Freedom Wlne-Tv, Inc.

634 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Freedom WLNE-TV, Inc. and Donald T. Browne, Petitioner, and Local 1228, International Broth- erhood of Electrical Workers, AFL-CIO, Union. Case 1-RD-1542 June 15, 1989 DECISION ON REVIEW AND ORDER BY MEMBERS JOHANSEN , CRACRAFT, AND HIGGINS On September 29, 1988, the Regional Director for Region 1 issued a Decision and Direction of Election in which he found , inter alia, that the de- certification petition should be processed because there had been a sufficient time for the parties to engage in meaningful collective bargaining and be- cause there were no pending charges against the Employer. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, the Union filed a timely re- quest for review of the Regional Director's deci- sion. The Union asserted that the Regional Direc- tor should have dismissed the petition because there had not been sufficient time for good-faith bargaining. The election was conducted on Octo- ber 26, 1988, and the ballots were impounded. In an Order dated October 28, 1988, the Board grant- ed the Union's request for review. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Board has considered the entire record and concludes that the petition should be dismissed. In view of this decision , it is unnecessary to reach the other issues raised in the Union's request for review. The facts in this case are not in material dispute. When the Employer purchased WLNE-TV in 1983, there was an existing collective-bargaining agreement, which expired on August 16, 1983. Ne- gotiations for a new agreement began in July and continued through December 1983, when the Em- ployer made its final contract proposal. In January 1984, the Union filed unfair labor practice charges, and in March 1986, the Board affirmed an adminis- trative law judge's findings that the Employer vio- conditioning certain benefits on the ratification of a new agreement and for conditioning further move- ment in negotiations on conducting a ratification vote.' In June 1986, the case was closed on com- pliance. In July 1986 and January and May 1987, the Union filed additional charges alleging, respec- tively, failure to meet at reasonable times to bar- gain collectively, removal of union-related materi- als from the company bulletin boards, and unilater- al institution of multiple step increases. Complaints issued in each case. The cases were combined by the Regional Office and, in August 1987, the Em- ployer entered into an informal settlement agree- ment that contained a nonadmission clause and pro- vided for a notice to employees that stated, among other things, that it would not refuse to bargain in good faith with the Union. Following an unsuc- cessful challenge by the Union, the settlement was approved by the Board on December 31, 1987. The 60-day notice-posting period ran from January 8 to March 8, 1988. On February 11, 1988, during the posting period, the decertification petition was filed. There was no postsettlement bargaining ses- sion until May 15, 1988. On June 20, 1988, the Re- gional Director closed the case on compliance. Where an employer, pursuant to a settlement agreement, has agreed to bargain with the union, the employer must bargain with the union for a reasonable time, and no question concerning repre- sentation can be raised during this period. Shangri- La Health Care Center, 288 NLRB 33(1988); Poole Foundry & Machine Co., 95 NLRB 34, 36 (1951). Thus, no decertification petition can be entertained during this period. Los Angeles Tile Jobbers, 210 NLRB 789 (1974). Here, in light of the decertifica- tion petition having been filed prior to the Employ- er's satisfaction of its bargaining obligation pursu- ant to the settlement agreement, a reasonable period of time for bargaining had not elapsed before the petition was filed, and the petition must be dismissed. ORDER The petition is dismissed. lated Section 8(a)(1) and (5) by withholding and 1 278 NLRB 1293 (1986). 295 NLRB No. 69