Super Tire Corp.

National Labor Relations Board - Board Decisions

Nov 13, 1979

246 N.L.R.B. 453 (N.L.R.B. 1979)

SUPER TIRE CORPORATION
Super Tire Corporation and Joseph Aspell. Case 8-
CA-9743
November 13, 1979
ORDER VACATING DECISION AND ORDER
AND REMANDING CASE FOR FURTHER
PROCEEDINGS
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND PENEI.LO
On January 12, 1977, the National Labor Relations
Board issued a Decision and Order in the above-enti-
tled proceeding,' adopting the Administrative Law
Judge's finding that Respondent violated Section
8(a)(1) of the National Labor Relations Act, as
amended, by discharging 11 employees for striking to
protest working conditions which they considered to
be objectionable. As a remedy for the unfair labor
practices found, the Board ordered Respondent to
cease and desist therefrom and to take certain affir-
mative action. Thereafter, the Board filed a petition
for enforcement of its Order with the United States
Court of Appeals for the Sixth Circuit.
On June 20, 1979, the court issued an order deny-
ing enforcement of the Board's Order.2 The court
found that the Administrative Law Judge displayed
bias against Respondent which rendered suspect his
credibility determinations and that the Board ac-
cepted the Administrative Law Judge's findings
"without making a thorough reevaluation of the evi-
dence presented at the hearing." Accordingly, the
court ordered that the Board's Order be vacated and
the case be remanded for further proceedings before
' 227 NLRB 949
2 N.L.R. B v. Super Tire Corporation. 599 F.2d 792.
453
another administrative law judge. On July 27, 1979,
the court denied the Board's petition for rehearing.
Thereafter, the Board accepted the court's remand
and notified the parties that they could file statements
of position. Respondent filed a statement of position.
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.
In view of the foregoing, including the court's opin-
ion and the entire record in this case, we accept the
court's findings and, accordingly, we hereby vacate
our previous Decision and Order and remand this
case to another administrative law judge to consider
the issues de novo.
It is hereby ordered that the Board's previous Deci-
sion and Order in this proceeding be, and it hereby is,
vacated.
IT IS FURTHER ORDERED that a hearing de novo be
conducted on the allegations set forth in the com-
plaint before an administrative law judge. other than
the Administrative Law Judge who conducted the
original hearing, to be designated by the Chief Ad-
ministrative Law Judge.
IT IS FURTHER ORDERED that the above-entitled
proceeding be, and it hereby is, remanded to the Re-
gional Director for Region 8 for the purpose of ar-
ranging such hearing, and that said Regional Director
be, and he hereby is, authorized to issue notice
thereof.
IT IS FURTHER ORDERED that, upon the conclusion
of such hearing, the administrative law judge shall
prepare and serve on the parties a Decision contain-
ing findings of fact, conclusions of law, and recom-
mendations based on the evidence received and that,
following service of such Decision on the parties, the
provisions of Section 102.46 of the Board's Rules and
Regulations, Series 8, as amended, shall be appli-
cable.
246 NLRB No. 73