Knogo Corp.

146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Knogo Corporation and Local 810, International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America Cases 29- CA-6502, 29-CA-6522, 29-CA-7081, 29-CA- 7207, 29-CA-7360, and 29-RC-4562 19 September 1984 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF SECOND ELECTION BY CHAIRMAN DOTSON AND MEMBERS ZIMMERMAN AND HUNTER On 27 July 1982 the National Labor Relations Board issued its Decision and Order in this pro- ceeding 1 finding that the Respondent had violated Section 8(a)(1), (3), and (5) of the National Labor Relations Act The Board inter alia ordered the Respondent, pursuant to NLRB v Gzssel Packing,2 to recognize and bargain with the Union on the basis of authorization cards obtained by the Union by 14 June 1979 from 52 of the 101 employees in the bargaining unit Thereafter, on 10 November 1982 the Respondent filed a motion to reopen record to adduce evidence showing that the bar- gaining unit had since been reduced to 52 employ- ees which included only 20 of the original 101 em- ployees and 7 of these who had signed union au- thorization cards It argued for a new election in lieu of a Gissel bargaining order 3 On 4 March 1983 the Board denied the Respondent's motion 1 262 NLRB 1346 5 395 U S 575 (1969) 5 The Union lost the 20 July 1979 election (in Case 29-RC-4562) by a 68 to 21 vote with 14 nondeterminative challenged ballots Thereafter, on 3 February 1984 the Court of Ap- peals for the Second Circuit issued its decision 4 en- forcing the Board's decision regarding the 8(a)(1) and (3) violations but denying enforcement of the Gzssel bargaining order On 4 June 1984 the Board invited the parties to this proceeding to file statements of position with respect to the Board's contemplated direction of a new election The Respondent and the Union filed statements of position with the Board The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel The Board, having considered the statements of position, has decided to direct a second election in Case 29-RC-4562 5 ORDER It is ordered that the bargaining order issued in Cases 29-CA-6502, 29-CA-6522, 29-CA-7081, 29- CA-7207, and 29-CA-7360 be vacated IT IS FURTHER ORDERED that Case 29-RC-4562 be reopened and remanded to the Regional Direc- tor for Region 29 for the purpose of conducting a second election pursuant to the direction below [Direction of second election omitted from publi- cation] 4 727 F 2d 55 5 In rejecting the Respondent s claim that no election should now be conducted, we note inter aim, that a second election was clearly contem plated in the court's decision itself, 727 F 2d at 60 We also reject the Union s argument that it is entitled to access to the plant to meet with unit members and to be present whenever the Respondent has a meeting to discuss matters dealing with unionization 272 NLRB No 29