Plastic Film Products Corp.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Plastic Film Products Corp. and Cleveland Joint Board, Amalgamated Clothing and Textile Work- ers Union, AFL-CIO. Case 8-CA-10335 September 30, 1977 ORDER REMANDING PROCEEDING TO ADMINISTRATIVE LAW JUDGE BY CHAIRMAN FANNING AND MEMBERS PENELLO AND MURPHY Hearing upon the complaint herein was held before Administrative Law Judge Benjamin K. Blackburn on December 13 to 16, 1976; and January 24 to 28, February 28 to March 1, and March 14 to 17, 1977. At the conclusion of the hearing, the Administrative Law Judge indicated his intention to issue an oral Decision. All parties objected to the oral procedure and to a waiver of the right to file briefs. Thereafter, the Administrative Law Judge entered a decision on the record which encompassed his findings of fact, conclusions of law, and recommended Order. Gener- al Counsel, Charging Party, and Respondent filed exceptions. General Counsel and. Respondent except to the issuance of an oral decision. The Board having duly considered the matter finds that, by reading his decision into the record, the Administrative Law Judge has not satisfactorily complied with the requirements of Section 10(c) of the National Labor Relations Act, as amended, and Section 102.45 of the Board's Rules and Regulations, as amended, with regard to the preparation of a written decision. The I Member Murphy agrees that the Board's Rules and Regulations, as currently promulgated. preclude the procedure followed by the Administra- tive Law Judge herein inasmuch as all parties declined to waive the filing of briefs. Accordingly. she reluctantly concurs in the order to remand the case to the Administrative Law Judge. However, she commends the Administrative L.aw Judge on his effort to expedite the decisionmaking process and thus to avoid any unnecessary and unwarranted delay to parties availing themselves of the Board's processes. Member Murphy further finds that the issuance of an oral decision, under different circumstances, would constitute an entirely proper procedure which would fully protect all due process rights of the parties. Full and tfair consideration upon all material issues of fact. law, or discretion presented on the record, following full opportunity to be heard and to examine and cross- Board further finds that the procedure followed herein does not comply with the requirements of Section 102.42 of the Board's Rules and Regulations, as amended, which provides that the parties, upon request made before the close of the hearing, "are entitled" to file briefs and/or proposed findings and conclusions with the Administrative Law Judge. While the Board normally applauds any innovative effort to expedite the decisional process, we do not do so as here, at the expense of depriving the parties of due process of law as provided by the Board's Rules and Regulations and where, ultimately, the net result is to contribute to further and undue delay in the issuance of a Board decision.' Pursuant to Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Accordingly, it is hereby ordered that the above- entitled proceeding be, and it hereby is, remanded to Administrative Law Judge Benjamin K. Blackburn for the preparation and issuance of a written decision in accordance with the terms of Section 102.45 of the Board's Rules and Regulations, as amended. Prior to the issuance of such decision, all parties shall be accorded a reasonable time for filing of briefs and/or proposed findings and conclusions in accordance with Section 102.42 of the Board's Rules and Regulations, as amended. Following service of the written decision on the parties, the provisions of Section 102.46 of the Board's Rules and Regulations shall be applicable. examine witnesses, is in no mannerjeopardized by a decision rendered from the bench. Indeed, such a procedure has long been practiced throughout the Federal system by the distinct courts without interference with either substantive or procedural due process rights of the parties. Of course. such oral decision must be in strict compliance with the provisions of Sec. 102.45 of the Board's Rules and Regulations requiring the Administrative Law Judge to set forth his findings of fact. conclusions. and the reasons or basis therefor. Thus. adequate compliance with Sec. 102.45 requires that a decision rendered from the bench be a self-contained document which satisfies the underlying policy respecting the requirements set forth in that section: to provide a clear and cogent explanation to the parties involved as to the basis for the decision; to give guidance to parties similarly situated; and to provide a basis for review by the Board and ultimately by the courts. 232 NLRB No. 115 722