Sheraton Inn-Airport

National Labor Relations Board - Board Decisions

Dec 14, 1979

246 N.L.R.B. 1119 (N.L.R.B. 1979)

SHERATON INN-AIRPORT
Exeter I-A Limited Partnership, d/b/a Sheraton Inn-
Airport and Hotel, Motel and Restuarant Employ-
ees Union, Local 151, affiliated with the Hotel, Res-
taurant Employees and Bartenders Union, AFL-
CIO. Cases 10-CA-13265 and 10-RC-108511
December 14, 1979
SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF SECOND ELECTION
BY MEMBERS JENKINS, PENELLO, AND MURPHY
On April 24, 1978, the National Labor Relations
Board issued its Decision and Order in the above-
entitled proceeding2 wherein it found, in substance,
that the above-named Union's preelection conduct
did not interfere with the employees' free election
choice of the Union as their certified exclusive collec-
tive-bargaining representative, and that Respondent
violated Section 8(a)(5) and (I) of the Act by refusing
to bargain collectively with said Union. Remedially,
the Board ordered Respondent to bargain with said
Union upon request.
On June 15, 1979, the United States Court of Ap-
peals for the Fifth Circuit issued its decision 3 in which
it denied enforcement of the Board's Decision and
Order, set aside the election conducted on November
12, 1976, and ordered that a new election be held. On
July 31, 1979, the National Labor Relations Board
filed a motion with the court wherein it urged the
court to recall its mandate and modify its decision by
eliminating its requirement that another election be
I For purposes of this proceeding. Cases 10-CA 13265 and 10-RC- 10851
hereby are consolidated.
2235 NLRB 1124.
3596 F.2d 1280.
held. On August 20, 1979. the court denied the
Board's motion in an unpublished order.
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.
The Board, having accepted the remand, respect-
fully recognizes the above-mentioned court opinion
as binding upon the Board for the purpose of decid-
ing this case. Accordingly, pursuant to the court's di-
rection, we shall remand the proceeding to the Re-
gional Director for the purpose of conducting a
second election.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act. as amended, the National Labor Rela-
tions Board hereby orders that the complaint in Case
10-CA-13265 be, and it hereby is. dismissed.
IT IS FURTHER ORDERED that the election conducted
in Case 10-RC-10851 on November 12, 1976, be, and
it hereby is, set aside.
IT IS FURTHER ORDERED that the certification issued
in Case 10-RC-10851 on September 30, 1977. to Ho-
tel, Motel and Restaurant Employees Union. Local
151, affiliated with the Hotel, Restaurant Employees
and Bartenders Union. AFL-CIO, as exclusive col-
lective-bargaining representative of Respondent's em-
ployees in the unit found appropriate, be, and it
hereby is. vacated.
IT IS FURTHER ORDERED that Case 10-RC-10851
be, and it hereby is, remanded to the Regional Direc-
tor for Region 10 for the purpose of conducting a
second election at such time as the Regional Director
deems appropriate.
[Direction of Second Election and Excelsior foot-
note omitted from publication.]
246 NLRB No. 178
1119