Alson Industries, Inc.

662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Alson Manufacturing Aerospace Division of Alson In- dustries, Inc. and International Union, United Auto- mobile, Aerospace and Agricultural Implement Workers of America, U.A.W., Local 509. Case 21- CA-12363 July 30, 1974 ORDER DENYING MOTIONS By MEMBERS JENKINS, KENNEDY, AND PENELLO On June 24, 1974, the National Labor Relations Board issued a Decision and Order in the above-enti- tled proceeding,' finding that the Respondent had en- gaged in and was engaging in certain unfair labor practices in violation of Section 8(a)(5) and (1) of the National Labor Relations Act, as amended, and or- dering that the Respondent cease and desist there- from and take certain affirmative action to remedy such unfair labor practices. Thereafter, on June 27, 1974, the Respondent filed a motion to stay Board proceedings in Case 21- CA-12363 and to reopen Board proceedings in Case 21-RC-13252 based upon an alleged lack of a quo- rum of the Board Panel which issued the Decision and Certification of Representative in Case 21-RC-132 52, and upon the Respondent's exceptions and sup- porting brief to the Regional Director's Report on Objections, which, inter alia, requested a hearing on its objections. Since the Board's Decision and Order has already been issued, the Respondent's motion to stay and reopen will be considered as a motion for '211 NLRB No. 134 (1974). Reconsideration of the aforesaid Decision and Or- der.2 The Second Circuit's decision in KFC National Management Corporation v. N.L.R.B., 497 F.2d 298 (C.A. 2, 1974), upon which the Respondent relies to support its quorum contention, involved the Board's denial of a Request for Review and a Motion for Reconsideration of the Regional Director's decision overruling election objections and certifying the Union and the implementation of such rulings by an order of the Board's Executive Secretary. In the un- derlying representation proceeding and in the instant unfair labor practice proceeding, the individual Board members of the panel personally approved, by nota- tion, the draft opinions submitted to them with rec- ommendations and thereafter the panel issued the Decision and Certification of Representative in Case 21-RC-13252 on December 4, 1973, and the Decision and Order in the instant proceeding on June 24, 1974. The Second Circuit's decision in KFC is thus inappo- site and inapplicable to the situation where, as here, the Board panel members have individually noted their approval of the decisions. With respect to the Respondent's exceptions and request for a hearing on its objections, the Respon- dent raises nothing new that was not previously con- sidered by the Board panel in its Decision and Order herein. In these circumstances, the Respondent's Mo- tions for Reconsideration and contentions in support thereof are found to be lacking in merit and the Mo- tions for Reconsideration will be denied. ORDER It is hereby ordered that the Respondent's Motions for Reconsideration be, and they hereby are, denied. 2 Thereafter, the Respondent filed a Motion for Reconsideration in Case 21-CA-12363 in which it basically reiterates the lack-of-quorum argument. 212 NLRB No. 100