Comcast Cablevision-Taylor - Decision Summary

Comcast Cablevision-Taylor (7-CA-42054, 7-RC-21365; 338 NLRB No. 166) Taylor, MI April 30, 2003. In a supplemental decision, the Board ordered a second election in the underlying representation proceeding, Case 7-RC-21365, and vacated the decision and order in Case 7-CA-42054 (328 NLRB No. 160 (1999)). The instant case is in response to a decision by the U. S. Court of Appeals for the Sixth Circuit, Comcast Cablevision-Taylor v. NLRB, 232 F.3d 490 (6th Cir. 2000), which granted the Respondent's petition for review and denied enforcement of the Board's prior order. The court agreed with the Respondent's contention and found that the Union impermissibly interfered with the election by offering to employees, during the critical period, a free weekend trip to Chicago (which cost the Union approximately $50 for each of the employees who attended) on the weekend following the election. Accordingly, the court concluded that the Board erred in not setting aside the election held on August 27, 1998, which was won by the Union. The decision is by Members Liebman, Walsh, and Acosta.

In a concurring opinion, Member Acosta stated in part:

Our Supplemental Decision...is based on law of the case, and does not consider whether precedent inconsistent with Owens-Illinois remains good law, or, for that matter, whether Owens-Illinois remains good law. (Broward County Health Corp., 320 NLRB 212, 213 fn. 7 (1995) ("Chairman Gould would not rely [on Owens-Illinois] because he believes that the opinion in that case does not withstand scrutiny.")) This confusion may provide a basis for courts of appeals to deny enforcement in the future. The Board should address and reconcile case law on this issue.

(Members Liebman, Walsh, and Acosta participated.)