Patsy Bee, Inc.

National Labor Relations Board - Board Decisions

Apr 20, 1983

266 N.L.R.B. 635 (N.L.R.B. 1983)

PATSY BEE, INC.
Patsy Bee, Inc. and Northwestern District Council
of the International Lades Garment Workers'
Union, affiliated with International Ladies Gar-
ment Workers' Union, AFL-CIO. Cases 17-
CA-8835, 17-CA-8884, and 17-RC-8710
April 20, 1983
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS JENKINS, ZIMMERMAN, AND
HUNTER
On June 2, 1980, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding,' in which the Board found,
inter alia, that Respondent violated Section 8(aX)(1)
of the Act, and ordered that Respondent cease and
desist therefrom and take certain affirmative action
to remedy the unfair labor practices, including,
inter alia, bargaining, upon request, with the Union
as the exclusive collective-bargaining representative
of the employees in the appropriate unit. With re-
spect to Case 17-RC-8710 the Board set aside the
results of the election held on March 27, 1979; and,
as no question concerning representation existed in
view of the order requiring bargaining with the
Union, found it unnecessary to pass on the Union's
objections and ordered that the petition in Case 17-
RC-8710 be dismissed.
Thereafter, Respondent filed a petition for
review of the Board's Order with the U.S. Court
of Appeals for the Eighth Circuit, and the Board
filed a cross-application for enforcement of its
Order. On July 22, 1981, the court granted Re-
spondent's petition, denied enforcement of the
Board's bargaining order,2 and remanded the case
' 249 NLRB 976.
s In denying the Board's bargaining order, the court did not par on
the uncontested (aX)(l) violations. Pursuant to this the Board sought an
amended judgment seeking enforcement of this part of its order which
the court issued on December 16, 1981.
back to the Board. By letter dated August 4, 1982,
the parties were advised that in light of the court's
denial of enforcement of the bargaining order, the
Board was considering the direction of a new elec-
tion, and that all parties were invited to file state-
ments of position with regard to this contemplated
action due on or before August 23, 1982. On
August 20, 1982, the Employer filed a statement of
position, contending that, because of substantial
turnover in the bargaining unit, the Board should
not order a second election.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
We, having duly considered the matter, accept
the court's opinion as the law in Cases 17-CA-
8835 and 17-CA-8884. With respect to Case 17-
RC-8710, we hereby adopt the Administrative
Law Judge's finding that the Employer interfered
with the employees' free choice in the election by
threatening the employees with loss of employment
and the withholding of benefits because of their
union activity. We shall sustain, therefore, the
Union's Objection 2, set aside the election held on
March 27, 1979, and direct a second election.
ORDER
It is hereby ordered that the bargaining order
issued in Cases 17-CA-8835 and 17-CA-8884 be,
and it hereby is, rescinded.
IT IS FURTHER ORDERED that the petition in Case
17-RC-8710 be, and it hereby is, reinstated, that
the election previously conducted herein on March
27, 1979, be, and it hereby is, set aside, and that
Case 17-RC-8710 be, and it hereby is, remanded to
the Regional Director for Region 17 to conduct a
second election as directed below.
[Direction of Second Election and Excelsior foot-
note omitted from publication.]
266 NLRB No. 116
635