Efcor Die Casting Corp.

EFCOR DIE CASTING CORP. Efcor Die Casting Corporation and International Brotherhood of Electrical Workers, AFL-CIO, Local Union 108 Efcor Die Casting Corporation and John B. Gifford, et al., Petitioner and International Brotherhood of Electrical Workers, AFLCIO, Local Union 108. Cases 12-CA-7241 and 12-RD-347 August 10, 1977 ORDER WITHDRAWING CHARGE; DIRECTION OF SECOND ELECTION BY CHAIRMAN FANNING AND MEMBERS PENELLO AND MURPHY On April 19, 1977,1 Administrative Law Judge James L. Rose issued his Decision in these consoli- dated cases, finding that the Respondent had violated Section 8(a)(1) of the Act and interfered with the election held pursuant to a Stipulation for Certification Upon Consent Election in Case 12- RD-347. The Administrative Law Judge recom- mended that Respondent take specific action to remedy the unfair labor practices and that the election be set aside and a new election conducted. ' The Administrative Law Judge inadvertently erred by dating his Decision April 19, 1976. 2 In view of the agreement by Employer and Petitioner that a fair On June 17, 1977, Petitioner, Charging Party, and Respondent Employer filed a joint motion with the Board stating that Respondent Employer agrees to withdraw its motion to strike or reopen the record and its statement of exceptions to the Administrative Law Judge's Decision, Charging Party requests permission to withdraw its charge, and all three request that a new election be conducted in Case 12- RD-347. Petitioner, Charging Party, and Respon- dent Employer further agree that a fair election may be held at this time. On June 21, 1977, counsel for the General Counsel filed his position regarding the joint motion stating that he does not oppose approval by the Board. 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. In the absence of any opposition thereto and as it appears that such a judgment will effectuate the policies and purposes of the Act, the motion is hereby granted. Therefore, it is hereby ordered that the complaint be, and it hereby is, dismissed. [Direction of Second Election 2 and Excelsior footnote omitted publication.] election may be held at the present time, we expect that the election will be held as early as possible and within the maximum of 30 days usually allowed from the date of decision to the date of direction for a first election. 231 NLRB No. 48 263