NTA Graphics

National Labor Relations Board - Board Decisions

Jan 20, 1995

316 N.L.R.B. 25 (N.L.R.B. 1995)

25
316 NLRB No. 5
NTA GRAPHICS
1 307 NLRB No. 224 (not reported in Board volumes).
2 NLRB v. NTA Graphics, Inc., 996 F.2d 1216 (table).
NTA Graphics, Inc. and Graphic Communications
International Union, Detroit-Toledo Local 289,
AFL–CIO–CLC. Case 8–CA–24277
January 20, 1995
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN GOULD AND MEMBERS STEPHENS
AND BROWNING
On July 24, 1992, the National Labor Relations
Board issued its Decision and Order in the captioned
case.1 The Board found that the Respondent, NTA
Graphics, Inc., had violated Section 8(a)(5) and (1) of
the Act by refusing to bargain with the Union, which
had been certified as the bargaining agent for a unit of
the Respondent’s employees. The Board ordered the
Respondent to cease and desist from refusing to bar-
gain and to bargain with the Union. On June 21, 1993,
the United States Court of Appeals for the Sixth Cir-
cuit enforced the Board’s Order.2
On December 6, 1993, the Respondent filed a peti-
tion for a writ of certiorari with the United States Su-
preme Court. On February 28, 1994, the Court granted
the Respondent’s petition.
By letter dated April 20, 1994, the Union advised
the Respondent that, because of the passage of time
and employee turnover since the election, it was dis-
claiming any interest in representing the employees in
the bargaining unit. In view of the Union’s representa-
tion, the Solicitor General, on behalf of the Board,
moved that the Court vacate the judgment of the court
of appeals as moot and remand the case to the court
with instructions to remand it to the Board to vacate
the Board’s Order and its certification of the Union.
On May 31, 1994, the Supreme Court granted the So-
licitor General’s motion, vacated the court’s judgment
as moot, and remanded the case to the court of ap-
peals. On September 15, 1994, the court of appeals re-
manded the case to the Board with instructions to va-
cate the Board’s Order and the certification on which
the Order was based. The Board has accepted the
court’s remand.
The Board has delegated its authority in this pro-
ceeding to a three-member panel.
Pursuant to the instructions of the court of appeals,
the Board enters the following
ORDER
It is ordered that the Board’s Order of July 24,
1992, in Case 8–CA–24277 is vacated.
IT IS FURTHER ORDERED that the Union’s certifi-
cation, issued in Case 8–RC–13648, is vacated.