Vanden Brink Meat Co.

National Labor Relations Board - Board Decisions

Jul 27, 1988

289 N.L.R.B. 1289 (N.L.R.B. 1988)

VANDEN BRINK MEAT CO. 1289
Vanden Brink Meat Company and General Team-
sters Union Local 406, International Brother-
hood of Teamsters , Chauffeurs, Warehousemen
and Helpers of America , AFL-CIO.1 Case 7-
CA-25102
July 27, 1988
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
BABSON AND CRACRAFT
On August 11, 1986, the Board issued a Decision
and Order in this case , 2 finding that the Respond-
ent violated Section 8(a)(5) and (1) of the Act by
refusing to bargain with the Union that had been
certified on July 30, 1985 , as the exclusive bargain-
ing representative of the Respondent's production
and maintenance employees .3 On November 2,
1987, the United States Court of Appeals for the
Sixth Circuit vacated the Board's order, holding
that the Board erred in overruling the Respond-
ent's objections to the election , in the underlying
representation case.4
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
' On November 1, 1987, the Teamsters International Union was read-
mitted to the AFL-CIO. Accordingly, the caption has been amended to
reflect that change.
a 281 NLRB 39.
s The Board's Decision and Certification of Representative in Case 7-
RC-17444 is not included in bound volumes of Board decisions
* Nos. 86-5965 , 86-6074.
In its objections the Respondent contended,
among other things, that the Union had offered to
waive or reduce its initiation fee contingent on em-
ployees' demonstrating their support for the Union
before the election . After a hearing on objections,
the Board found that the waiver objection lacked
merit . It was the court's view, which we have ac-
cepted as the law of the case, that there was not
substantial evidence to support the Board 's decision
overruling the objection . Under this view, the
Union should not have been certified on the basis
of the election results, and no bargaining order
should have issued.
Accordingly, we will dismiss the complaint in
this case , reopen the representation case , revoke
the certification, and remand that case to the Re-
gional Director for Region 7 for appropriate action
consistent with this decision , including the direc-
tion of a new election if the Union wishes to pro-
ceed to a new election.
ORDER
The National Labor Relations Board orders that
the original decision in this case (281 NLRB 39) is
vacated and the complaint is dismissed.
IT IS FURTHER ORDERED that Case 7-RC-17444
is reopened , the certification issued in that case is
revoked, and the case is remanded to the Regional
Director for Region 7 for appropriate action con-
sistent with this decision, including the direction of
a new election if desired by the Union.
289 NLRB No. 168