S. S. Kresge Co.

National Labor Relations Board - Board Decisions

Oct 31, 1968

173 N.L.R.B. 510 (N.L.R.B. 1968)

510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
K-Mart , a Division of S. S . Kresge Company;
Gallenkamp Stores Co .; Mercury Distributing
Company; Acme Quality Paints : F & G Merchan-
dising ; Hollywood Hat Co .; and Besco Enterprises,
Inc. and Retail Clerks Union Local #770, Re-
tail Clerks International Association , AFL-CIO,
Petitioner . Cases 21-CA-6937 and 21-RC-9309
October 31, 1968
SUPPLEMENTAL ORDER AND DIRECTION OF
SECOND ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND ZAGORIA
On December 30, 1966, the National Labor Rela-
tions Board issued a Decision and Order' in the
above-entitled complaint proceeding in which the
Board found that the Respondents refused to bargain
with Local #770 in violation of Section 8(a)(5) and
(1) of the National Labor Relations Act, as amended.
The Board, therefore, issued an appropriate bar-
gaining order. Thereafter, the Respondents petitioned
the Court of Appeals for the Ninth Circuit to review
and set aside the Board's Order. The court, although
agreeing with the Board's unit determination and
joint-employer finding, found, contrary to the Board,
that certain literature prepared and distributed by the
Union contained substantial campaign misrepresenta-
tions which prevented a free choice on the part of the
employees.' The court, therefore, reversed the
Board's Decision in part, invalidated the election, and
remanded the case for proceedings in accordance with
its opinion.
In considering the matter before us, we accept as
the law of this case the court's findings and conclu-
sions.
The matter having been thus remanded to the
Board, it is hereby ordered that the complaint in Case
21-CA-6937, insofar as it alleges that the Re-
spondents have unlawfully refused to bargain with the
Union, be, and hereby is, dismissed.
IT IS FURTHER ORDERED that the proceeding in Case
21-RC-9309 be, and it hereby is, reopened and the
Certification of Representatives issued by the Board
on September 9, 1965, be, and it hereby is, vacated.
IT IS FURTHER ORDERED that Case 21-RC-9309
be, and it hereby is, remanded to the Regional
Director for Region 21 for the purpose of holding a
second election.
[Direction of Second Election omitted from pub-
lication. ]
1 162 NLRB 498 2 Gallenkamp Stores Co v N L R.B., 402 F.2d 525 (C.A. 9).
173 NLRB No. 84