Mike O'Connor Chevrolet-Buick-GMC Co., Inc.

National Labor Relations Board - Board Decisions

Dec 15, 1975

221 N.L.R.B. 1145 (N.L.R.B. 1975)

MIKE O'CONNOR CHEVROLET-BUICK-GMC '1145
Mike O'Connor Chevrolet-Buick-GMC Co., Inc., and
Pat O 'Connor Chevrolet-Buick-GMC Co., Inc. and
General Drivers, Warehousemen and Helpers
Local Union No. 534 , affiliated with International
Brotherhood of Teamsters , -Chauffeurs, Ware-
housemen & Helpers of America . Cases 17-CA-
5505 and 17-RC-7077
December 15, 1975
SECOND SUPPLEMENTAL DECISION
AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND PENELLO
Pursuant to the instructions of the Board in its
Supplemental Decision and Order,' dated September
26, 1975, the Regional Director for Region 17
counted the challenged ballots of Dave Martin and
Bill Glenn, served on the parties and the Board a
revised tally of ballots, and issued a Certification of
Results of Election.-Thereafter, also pursuant. to the
Board's instructions, the Regional Director issued an
order dated November 6, 1975, transferring the
above-captioned proceeding back to the Board for
further consideration.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Since the revised tally establishes that the Union
has lost the election, and as the Board previously
decided to treat the court's-remand of the, case asi the
law of the case, there no longer appears to be any
basis for finding that Respondent has committed 'any
violations in this case.
ORDER
It is hereby ordered that the complaint in this
proceeding be, and it hereby is, dismissed in its
entirety.
1 Reported at 220 NLRB No. 122; the Board's original Decision, Order,
and Certification of Representative, 209 NLRB 701 (1974), was remanded
by the Eighth Circuit, 512 F,2d 684 (1975)
221 NLRB No. 189