Ideal Market

344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Bean Bag Markets of Wyoming, Inc., d/b/a Ideal Market and Retail Clerks International Associa- tion, Local Union No. 187, AFL-CIO, Petitioner. Case 27-RC-4598 June 11, 1974 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND PENELLO On December 4, 1973, the National Labor Relat- ions Board issued a Decision and Certification of Representative in the above-entitled proceeding' in which it overruled exceptions filed by the Employer to the failure of the Regional Director to set aside the election because of an alleged waiver of initiation fees made by Petitioner prior to the election. Thereafter, the Employer filed a timely Motion for Reconsideration and Stay of Certification reiterating its earlier request that the election be set aside based on the Sixth Circuit's Savair decision.2 The motion also requested that the Board defer its decision on the motion until the Supreme Court had issued its I A decision in Case 27-RC-4598 not printed in bound volumes of Board Decisions. 2 N.L.RB. v. Savair Manufacturing Company, 470 F.2d 305 (C.A. 6, opinion on review. While this motion was pending before the Board, the Supreme Court issued its Savair decision.3 Thereafter, the Employer requested and was given permission to file an amended motion for reconsideration and to vacate certification. In its motion the Employer reiterated its earlier request that the election be set aside and a second election directed, without requesting a hearing. In support of its motion, the Employer attached two employee affidavits. On March 15, 1974, the Regional Director, as a result of his investigation, issued a Supplemental Report in which he recommended that the Employ- er's motions for reconsideration be denied. Having duly considered the matter, we hereby adopt the Regional Director's findings, conclusions, and recommendations for the reasons set forth in his Supplemental Report. Accordingly, the certification previously issued in this case is reaffirmed. ORDER It is hereby ordered that the Employer's motions be, and they hereby are, denied. 1972). 3 N.L.R.B. v. Savair Manufacturing Company, 414 U.S. 270 (1973). 211 NLRB No. 47