NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,481, ALBANY STEEL, INC. and SHOPMEN’S LOCAL UNION NO. 534 OF THE BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS., (Sep. 12, 1994), National Labor Relations Board, (Sep 12, 1994)

ALBANY STEEL, INC. and SHOPMEN’S LOCAL UNION NO. 534 OF THE BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS.

314 NLRB No. 193.Case No. 3-CA-16327. September 12, 1994

Before Gould, Stephens and Devaney.

Elections--Changes in Size of Workforce--Court-Ordered.--In light of the fact that a federal court of appeals conditioned enforcement of an NLRB bargaining order upon a union’s winning a Board election, the NLRB directed the election. Although the court affirmed the Board’s finding that the employer violated its bargaining duty by unlawfully withdrawing recognition from the union, the court determined that the employer had come forth with objective evidence that there existed a lack of substantial continuing union support. Section 9(c).

Back reference: ¶2715.213.

Supplemental decision following (CA2 1994) 127 LC ¶11,037.

From Text of Board’s Decision

On November 9, 1992, the National Labor Relations Board issued an original Decision and Order in this proceeding. Albany Steel, 309 NLRB 442. Subsequently, the Board filed a petition for enforcement of its Order with the United States Court of Appeals for the Second Circuit and the Respondent filed a cross-petition for review. On February 24, 1994, the court issued a decision which affirmed the Board’s finding that the Respondent violated Section 8(a)(5) of the Act by withdrawing recognition from the Union on April 1, 1991, without sufficient objective grounds for a good-faith doubt of the Union’s majority status. The court, however, stated that “where, as here, the employer has come forth with objective evidence that there is a lack of union support on the part of a substantial number of employees, an election is warranted.” Accordingly, the court conditioned enforcement of the Board’s bargaining order on the Union’s winning a Board election to be held within 90 days of the court’s decision. NLRB v. Albany Steel, 17 F.3d 564.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

Having accepted the court’s remand, we regard its opinion as the law of the case. Pursuant to the court’s instructions, we shall direct an election.

DIRECTION OF ELECTION

A election by secret ballot shall be held, no later than 90 days from June 22, 1994, among the employees in the unit found appropriate. The Regional Director shall direct and supervise the election, subject to the Board’s Rules and Regulations. Eligible to vote are those employed during the payroll period ending immediately before the date of the Notice of Second Election, including employees who did not work during that period because they were ill, on vacation, or temporarily laid off. Also eligible are employees engaged in an economic strike that began less than 12 months before the election date and who retained their employee status during the eligibility period and their replacements. Those in the military services may vote if they appear in person at the polls. Ineligible to vote are employees who have quit or been discharged for cause since the payroll period, striking employees who have been discharged for cause since the strike began and who have not been rehired or reinstated before the election date, and employees engaged in an economic strike that began more than 12 months before the election date and who had been permanently replaced. Those eligible shall vote whether they desire to be represented for collective bargaining by Shopmen’s Local Union No. 534 of the Bridge, Structural and Ornamental Iron Workers.

To ensure that all eligible voters have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses that may be used to communicate with them. Excelsior Underwear, [1966 CCH NLRB ¶20,180] 156 NLRB 1236 (1966); NLRB v. Wyman-Gordon Co., 394 U.S. 759 (1969). Accordingly, it is directed that an eligibility list containing the names and addresses of all eligible voters must be filed by the Employer with the Regional Director within 7 days from the date of the Notice of Election. No extension of time to file the list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed.