S. S. Kresge Co.

510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD K-Mart, a Division of S. S . Kresge Company; Gallenkamp Stores Co .; Mercury Distributing Company; Acme Quality Paints : F & G Merchan- dising ; Hollywood Hat Co .; and Besco Enterprises, Inc. and Retail Clerks Union Local #770, Re- tail Clerks International Association , AFL-CIO, Petitioner. Cases 21-CA-6937 and 21-RC-9309 October 31, 1968 SUPPLEMENTAL ORDER AND DIRECTION OF SECOND ELECTION BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND ZAGORIA On December 30, 1966, the National Labor Rela- tions Board issued a Decision and Order' in the above-entitled complaint proceeding in which the Board found that the Respondents refused to bargain with Local #770 in violation of Section 8(a)(5) and (1) of the National Labor Relations Act, as amended. The Board, therefore, issued an appropriate bar- gaining order. Thereafter, the Respondents petitioned the Court of Appeals for the Ninth Circuit to review and set aside the Board's Order. The court, although agreeing with the Board's unit determination and joint-employer finding, found, contrary to the Board, that certain literature prepared and distributed by the Union contained substantial campaign misrepresenta- tions which prevented a free choice on the part of the employees.' The court, therefore, reversed the Board's Decision in part, invalidated the election, and remanded the case for proceedings in accordance with its opinion. In considering the matter before us, we accept as the law of this case the court's findings and conclu- sions. The matter having been thus remanded to the Board, it is hereby ordered that the complaint in Case 21-CA-6937, insofar as it alleges that the Re- spondents have unlawfully refused to bargain with the Union, be, and hereby is, dismissed. IT IS FURTHER ORDERED that the proceeding in Case 21-RC-9309 be, and it hereby is, reopened and the Certification of Representatives issued by the Board on September 9, 1965, be, and it hereby is, vacated. IT IS FURTHER ORDERED that Case 21-RC-9309 be, and it hereby is, remanded to the Regional Director for Region 21 for the purpose of holding a second election. [Direction of Second Election omitted from pub- lication. ] 1 162 NLRB 498 2 Gallenkamp Stores Co v N L R.B., 402 F.2d 525 (C.A. 9). 173 NLRB No. 84