Santee River Wool Combing Co., Inc.

SANTEE RIVER WOOL COMBING CO. 19 Santee River Wool Combing Company, Inc. and Amalgamated Clothing and Textile Workers Union of America, AFL-CIO.' Cases 11-CA-6036 and 11-RC-3575 December 7, 1976 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF SECOND ELECTION BY MEMBERS FANNING, JENKINS, AND WALTHER On June 26, 1975, the National Labor Relations Board issued a Decision and Order in the above- entitled proceeding2 in which it found that Santee River Wool Combing Company, Inc., herein called the Respondent, had engaged in and was engaging in certain unfair labor practices in violation of Section 8(a)(1) and (5) of the National Labor Relations Act, as amended, and ordering the Respondent to cease and desist therefrom and to bargain with the Textile Workers Union of America, AFL-CIO, herein called Union, as the exclusive bargaining representative of certain of the Respondent's employees in an appro- priate unit for which it was certified by the Board's May 10, 1974, Decision, Order, and Certification of Representative in Case 11-RC-3575.3 Thereafter, the Board filed an application for enforcement with the United States Court of Appeals for the Fourth Circuit for the enforcement of its Order. On June 10, 1976, the court denied the application for enforcement,4 finding that the elec- tion in Case 11-RC-3575 must be set aside because of the Union's misconduct. Pursuant to the provisions of 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. The Board, having duly considered the matter, has decided to accept the court's decision. ORDER It is hereby ordered that the Decision and Order herein issued on June 26, 1975, be, and it hereby is, vacated. IT IS FURTHER ORDERED that the General Counsel's Motion for Summary Judgment be, and it hereby is, denied. IT IS FURTHER ORDERED that the complaint herein be, and it hereby is, dismissed. IT IS FURTHER ORDERED that the Board's May 10, 1974, Decision, Order and Certification of Represen- tative in Case I1-RC-3575 and the certification issued to the Union therein be, and they hereby are, vacated and revoked. IT IS FURTHER ORDERED that the election conducted on October 12 and 13, 1972, in Case 11-RC-3575 be, and it hereby is, set aside and that Case I 1-RC-3575 be, and it hereby is, remanded to the Regional Director for Region 11 to conduct a second election as directed herein. [Direction of Election and Excelsior footnote omit- ted from publication.] I The name of the Union is amended to reflect the new name resulting from the merger of Amalgamated Clothing Workers and Textile Workers Union of America , AFL-CIO, effective June 2, 1976 2 218 NLRB 925. 3 210 NLRB 530. 4 537 F 2d 1208 227 NLRB No. 4