Overland Hauling, Inc.

National Labor Relations Board - Board Decisions

Mar 25, 1974

209 N.L.R.B. 844 (N.L.R.B. 1974)

844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Overland Hauling , Inc. and Teamsters, Chauffeurs,
Warehousemen and Helpers Local No. 385,
affiliated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of
America. Case 12-CA-4767
March 25, 1974
SUPPLEMENTAL DECISION AND
ORDER
By CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
On December 28, 1973, Administrative Law Judge
Almira A. Stevenson issued the attached Second
Supplemental Decision in this proceeding. Thereaft-
er, Respondent filed exceptions and a supporting
brief. J
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.
The Board has considered the record and the
attached Decision in light of the exceptions and brief
and has decided to affirm the rulings, findings, and
conclusions of the Administrative Law Judge and to
adopt her recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge and
hereby orders that the Charging Party's request for
permission to withdraw the charge be granted, the
Board's Order issued December 14, 1970,2 be
revoked and the complaint dismissed, and the
certification issued in Case 12-RC-3317 be rescind-
ed.
i Respondent has excepted to the failure of the Administrative Law
Judge to grant Respondent's motion that it be granted reimbursement from
the Charging Party for costs incurred by Respondent in producing a witness
at the hearing on December 11, 1973. We find this exception to be without
merit Tzidee Products, Inc., 194 NLRB 1234, relied on by Respondent, is
wholly inapplicable smce that case relates to a charged party engaging in
frivolous litigation
2 187 NLRB 245
SECOND SUPPLEMENTAL DECISION
ALMIRA ABBOT STEVENSON , Administrative Law Judge:
On February 20, 1973, I issued a Supplemental Decision in
this case recommending that the Respondent 's objections
to the election conducted in Case 12-RC-3317 be
i In the event no exceptions are filed as provided by Sec 102.46 of the
Rules and Regulations of the National Labor Relations Board, the findings,
conclusions, and recommended Order herein shall, as provided in Sec.
overruled , and that the National Labor Relations Board's
certification of the Charging Party Union in Case
12-RC-3317 and the Board's conclusion that the Respon-
dent violated Section 8(a)(5) and ( 1) by refusing to bargain
in Case 12-CA-4767 be affirmed . Thereafter, the Respon-
dent filed with the Board exceptions to the Supplemental
Decision and a motion for leave to adduce additional
evidence and to reopen record . On September 10, 1973, the
Board issued an order reopening record and remanding
proceeding to Regional Director for further hearing. In its
Order the Board said it might be better able to determine
whether to reaffirm its earlier bargaining order if evidence
concerning alleged illegal conduct of the Union 's assistant
business representative , Hermon F . Witt, were accepted
into the record . The Board therefore reopened the record
and ordered a further hearing before me for the purpose of
receiving testimony and/or evidence concerning Hermon
F. Witt's alleged illegal conduct toward the property of the
Respondent.
Thereafter, on November 20, 1973, a pretrial conference
and oral argument on the Respondent 's application to take
depositions was held before me in Tampa , Florida, at
which all parties were represented . Certain stipulations of
fact were entered into the record , oral argument was heard,
and rulings were made on the Respondent's application to
take depositions ; and the date for further hearing was set
for December 11, 1973, at a place to be designated by the
Regional Director with notice to the parties.
On December 11, 1973, a further hearing was convened
at Orlando , Florida, for the purpose of taking testimony as
ordered by the Board . The General Counsel and the
Respondent were represented by counsel. At the hearing,
the General Counsel introduced into evidence copies of a
telegram from Frank E . Hamilton , Jr., Attorney for the
Charging Party , dated December 8, and received Decem-
ber 10 , 1973, requesting permission to withdraw the charge
in Case 12-CA-4767. The General Counsel stated on the
record that Attorney Hamilton, although notified of the
place designated for the hearing , had signified his intention
not to appear . The General Counsel and the Respondent
then stated that they did not oppose the Charging Party's
request for permission to withdraw the charge and jointly
proposed that such permission be granted , the Board's
bargaining order be revoked, that the complaint be
dismissed , and the certification be rescinded. No reason
having been advanced as to why the request of the
Charging Party and the proposal of the General Counsel
and the Respondent should not be granted , I hereby issue
the following recommended:
ORDERI
The Charging Party 's request for permission to withdraw
the charge in Case 12-CA-4767 is granted, the Board's
Order issued December 14, 1970 (187 NLRB 245), is
revoked, and the complaint dismissed ; and the certification
issued in Case 12-RC-3317 is rescinded.
102.48 of the Rules and Regulations , be adopted by the Board and become
its findings , conclusions , and order , and all objections thereto shall be
deemed waived for all purposes
209 NLRB No. 137