued its Decision and Order in this
proceeding' in which it found that the Respondent
had violated Section 8(a)(5) and (1) of the National
Labor Relations Act by refusing to bargain collec-
tively with Cleveland Typographical Union No.
53, International Union, AFL-CIO which was cer-
tified as bargaining representative of all employees
in the appropriate unit pursuant to a Board election
in Case 8-RC-12323 on 29 July 1981. The Board
ordered the Respondent to cease and desist from its
unlawful conduct and to recognize and bargain
with the Union.
The Board subsequently petitioned the United
States Court of Appeals for the Sixth Circuit for
enforcement of its Order. The court, in its opinion
dated 29 May 1984, found that the Board had erred
as a matter of law by not finding Steve Dungjen to
be a supervisor as defined in the Act, by including
1 263 NLRB No 149 (1982) ( not reported in Board volumes)
Dungjen as an employee within the bargaining
unit, and by therefore allowing Dungjen to vote in
the representation election. The court consequently
denied enforcement of the Board's Order. NLRB v.
Medina County Publications, 735 F.2d 199 (6th Cir.
1984).
In the secret-ballot election conducted on 7 and
8 May 1981 the tally of ballots shows that 38 bal-
lots were cast for the Union and 37 were cast
against .2 Because Dungjen ' s ballot is commingled
with the other ballots and is determinative of the
outcome of the election, the Board has decided to
direct a second election in Case 8-RC-12323.
ORDER
The Decision and Order in Case 8-CA-15170-5
is vacated.
IT IS FURTHER ORDERED that Case 8-RC-12323
is reinstated, the election is set aside, and the case
is remanded to the Regional Director for Region 8
for the purpose of conducting a second election
pursuant to the direction below.
[Direction of Second Election omitted from pub-
lication.]
2 In the election there were three challenged ballots, enough to affect
the outcome of the election The Respondent also filed timely objections
to conduct affecting the outcome of the election and to the conduct of
the election On 29 July 1981 the Acting Regional Director for Region 8
issued a Supplemental Decision and Certification of Representative in
which he accepted a stipulation on the status of those persons whose bal-
lots were challenged, overruled the Respondent 's objections , and issued a
Certification of Representative The Respondent then filed a timely re-
quest for review of the Supplemental Decision and Certification of Rep-
resentative, which was denied by the Board on 30 September 1981
274 NLRB No. 127