Allied Meat Co.

National Labor Relations Board - Board Decisions

Nov 3, 1975

221 N.L.R.B. 304 (N.L.R.B. 1975)

304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Allied Meat Company and Amalgamated Meat Cut-
ters and Butcher Workmen of North America,
AFL-CIO . Case 27-CA-4464
November 3, 1975
DECISION UPON RECONSIDERATION
BY MEMBERS FANNING, JENKINS, AND
PENELLO
On August 28, 1975, the National Labor Relations
Board issued a Decision and Order' in the above-
captioned proceeding upon the General Counsel's
Motion for Summary Judgment, finding that Re-
spondent had engaged in and was engaging in unfair
labor practices within the meaning of Section 8(a)(5)
and (1) of the National Labor Relations Act, as
amended, and ordering it to take certain remedial
action therefor. Thereafter, on September 15, 1975,
Respondent filed with the Board a -Motion for
Reconsideration, with exhibits attached, asserting
that the Board erred in its Decision wherein it stated
that Respondent had not filed a response to the
Notice To Show Cause why the General Counsel's
motion should not be granted, when in fact such a
response had been filed, and requesting reconsidera-
tion in view of this document.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following: 2
Initially, we note that Respondent's response to the
Notice To Show Cause was filed with the Regional
Office of the Board, according to the certificate of
service attached thereto, whereas the Notice To
Show Cause specifically required that such response
be ". . . filed with the Board in Washington, D.C.
.... However, although Respondent's response
was improperly filed, we shall nonetheless grant its
Motion for Reconsideration and consider its re-
sponse to the Notice To Show Cause upon 'our
Decision herein.
In its response, Respondent asserts that (1) the
General Counsel's motion was not filed in compli-
ance with Section 102.24 of the Board's Rules and
Regulations, Series 8, as amended, because it was
filed only 12 days prior to the scheduled hearing; (2)
the General Counsel erred in his recitation of the
facts admitted by Respondent in its answer to the
complaint; (3) the General Counsel's motion repre-
sented the culmination of a pattern, of unfair
treatment it had received from the Regional Office;
and (4) a hearing was required on its objections to
the election in Case 27-RC-4663, the representation
case upon which the Board's Decision in the instant
case is based.
With regard-to (1) and (2) above, we find no merit
in these contentions as, the General Counsel's filing
of the Motion for Summary Judgment was not
unreasonably delayed after the Respondent had filed
its answer to the complaint, and the General
Counsel's recitation of the facts in his motion was
substantially as admitted by Respondent in its
answer. Concerning (3) and (4), these issues were
raised and considered by the Board in the underlying
representation proceeding, and, consistent with our
determination in our Decision and Order herein,
these issues may not be relitigated in this proceeding.
Further, with regard to (4), the hearing issue was
specifically raised and resolved in the instant
proceeding. In these circumstances, we shall affirm
our Decision and Order.
Accordingly, it is hereby ordered that Respon-
dent's Motion for Reconsideration be, and it hereby
is, granted, and its response to the Notice To Show
Cause and the General Counsel's Motion for
Summary Judgment be, and it hereby is, accepted
and considered.
IT IS FURTHER ORDERED that for the reasons set
forth above, the Board's Decision and Order in this
matter be, and it hereby is, affirmed.
I Allied Meat Company, 220 NLRB No. 12 (1975).
2 Respondent requests consideration by the full Board of its Motion for consideration.
Reconsideration . The Board panel, having duly considered this request,
finds that Respondent's motion does not raise issues warranting full Board
221 NLRB No. 60