Custom Recovery, Division of Keystone Resources

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Custom Recovery, Division of Keystone Resources, Inc. and United Steelworkers of America, AFL- CIO-CLC, Petitioner. Case 10-RC- 10569 September 27, 1979 SUPPLEMENTAL DECISION, ORDER, AND CERTIFICATION OF RESULTS BY CHAIRMAN FANNING AND MEMBERS PENELLO AND TRUESDALE Pursuant to a Decision and Direction of Election, an election was conducted in this proceeding on March 19, 1976.' On June 16, 1977, the Board set aside the election because of preelection conduct by the Employer found to constitute unfair labor prac- tices in Case 10-CA-11825, a consolidated case.2 Subsequently, the United States Court of Appeals for the Fifth Circuit denied enforcement of the Board's Order in Case 10-CA-11825.3 Thereafter, the Em- ployer filed a motion to vacate decision and to certify results of election. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- I The tally of ballots showed that 33 ballots were cast for, and 37 ballots were cast against, the Petitioner. There remain two unresolved challeged ballots, a number insufficient to affect the results. 2 230 NLRB 247 (1977). 3 Custom Recovery, Division of Keystone Resources, Inc. v. N.L.R.B., 597 F.2d 1041 (5th Cir. 1979). tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. In denying enforcement of the Board's Order in Case 10-CA-11825, the court found, contrary to the Board, that the Employer neither interrogated an em- ployee nor unlawfully threatened to discharge him for engaging in union activity during worktime. Since the court found that the Employer's conduct did not vio- lated the Act, and that was the basis upon which the Employer was alleged and found by the Board to have interfered with the holding of a fair election, we shall vacate our Direction of Second Election and certify the results of the election conducted on March 19, 1976. ORDER It is hereby ordered that Case 10-RC-10569 be, and it hereby is, severed from Case 10-CA-1 185 and that the Direction of Second Election in 230 NLRB 247 (1977) be, and it hereby is, vacated. CERTIFICATON OR RESULTS OF ELECTION It is hereby certified that a majority of the valid ballots have not been cast for United Steelworkers of America, AFL-CIO-CLC, and that said labor or- ganization is not the exclusive representative of all the employees, in the unit herein involved, within the meaning of Section 9(a) of the National Labor Rela- tions Act, as amended. 245 NLRB No. 72 512