Olympia Fields Osteopathic Medical Center

National Labor Relations Board - Board Decisions

Feb 28, 1986

278 N.L.R.B. 853 (N.L.R.B. 1986)

OLYMPIA FIELDS OSTEOPATHIC CENTER 853
Olympia Fields Osteopathic Medical Center and
International Brotherhood of Firemen and
Oilers, Local #7, AFL-CIO, and Local 399,
International Union of Operating Engineers,
AFL-CIO. Case 13-CA-18904
28 February 1986
ORDER DENYING MOTION
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS, JOHANSEN, BABSON, AND STEPHENS
On 10 September 1984 the National Relations
Board vacated its earlier Decision and Order in
this proceeding," denied the General Counsel's
Motion for Summary Judgment , and remanded the
proceeding to the Regional Director for further
considertion consistent with St. Francis Hospital,
271 NLRB 948 (1984), including, if necessary, a re-
opening of the record in the representation case
and the issuing by the Regional Director of a Sup-
plemental Decision, if appropriate.
On 30 April 1985 the General Counsel filed a
Motion to Withdraw Complaint and Notice of
Hearing , submitting that the Joint Petitioners and
1 247 NLRB 155 (1980).
the Employer have advised that they did not wish
to present any further evidence in the representa-
tion case, and that on 1 February 1985 , pursuant to
the Board's decision in St. Francis Hospital, supra,
the Acting Regional Director issued a Supplemen-
tal Decision dismissing the petition in Case 13-RC-
14991 and revoking the Certification of Representa-
tive . The Joint Petitioners did not request review
of the Acting Regional Director's Supplemental
Decision . The General Counsel therefore moves
for withdrawal of the complaint.
Having duly considered the matter, we are of
the opinion that the Regional Director has discre-
tion to withdraw the complaint without leave of
the Board . See Section 102.18 of the Rules and
Regulations. Although the case was before the
Board earlier on a Motion for Summary Judgment,
which the Board granted , the vacating of that
order and the remanding of the case to the Region-
al Director for further consideration of the repre-
sentation proceeding has the effect of putting the
complaint in a prehearing posture . As such, the Re-
gional Director acting on behalf of the General
Counsel may withdraw the complaint on his own
motion . Accordingly, the motion of the General
Counsel is denied.
278 NLRB No. 119