Avondale Industries, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1999

330 N.L.R.B. 297 (N.L.R.B. 1999)

AVONDALE INDUSTRIES 297
Avondale Industries, Inc. and New Orleans Metal
Trades Department, AFL–CIO. Cases 15–CA–
14326, 15–CA–14327, and 15–RC–7767
November 30, 1999
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS FOX AND
HURTGEN
On April 29, 1997, the National Labor Relations Board
issued an unpublished Decision and Certification of Rep-
resentation in Case 15–RC–7767. The Board found that
a majority of the valid ballots in an election held June 25,
1993, had been cast for New Orleans Metal Trades De-
partment, AFL–CIO, and certified it as the exclusive
bargaining agent of the employees in an appropriate unit
of all production and maintenance employees at the Re-
spondent’s Avondale, Algiers, and Westwego, Louisiana
locations. On October 22, 1997, the Board granted the
General Counsel’s Motion for Summary Judgment, and
found that the Respondent had violated Section 8(a)(5)
and (1) of the Act and ordered the Respondent to recog-
nize and bargain with the Union. On July 7, 1999, the
United States Court of Appeals for the Fifth Circuit is-
sued a decision vacating the Board’s bargaining order
and remanding the proceeding to the Board with instruc-
tions to set aside the election.1 On October 12, 1999, the
Board advised the parties that it had accepted the remand
and would take appropriate action consistent with it.
The Board has delegated its authority in this proceed-
ing to a three-member panel.
The Board has accepted the court’s opinion as the law
of the case. In accord with that opinion, the Board has
decided to revoke the Union’s certification and to re-
mand the case to the Regional Director for further appro-
priate action.
ORDER
It is ordered that the certification issued in Case 15–
RC–7767 be vacated, and that the case be remanded to
the Regional Director for further appropriate action.

1 Avondale Industries v. NLRB, 180 F.3d 633 (5th Cir. 1999).

330 NLRB No. 35