Prestolite Wire Division, Eltra Corp.

PRESTOLITE WIRE DIVISION, ELTRA CORPORATION Prestolite Wire Division, Eltra Corporation and Inter- national Union, United Automobile, Aerospace and Agricultural Workers of America (UAW). Cases 7- CA-12848 and 7-RC-13057 May 18, 1979 DECISION AND ORDER DIRECTING HEARING BY CHAIRMAN FANNING AND MEMBERS JENKINS AND MURPHY Following the July 3, 1975, election which the Union won 59 to 55, with no challenged ballots, Re- spondent timely filed eight objections alleging im- proper conduct by both the Union and the Board agent conducting the election. The Regional Director conducted an investigation and, on September 1, 1975, issued his report to which Respondent timely filed exceptions and wherein he recommended that the objections be overruled in their entirety and that the Union be certified as the exclusive bargaining rep- resentative of the employees in the stipulated unit. After considering the Regional Director's report and the exceptions thereto, the Board, on January 30, 1976, issued its Decision and Certification of Repre- sentative in which it denied Respondent's request for a hearing on the objections, adopted the Regional Di- rector's report, and certified the Union. Respondent subsequently refused the Union's request to bargain, thereby initiating unfair labor practice charges which culminated in the Board's Decision and Order' where the Board again denied Respondent's request for a hearing on the matter because it viewed the request as an attempt to relitigate issues raised and resolved in the representation case, granted the General Coun- sel's Motion for Summary Judgment, found that Re- spondent unlawfully refused to bargain in violation of Section 8(a)(5) of the Act, and ordered it to bargain upon request. I Prestolite Wire Division, Eltra Corporation, 225 NLRB I (1976). On January 31, 1979, the United States Court of Appeals for the Sixth Circuit issued its decision in this proceedings wherein it denied enforcement of the Board's Order, set aside the certification, and re- manded the proceeding to the Board "with directions to refer [the issues raised by the objections to the elec- tion in Case 7-RC-13057] for hearing before a hear- ing officer as provided in 29 C.F.R. Sec. 109.69(f)" (Sec. 102.69(f) of the Board's Rules and Regulations and Statements of Procedure, Series 8, as amended.) Accordingly, we shall remand the proceeding to the Regional Director for Region 7 for hearing on the matter. ORDER It is hereby ordered that a hearing be held before a duly designated hearing officer from a region other than Region 7 for the purpose of receiving evidence to resolve the issues raised by the objections to the election in Case 7-RC-13057. IT IS FURTHER ORDERED that the hearing officer des- ignated for the purpose of conducting said hearing shall prepare and cause to be served on the parties a report containing resolutions of the credibility of wit- nesses, findings of fact, and recommendations to the Board as to the disposition of said objections. Within 20 days from the date of issuance of said report, any party may file with the Board in Washington, D.C., eight copies of exceptions thereto. Immediately upon the filing of said exceptions, the party filing same shall serve a copy thereof on each of the other parties and shall file a copy with the Regional Director. If no exceptions are filed thereto, the Board will adopt the recommendations of the hearing officer. IT IS FURTHER ORDERED that the above-entitled matter be, and it hereby is, remanded to the Regional Director for Region 7 for the purpose of arranging such hearing, and that said Regional Director be, and he hereby is, authorized to issue notice thereof. 2 Prestolite Wire Division, Eltra Corporation, 100 LRRM 2503. 85 LC ¶11 078 (6th Cir. 1979). 242 NLRB No. 68 407