Montgomery Ward & Co., Inc., 232 (1975)

National Labor Relations Board

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Montgomery Ward & Co., Inc., 232 (1975)

232 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD Montgomery Ward & Co., Incorporated and Retail Clerks Union, Local 1364, Retail Clerks International Association, AFL-CIO. Case 20-CA-6445

April 1, 1975 SUPPLEMENTAL DECISION

By MEMBERS FANNING, JENKINS, AND KENNEDY On March 20, 1973, the National Labor Relations Board issued a Decision and Order' in the above-entitled proceeding in which it adopted the findings, conclusions, and recommendation of Administrative Law Judge Herman Corenman. The Board adopted the Administrative Law Judge's credibility resolutions and concluded, among other things, that Respondent had not engaged in conduct in violation of Section 8(a)(1) and (3) of the National Labor Relations Act as alleged.

Subsequently, the Charging Party filed with the United States Court of Appeals for the District of Columbia Circuit a petition for review of the Board's Order dismissing the complaint.

On September 9, 1973, while the matter was pending before the court, the Union moved the court to remand the case to the Board to conduct a further hearing on newly discovered evidence. On January 15, 1974, the court, without objection from the Board, issued its order granting the Union's motion and remanded the record to the Board for consideration of such newly discovered evidence. On April 26, 1974, the Board issued its order reopening the record and remanding the proceeding to the Regional Director for a hearing to be held by Administrative Law Judge Corenman for the purpose of, and limited to, receiving such newly discovered evidence referred to in the Union's motion. The Board further ordered that after the close of the hearing the Administrative Law Judge prepare and serve on the parties a supplemental decision containing findings of fact, conclusions of law, and recommendations based upon the evidence received.

On November 6, 1974, the Administrative Law Judge issued the attached Supp...

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