March 10, 1970
NATIONAL LABOR RELATIONS BOARD, PETITIONER
S.E. NICHOLS-DOVER, INC. ET AL., RESPONDENTS *FN*
Before McLAUGHLIN, Kalodner and Van Dusen, Circuit Judges.
Author: Van Dusen
VAN DUSEN, C. J.: This case was heard and decided on the application of petitioner to enforce its order issued October 18, 1967 (the decision of the Board is reported at 167 NLRB No. 121). See NLRB v. Nichols-Dover, Inc ., 414 F.2d 561 (3rd Cir. 1969); the judgment in accordance with that decision was entered September 15, 1969. The petitioner filed a Supplemental Decision and Order on October 21, 1969, finding that a remedial bargaining order should issue under Section 8(a)(5) in the light of the record (including Statements of Position*fn1 filed by the parties) and NLRB v. Gissel Packing Company , 395 U.S. 575, 614 (1969). Thereafter a motion to enforce the October 18, 1967, order as reaffirmed was filed by petitioner and an answer to that motion was filed by respondent.
Meanwhile, in December 1969, respondent filed a Petition for Certiorari with the Supreme Court of the United States to review the above-mentioned September 15, 1969, judgment. This Petition was denied on February 24, 1970. See S.E. Nichols-Dover, Inc. v. NLRB , - U.S. - (Oct. Term 1969, No. 948 - 38 L.W. 3315).
After consideration of the record, including the documents mentioned above,
It is ORDERED that the petitioner's order of October 18, 1967, as reaffirmed by its order of October 21, 1969, shall be enforced and an appropriate supplemental Judgment to carry out such order may be submitted by the Board.