Plastic Film Products Corp.

National Labor Relations Board - Board Decisions

Sep 30, 1977

232 N.L.R.B. 722 (N.L.R.B. 1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Plastic Film Products Corp. and Cleveland Joint
Board, Amalgamated Clothing and Textile Work-
ers Union, AFL-CIO. Case 8-CA-10335
September 30, 1977
ORDER REMANDING PROCEEDING TO
ADMINISTRATIVE LAW JUDGE
BY CHAIRMAN FANNING AND MEMBERS
PENELLO AND MURPHY
Hearing upon the complaint herein was held before
Administrative Law Judge Benjamin K. Blackburn
on December 13 to 16, 1976; and January 24 to 28,
February 28 to March 1, and March 14 to 17, 1977.
At the conclusion of the hearing, the Administrative
Law Judge indicated his intention to issue an oral
Decision. All parties objected to the oral procedure
and to a waiver of the right to file briefs. Thereafter,
the Administrative Law Judge entered a decision on
the record which encompassed his findings of fact,
conclusions of law, and recommended Order. Gener-
al Counsel, Charging Party, and Respondent filed
exceptions.
General Counsel and. Respondent except to the
issuance of an oral decision. The Board having duly
considered the matter finds that, by reading his
decision into the record, the Administrative Law
Judge has not satisfactorily complied with the
requirements of Section 10(c) of the National Labor
Relations Act, as amended, and Section 102.45 of the
Board's Rules and Regulations, as amended, with
regard to the preparation of a written decision. The
I Member Murphy agrees that the Board's Rules and Regulations, as
currently promulgated. preclude the procedure followed by the Administra-
tive Law Judge herein inasmuch as all parties declined to waive the filing of
briefs. Accordingly. she reluctantly concurs in the order to remand the case
to the Administrative Law Judge.
However, she commends the Administrative L.aw Judge on his effort to
expedite the decisionmaking process and thus to avoid any unnecessary and
unwarranted delay to parties availing themselves of the Board's processes.
Member Murphy further finds that the issuance of an oral decision, under
different circumstances, would constitute an entirely proper procedure
which would fully protect all due process rights of the parties. Full and tfair
consideration upon all material issues of fact. law, or discretion presented on
the record, following full opportunity to be heard and to examine and cross-
Board further finds that the procedure followed
herein does not comply with the requirements of
Section 102.42 of the Board's Rules and Regulations,
as amended, which provides that the parties, upon
request made before the close of the hearing, "are
entitled" to file briefs and/or proposed findings and
conclusions with the Administrative Law Judge.
While the Board normally applauds any innovative
effort to expedite the decisional process, we do not
do so as here, at the expense of depriving the parties
of due process of law as provided by the Board's
Rules and Regulations and where, ultimately, the net
result is to contribute to further and undue delay in
the issuance of a Board decision.'
Pursuant to 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.
Accordingly, it is hereby ordered that the above-
entitled proceeding be, and it hereby is, remanded to
Administrative Law Judge Benjamin K. Blackburn
for the preparation and issuance of a written decision
in accordance with the terms of Section 102.45 of the
Board's Rules and Regulations, as amended. Prior to
the issuance of such decision, all parties shall be
accorded a reasonable time for filing of briefs and/or
proposed findings and conclusions in accordance
with Section 102.42 of the Board's Rules and
Regulations, as amended. Following service of the
written decision on the parties, the provisions of
Section 102.46 of the Board's Rules and Regulations
shall be applicable.
examine witnesses, is in no mannerjeopardized by a decision rendered from
the bench. Indeed, such a procedure has long been practiced throughout the
Federal system by the distinct courts without interference with either
substantive or procedural due process rights of the parties. Of course. such
oral decision must be in strict compliance with the provisions of Sec. 102.45
of the Board's Rules and Regulations requiring the Administrative Law
Judge to set forth his findings of fact. conclusions. and the reasons or basis
therefor. Thus. adequate compliance with Sec. 102.45 requires that a
decision rendered from the bench be a self-contained document which
satisfies the underlying policy respecting the requirements set forth in that
section: to provide a clear and cogent explanation to the parties involved as
to the basis for the decision; to give guidance to parties similarly situated;
and to provide a basis for review by the Board and ultimately by the courts.
232 NLRB No. 115
722