Andrew G. Grutka Bishop of Gary Indiana

AN[)REW (;. (RUTKA. BISHOP Of- GARY. INDIANA Andrew G. Grutka, Bishop of the Roman Catholic Diocese of Gary, Indiana and Robert A. Madsen. Andrew G. Grutka, Bishop of the Roman Catholic Diocese of Gary, Indiana and Lay Teachers Feder- ation of the Gary Diocese, Local 3493. American Federation of Teachers, Petitioner. Cases 13 CA 15445 and 13-RC-13855 June 25. 1979 SUPPLEMENTAL DECISION AND ORDER On September 29, 1978. the National Labor Rela- tions Board issued a Decision and Order in the above-entitled proceeding' in which the Board adopted the findings and conclusions of the Adminis- trative Law Judge as contained in his Decision dated January 10. 1978, and ordered that Respondent take the action set forth in the recommended Order of the Administrative Law Judge. The Board further or- dered that the election conducted on October 7, 1976. be set aside and the proceeding remanded to the Re- gional Director for Region 13 for the purpose of scheduling and conducting a second election. In his Decision, the Administrative Law Judge concluded. inter alia, that the Board had jurisdiction over lay teachers in Respondent's parochial schools. In its de- cision, the Board noted that the Supreme Court had granted its petition for certiorari in The Catholic Bishop of Chicago v. N.L.R.B.,2 and stated that it would continue to adhere to its decision in that case ' 238 NLRB 1643. 2 559 F.2d 1112 (7th Cir. 1977). denying enforcement of 224 NLRB 1221 (1976). until such time as the Supreme Court might deter- mine the issue. Subsequently on March 21. 1979. the Supreme Court issued its opinions in which it af- firmed the court of appeals' ruling denying enforce- ment to the Board's Order in that case. Thereafter. on April 13. 1979. the Board filed with the United States Court of Appeals for the Seventh Circuit a motion to withdraw the record in the instant proceeding pending reconsideration bh the Board. On April 17. 1979. the court of appeals granted the Board's motion and returned the record in this pro- ceeding to the Board for reconsideration in light of the Supreme Court's decision in .L..R.R. v. The Catholic Bisho o (hicago, supra. In its opinion in that case, involving a petition for a unit of lay teachers in church-operated secondary schools, the Supreme Court considered the issue in- volved herein and held that the Board did not have jurisdiction. Upon reconsideration of our prior Deci- sion herein, we conclude that our assertion of jurisdic- tion over Respondent cannot stand because it is con- trary to that holding of the Supreme Court. Accordingly. we shall dismiss the complaint in its en- tirety and shall dismiss the representation petition herein. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Rela- tions Board hereby orders that the complaint herein be. and it hereby is, dismissed in its entiret. Ir is t-URiliiR RI)tRIFI) that the petition filed in Case 13-RC 13855 he. and it hereby is, dismissed. V N L R B v The ( h,hl Bih,q ,1 ( h-ag,, 440() S 490 (1979). 243 NLRB No. 2