Yarway Corp.

598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Yarway Corporation and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 169. Case 4-CA- 13928 28 September 1984 ORDER REMANDING PROCEEDING TO THE REGIONAL DIRECTOR BY MEMBERS ZIMMERMAN, HUNTER, AND DENNIS Upon a charge filed by the Charging Party on 24 August 1983, the Regional Director for Region 4 of the National Labor Relations Board issued a complaint on 30 April 1984 against the Company, the Respondent, alleging that it has violated Sec- tion 8(a)(1) and (3) of the National Labor Relations Act by failing and refusing to reinstate employees William Brady and Warren Duckrey to their former or substantially equivalent positions because they engaged in an economic strike On 29 May 1984 the Respondent filed a "Motion for Summary Judgment and To Dismiss the Com- plaint" and supporting memorandum with attached exhibits The Respondent contends that the facts do not establish an unfair labor practice, that an ar- bitrator considered and resolved a contractual issue factually parallel to the instant unfair labor practice issue, and that the Board should defer to the arbi- tration decision in light of Sptelberg Mfg Co, 112 NLRB 1080 (1955), and Olin Corp, 268 NLRB 573 (1984) On 31 May 1984 the Board issued an order trans- ferring the proceeding to the Board and a Notice to Show Cause On 14 June 1984 the Charging Party filed an op- position to the Motion for Summary Judgment as- serting that the arbitrator did not consider the stat- utory issues, the contract and unfair labor practice issues are not factually parallel, and the arbitration decision is contrary to Board policy On 14 June 1984 the General Counsel filed a re- sponse to the Notice to Show Cause in which he asserts deferral to the arbitrator's award is appro- priate and that the complaint and charge should be dismissed, and requests that the Board remand the proceeding to the Regional Director On 21 June 1984, the Charging Party filed a "Response and Motion to Strike Counsel for the Acting General Counsel's Response to the Order to Show Cause and Request that Proceeding be Remanded to Re- gional Director" The Charging Party alleged, inter aim, that it did not argue the statutory issues during arbitration in reliance on representations of counsel for the General Counsel that the statutory issue would be pursued through Board processes Having duly considered the matter, the Board grants the General Counsel's request to remand the case to the Regional Director, 1 and the above pro- ceeding is remanded to the Regional Director for further appropriate action ' The Board, therefore, finds it unnecessary to rule on the Respond ent's Motion for Summary Judgment 272 NLRB No 94