Island Spring, Inc.

ISLAND SPRING Island Spring, Inc. and John R. Olson, Petitioner and Service Employees International Union, Local 6, AFL-CIO-CLC. Case 19-RD-1950 11 March 1986 RULING ON ADMINISTRATIVE ACTION BY CHAIRMAN DOTSON AND MEMBERS DENNIS, JOHANSEN, BABSON, AND STEPHENS The Employer's request for review of the Re- gional Director's administrative dismissal of the pe- tition is granted as it raises substantial issues war- ranting review. Having considered the matter, the Board concludes that the petition should be rein- stated. The unfair labor practice allegations upon which the Regional Director based his dismissal have been resolved pursuant to an informal settlement agreement, the Employer has fully complied with the settlement agreement, and the unfair labor practice case has been closed by the Regional Office. Under these circumstances, it is appropriate 913 to reinstate the petition. See Passavant Health Center, 278 NLRB 483 ( 1986). Although the settle- ment agreement in Passavant contained a nonadmis- sion clause, the absence of such a clause in the in- stant case does not warrant a contrary result. Here, as in Passavant, the Employer has neither admitted the charges nor been found in violation of the Act. Accordingly, the petition is reinstated and the matter is remanded to the Regional Director with instructions that he open and count the ballots cast in the 16 August 1983 election and thereafter issue the appropriate certification. Chairman Donald L . Dotson, concurring in the result, agrees that the petition should be reinstated as he does not regard the unfair labor practice alle- gations as sufficiently serious to interfere with the election. Member Wilford W. Johansen, dissenting, would affirm the Regional Director's administra- tive dismissal of the petition, as he dissented in Pas- savant and views the unfair labor practice allega- tions as evidencing a repudiation of the Employer's collective-bargaining obligations and, therefore, sufficiently serious to interfere with employees' free choice in the election. 278 NLRB No. 130