I.T.T. Semi-Conductors, Inc.

656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I.T.T. Semi-Conductors, Inc. and International Brotherhood of Electrical Workers, AFL-CIO, Petitioner. Case 12-RC-1975 February 19, 1969 ORDER GRANTING PETITION FOR REINSTATEMENT OF REPRESENTATION PETITION AND DIRECTION OF SECOND ELECTION BY MEMBERS FANNING, JENKINS, AND ZAGORIA On June 21, 1967, the National Labor Relations Board issued its Decision and Order in the above-entitled proceeding,' in which the Board found that the Respondent had violated Section 8(a)(1) of the National Labor Relations Act by means of threats, coercive interrogations, granting a wage increase during a period of organizational attempts by the employees, and promulgation and discriminatory enforcement of no-solicitation and no-distribution rules. The Board also found that the Respondent violated Section 8(a)(5) and (1) of the Act by its refusal to bargain with the Union which the Board had found had been designated by a majority of its employees. The Board, therefore, issued an appropriate bargaining order. It also set aside the election held December 17, 1964, and dismissed Case 12-RC-1975. Thereafter, the Respondent petitioned the Court of Appeals for the Fifth Circuit to review and set aside the Board's Order. The Board filed a cross-petition for enforcement of the Order. The court, although agreeing with the Board's Section 8(a)(1) findings, found, contrary to the Board, that the Union did not represent a majority of Respondent's employees and vacated and set aside '165 NLRB No. 98. The representation case was consolidated and considered with Cases 12-CA-3044, 12-CA-3089, and 12-CA-3225. that part of the Order directing bargaining with the Union.2 On November 27, 1968, the Union filed a petition with the Board requesting that the representation petition in Case 12-RC-1975 be reinstated and a second election directed. The Respondent filed a motion in opposition to the petition. The Board3 has duly considered the matter and is of the opinion that a second election should be held. In its original Decision and Order the Board found the Union's objections to the election meritorious and set aside the election. However, as the Board further found that the Respondent had unlawfully refused to bargain with the Union, a bargaining order was issued thereby obviating the necessity of a second election, and the representation case was dismissed. In view of the Fifth Circuit's decision, the basis for that dismissal no longer ` exists. Accordingly, IT IS HEREBY ORDERED that Case 12-RC-1975 be, and it hereby is, reopened, and that all prior proceedings held thereunder be, and they hereby are, reinstated, and that a second election be conducted pursuant to the direction below. [Direction of Second Election4 omitted from publication.] 'LT T. Semi-Conductors, Inc., v. N L.R,B.. 395 F 2d 257 (C A 5, 1968). 'Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers an connection with this case to a three-member panel. 'An election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 12 within 7 days after the date of issuance of the Notice of Second Election by the Regional Director The Regional Director shall make the list available to all parties to the election. No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed Excelsior Underwear Inc., 156 NLRB 1236.