Wells Fargo Guard Services, a Division of Baker Protective Services, Inc.

National Labor Relations Board - Board Decisions

Mar 19, 1982

260 N.L.R.B. 1051 (N.L.R.B. 1982)

WELLS FARGO GUARD SERVICES
Wells Fargo Guard Services, a Division of Baker
Protective Services, Inc. and United Security
Guard Guild. Case 22-CA-9502
March 19, 1982
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, JENKINS, AND
HUNTER
On September 9, 1980, the National Labor Rela-
tions Board issued a Decision and Order in Case
22-CA-9502' in which it found that the Respond-
ent violated Section 8(a)(5) and (1) of the National
Labor Relations Act, as amended, by refusing to
bargain with the Union, which had been certified
by the Board on July 20, 1979, in Case 22-RC-
7744, following a second election in a unit of all
full-time and regular part-time security guards em-
ployed at the Respondent's Lawrenceville, New
Jersey, office but excluding all office clerical em-
ployees, casual employees, managerial employees,
professional employees, field inspectors and all
other supervisors as defined in the Act. Subse-
quently, the Respondent filed with the United
States Court of Appeals for the Third Circuit a pe-
tition for review of the Board's Order; and upon a
cross-application the National Labor Relations
Board sought enforcement of its Order.
Thereafter, on September 15, 1981, the court
denied enforcement and remanded the matter for
' 252 NLRH 55
an evidentiary hearing on the Respondent's Objec-
tion 2 to the second election.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board, having duly considered the matter,
has decided to accept the court remand as the law
of the case.
ORDER
It is hereby ordered that the record in the above-
entitled proceeding be, and it hereby is, reopened,
and that a full hearing be held, consistent with the
remand of the court, and that such hearing shall be
held before an administrative law judge.
IT IS FURTHER ORDERED that this proceeding be,
and it hereby is, remanded to the Regional Direc-
tor for Region 22 for the purpose of arranging such
hearing, and that the said Regional Director be,
and he hereby is, authorized to issue notice thereof.
IT IS FURTHER ORDERED that, upon the conclu-
sion of such hearing, the administrative law judge
shall prepare and serve on the parties a supplemen-
tal decision containing findings of fact based upon
the evidence received pursuant to the provisions of
this Order, conclusions of law, and recommenda-
tions; and that following the service of such supple-
mental decision on the parties, the provisions of
Section 102.46 of the Board's Rules and Regula-
tions, Series 8, as amended, shall be applicable.
260 NLRB No. 144
1051