Teamsters Local 776 (Rite Aid), 832 (1991)

National Labor Relations Board

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Teamsters Local 776 (Rite Aid), 832 (1991)

Chauffeurs, Teamsters and Helpers Local 776, affiliated with International Brotherhood of Teamsters, AFL-CIO1 and Rite Aid Corporation. Case 5-CB-6292

December 11, 1991

DECISION AND ORDER

BY CHAIRMAN STEPHEN AND MEMBERS OVIATT AND RAUDABAUGH

The General Counsel of the National Labor Relations Board issued a complaint on June 20, 1989, against Chauffeurs, Teamsters and Helpers Local 776, the Respondent, alleging that it has violated Section 8(b)(1)(A), (2), and (3) of the Act by continuing to seek judicial enforcement of an arbitration award that is in direct conflict with the Board's unit clarification determination in Case 5-UC-275 (not included in bound volumes). The Respondent filed its answer admitting the pertinent facts as set forth more fully below, but denying that its conduct has violated the Act.

On December 18, 1989, the General Counsel filed with the Board a Motion for Summary Judgment, with exhibits attached.2 The General Counsel contends that, in light of the factual admissions contained in the Respondent's answer, the pleadings raise no genuine issues of fact which require an evidentiary hearing. Thereafter, on December 22, 1989, the Board issued an order transferring proceeding to the Board and Notice to Show Cause why the General Counsel's Motion for Summary Judgment should not be granted...

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