Sherwood Diversified Services, Inc.

472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Federated Answering Service, a Division of Sher- wood Diversified Services, Inc. and United Telephone Answering and Communication Serv- ice Union, Local 780. Cases 2-CA-19496-1, 2- CA-19496-2, and 2-CA-19496-4 10 February 1986 ORDER REMANDING BY CHAIRMAN DOTSON AND MEMBERS DENNIS AND BABSON On 9 July 1984 Administrative Law Judge Joel P. Biblowitz issued a decision in this proceeding. The Respondent filed exceptions and a supporting brief, and the General Counsel and the Charging Party filed cross-exceptions and briefs in support of their cross-exceptions and in response to the Re- spondent's exceptions. The Respondent also filed an answering brief to the cross-exceptions of the General Counsel and the Charging Party. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The judge concluded, inter alia, that Marilyn McGuire did not act as the Respondent's agent when she assumed her role as a primary leader of the decertification movement. However, we find that the judge failed to consider certain relevant evidence in reaching this conclusion. We first note that the judge did not consider the findings he made with respect to Vice President Paul Wala- sek's conversation with employee Debby King. In that conversation, according to the credited testi- mony, Walasek told King that meetings would be held to discuss the Union, that she would be asked to sign the decertification petition, that McGuire would be speaking to her, and that the Union would be eliminated by 1 June. Soon therafter McGuire arranged the meetings and King signed the petition in McGuire's presence. We also note that the judge did not make credi- bility resolutions or other findings with respect to employee Linda McKiever's conversation with McGuire on 7 March 1983.3 McKiever testified that Manager Janice Watts introduced her to McGuire and told her that McGuire wanted to speak with her. According to McKiever, McGuire then promised her benefits and asked her to sign the decertification petition. McGuire disputes McKiever's version of the incident. In addition, we note that the judge did not make credibility resolutions or other findings with re- spect to employee Eleanor Wilson's conversations with McGuire on 3 March. Wilson testified that ' Unless otherwise specified, all dates herein refer to 1983. Walasek told her that McGuire wanted to see her, and that McGuire then took her to lunch, asked her to list employees who might support decertifi- cation, and encouraged her to help Walasek. McGuire and Walasek dispute Wilson's version of the incident. We find that all of these incidents are relevant to determining whether McGuire acted as the Re- spondent's agent. We shall therefore remand this proceeding to the judge to make findings concern- ing the incidents involving Linda McKiever and Eleanor Wilson. We also instruct the judge to con- sider whether McGuire acted as the Respondent's agent in light of these findings, his previous find- ings concerning Walasek's conversation with Debby King, and the other evidence which he con- sidered in his decision. In view of his conclusion that McGuire was not an agent, the judge found it unnecessary to make credibility resolutions and other findings concern- ing McGuire's allegedly unlawful conduct at the employee meetings on 7 and 8 March, and con- cerning her allegedly unlawful conversations with individual employees. We instruct the judge to make such findings in the event that he finds that McGuire acted as the Respondent's agent. Even in the event that he reaffirms his conclusion that McGuire was not an agent, we instruct him to make findings, in the alternative, concerning her al- legedly unlawful conduct. We also instruct the judge to issue a supplemen- tal decision and recommended Order setting forth his findings and conclusions. We shall not order the taking of new evidence, and we instruct the judge to base his findings and conclusions on evi- dence which already has been adduced. After the issuance of the supplemental decision and recom- mended Order, the provisions of Section 102.46 of the Board's Rules and Regulations shall apply.2 ORDER It is ordered that this proceeding be remanded to Administrative Law Judge Joel P. Biblowitz to make findings and conclusions concerning the inci- dents involving Linda McKiever and Eleanor Wilson, and to consider whether McGuire acted as the Respondent's agent in light of these findings, his previous findings concerning Walasek's conver- sation with Debby King, and the other evidence which he considered in his decision. IT IS FURTHER ORDERED that the judge make findings and conclusions with respect to McGuire's allegedly unlawful conduct. a We shall reach the other issues in this proceeding after the judge has issued a supplemental decision and recommended Order. 278 NLRB No. 75 SHERWOOD DIVERSIFIED SERVICES 473 IT IS FURTHER ORDERED that the judge issue a which the provisions of Section 102.46 of the supplemental decision and recommended Order, to Board's Rules and Regulations, shall apply.