Sherwood Diversified Services, Inc.

National Labor Relations Board - Board Decisions

Feb 10, 1986

278 N.L.R.B. 472 (N.L.R.B. 1986)

472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Federated Answering Service, a Division of Sher-
wood Diversified Services , Inc. and United
Telephone Answering and Communication Serv-
ice Union, Local 780. Cases 2-CA-19496-1, 2-
CA-19496-2, and 2-CA-19496-4
10 February 1986
ORDER REMANDING
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS AND BABSON
On 9 July 1984 Administrative Law Judge Joel
P. Biblowitz issued a decision in this proceeding.
The Respondent filed exceptions and a supporting
brief, and the General Counsel and the Charging
Party filed cross-exceptions and briefs in support of
their cross-exceptions and in response to the Re-
spondent's exceptions. The Respondent also filed
an answering brief to the cross-exceptions of the
General Counsel and the Charging Party.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The judge concluded, inter alia, that Marilyn
McGuire did not act as the Respondent's agent
when she assumed her role as a primary leader of
the decertification movement. However, we find
that the judge failed to consider certain relevant
evidence in reaching this conclusion. We first note
that the judge did not consider the findings he
made with respect to Vice President Paul Wala-
sek's conversation with employee Debby King. In
that conversation, according to the credited testi-
mony, Walasek told King that meetings would be
held to discuss the Union, that she would be asked
to sign the decertification petition, that McGuire
would be speaking to her, and that the Union
would be eliminated by 1 June. Soon therafter
McGuire arranged the meetings and King signed
the petition in McGuire's presence.
We also note that the judge did not make credi-
bility resolutions or other findings with respect to
employee Linda McKiever's conversation with
McGuire on 7 March 1983.3 McKiever testified
that Manager Janice Watts introduced her to
McGuire and told her that McGuire wanted to
speak with her. According to McKiever, McGuire
then promised her benefits and asked her to sign
the decertification petition. McGuire disputes
McKiever's version of the incident.
In addition, we note that the judge did not make
credibility resolutions or other findings with re-
spect to employee Eleanor Wilson's conversations
with McGuire on 3 March. Wilson testified that
' Unless otherwise specified, all dates herein refer to 1983.
Walasek told her that McGuire wanted to see her,
and that McGuire then took her to lunch, asked
her to list employees who might support decertifi-
cation, and encouraged her to help Walasek.
McGuire and Walasek dispute Wilson's version of
the incident.
We find that all of these incidents are relevant to
determining whether McGuire acted as the Re-
spondent's agent. We shall therefore remand this
proceeding to the judge to make findings concern-
ing the incidents involving Linda McKiever and
Eleanor Wilson. We also instruct the judge to con-
sider whether McGuire acted as the Respondent's
agent in light of these findings, his previous find-
ings concerning Walasek's conversation with
Debby King, and the other evidence which he con-
sidered in his decision.
In view of his conclusion that McGuire was not
an agent, the judge found it unnecessary to make
credibility resolutions and other findings concern-
ing McGuire's allegedly unlawful conduct at the
employee meetings on 7 and 8 March, and con-
cerning her allegedly unlawful conversations with
individual employees. We instruct the judge to
make such findings in the event that he finds that
McGuire acted as the Respondent's agent. Even in
the event that he reaffirms his conclusion that
McGuire was not an agent, we instruct him to
make findings, in the alternative, concerning her al-
legedly unlawful conduct.
We also instruct the judge to issue a supplemen-
tal decision and recommended Order setting forth
his findings and conclusions. We shall not order
the taking of new evidence, and we instruct the
judge to base his findings and conclusions on evi-
dence which already has been adduced. After the
issuance of the supplemental decision and recom-
mended Order, the provisions of Section 102.46 of
the Board's Rules and Regulations shall apply.2
ORDER
It is ordered that this proceeding be remanded to
Administrative Law Judge Joel P. Biblowitz to
make findings and conclusions concerning the inci-
dents involving Linda McKiever and Eleanor
Wilson, and to consider whether McGuire acted as
the Respondent's agent in light of these findings,
his previous findings concerning Walasek's conver-
sation with Debby King, and the other evidence
which he considered in his decision.
IT IS FURTHER ORDERED that the judge make
findings and conclusions with respect to McGuire's
allegedly unlawful conduct.
a We shall reach the other issues in this proceeding after the judge has
issued a supplemental decision and recommended Order.
278 NLRB No. 75
SHERWOOD DIVERSIFIED SERVICES 473
IT IS FURTHER ORDERED that the judge issue a which the provisions of Section 102.46 of the
supplemental decision and recommended Order, to Board's Rules and Regulations, shall apply.