Economics Laboratory, Inc

668 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Economics Laboratory , Inc and Highway and Local Motor Freight Drivers, Dockmen & Helpers, Local Union No 701 a/w International Broth- erhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, AFL-CIO I Case 22-CA-15086 April 14, 1989 SUPPLEMENTAL DECISION AND ORDER AND CERTIFICATION OF RESULTS OF ELECTION BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND DEVANEY On October 13, 1987, the National Labor Rela- tions Board issued a Decision and Order2 in the above-entitled proceeding in which it granted the General Counsel's Motion for Summary Judgment, found that the Respondent had violated Section 8(a)(1) and (5) of the National Labor Relations Act, and ordered the Respondent to cease and desist from its unlawful conduct and take certain affirmative action to remedy the unfair labor prac- tices Thereafter, the General Counsel filed an ap- plication for enforcement of the Board's Order with the United States Court of Appeals for the Third Circuit On September 27, 1988, the court denied the Board's application for enforcement 3 In denying enforcement, the court found that in the underlying representation proceeding , the Acting Regional Di- rector had been presented with "abundant" and "overwhelming" evidence that the employment of the four individuals who were on long-term disabil- ity and whose eligibility to vote in the underlying representation election was at issue had been termi- nated Accordingly, the court found, contrary to the Board, that the Acting Regional Director's de- ' On November 1 1987 the Teamsters International Union was read mitted to the AFL-CIO Accordingly the caption has been amended to reflect that change 2 286 NLRB No 66 (unpublished) 3 857 F 2d 931 (3d Cir 1988) termination that these four individuals were eligible to vote was arbitrary and capricious The National Labor Relations Board has delegat ed its authority in this proceeding to a three- member panel Having accepted the court's decision, and apply- ing the court's decision as the law of the case, we shall vacate our Decision and Order in Case 22- CA-15086 and dismiss the complaint We shall reopen the underlying representation proceeding in Case 22-RD-859, revoke the Certification of Rep- resentative issued in that proceeding, and issue a certification of results of election 4 ORDER IT IS ORDERED that the Decision and Order issued October 13, 1987, in Case 22-CA-15086 is vacated and that the complaint is dismissed IT IS FURTHER ORDERED that Case 22-RD-859 is reopened, and that the Certification of Representa- tive issued to the Union on June 3, 1987, in that proceeding is revoked CERTIFICATION OF RESULTS OF ELECTION IT IS CERTIFIED that a majority of the valid bal- lots have not been cast for Highway and Local Motor Freight Drivers, Dockmen & Helpers, Local Union No 701 a/w International Brother hood of Teamsters , Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, and that it is not the exclusive representative of these bargaining unit employees * The original tally of ballots showed 50 for and 50 against the Union with 4 determinative challenged ballots cast by the individuals on long term disability at issue here Following the Acting Regional Directors overruling of the four challenged ballots a Certification of Representa tive was issued based on the revised tally of 54 for and 50 against the Union Given the court s finding that the four individuals were ineligible to vote in the election we sustain the challenges to their ballots Because the resulting tally of 50 for and 50 against the Union shows that the Union failed to receive a majority we shall issue a certification of results of election 293 NLRB No 84