Chester Valley, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Chester Valley, Inc. and Local 445, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Cases 2-CA-16163 and 2-RC-18160 March 10, 1983 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF SECOND ELECTION BY MEMBERS JENKINS, ZIMMERMAN, AND HUNTER On August 27, 1980, the National Labor Rela- tions Board issued a Decision and Order in the above-entitled proceeding,' finding in Case 2-CA- 16163 that the Employer had violated Section 8(a)(1) of the Act, and ordering as part of the remedy that the Employer bargain upon request with the Union as the exclusive representative of employees in the appropriate unit. In Case 2-RC- 18160 the Board sustained certain objections, set aside the results of an election which had been held on January 16, 1979, and dismissed the petition. On June 22, 1981, the United States Court of Appeals for the Second Circuit issued a decision 2 granting enforcement of the Board's order in part, but denying enforcement of other parts, including the bargaining requirement. By letter dated September 1, 1982, the Board in- formed the parties that in light of the court's refus- al to enforce the bargaining order, it was consider- ing direction of a new election, and invited them to file statements of position. The Union and the Em- ployer filed statements, in which the Union re- quested an election and the Employer opposed one. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- ' 251 NLRB 1435. 2 652 F.2d 263. tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board, having duly considered the matter, accepts the court's opinion as the law in Case 2- CA-16163. As the bargaining order in that case has not been enforced, the question of the representa- tion of employees raised by the Union's petition in Case 2-RC-18160 is unresolved, and we shall give the employees an opportunity to decide the ques- tion by means of a second election.3 We reject the Employer's argument that conduct of a new elec- tion would contravene the purposes of the Act be- cause of the lapse of time since the petition was filed and the intervening contraction of the bar- gaining unit and turnover of employees. 4 We also reject its contention that a current showing of in- terest is required.5 The results of the election will reveal the desires of the present employees as to representation by the Union. ORDER It is hereby ordered that the petition in Case 2- RC-18160 be, and it hereby is, reinstated, and that Case 2-RC-18160 be, and it hereby is, remanded to the Regional Director for Region 2 to conduct the second election directed below. [Direction of Second Election and Excelsior foot- note omitted from publication.] 3 In its original decision in this case the Board set aside the election of January 16, 1979, upon the basis of Employer interference which consist- ed of conduct in violation of Sec. 8(a)(1) during the preelection period. The court did not agree with the Board's finding that certain wage in- creases during the period violated the Act. However, the remaining con- duct upon which the Board relied in finding interference was substantial and established the merit of the objections to the election. 4 For the Board's practice to direct an election when a substantial and representative segment of the bargaining unit is employed, see General Cable Corporation, 173 NLRB 251 (1968), and Gibson Electric, Inc., 226 NLRB 1063 (1976). 5 See Provincial House, Inc., 236 NLRB 926 (1978). 266 NLRB No. 73 480