National Gypsum Co.

National Labor Relations Board - Board Decisions

Nov 25, 1974

215 N.L.R.B. 74 (N.L.R.B. 1974)

74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Gypsum Company and United Cement, Lime
and Gypsum Workers International Union,
AFL-CIO, Petitioner . Case 12-RC-4631
November 25, 1974
DECISION ON REVIEW AND ORDER
BY CHAIRMAN MILLER AND MEMBERS JENKINS AND
KENNEDY
On August 9, 1974, the Regional Director for Region
12 issued his Decision and Direction of Election in the
above-entitled proceeding in which he directed an elec-
tion in a unit of all production and maintenance em-
ployees of the Employer at the Employer's Tampa,
Florida, plant.
In his Decision the Regional Director concluded,
inter alia, that as a result of the administrative investi-
gation of Petitioner's showing of interest requested by
the Employer on the basis of alleged supervisory taint,
the showing of interest was adequate.
Thereafter, the Employer, in accordance with the
National Labor Relations Board's Rules and Regula-
tions, Series 8, as amended, filed a timely request for
review of the Regional Director's decision contending,
inter alia, that "recognized" supervisors had not only
solicited authorization cards but had in fact controlled
the distribution of cards to others who engaged in solic-
iting.
The Board by telegraphic order dated September 10,
1974, granted the request for review and stayed the
election pending decision on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has reviewed the entire record in this
proceeding with respect to the issues under review, and
makes the following findings:
The Regional Director's administrative investigation
of the Petitioner's showing of interest revealed that two
supervisors personally solicited and obtained signa-
tures on a substantial number of the authorization
cards submitted in support of the petition herein. In
addition, the investigation disclosed that one of these
supervisors distributed cards to others in the plant for
them to solicit additional signatures. Additional cards
were signed and later returned to said supervisor who
signed them as "witness" and then turned them over to
the Petitioner. Thus, it is clear that the involvement of
the supervisors in the organizing effort was so extensive
and pervasive as to taint the validity of Petitioner's
showing of interest.' We conclude, therefore, in ac-
cord with the Employer's contention, that because of
the extensive involvement of certain supervisors in the
solicitation and distribution of the authorization cards
submitted by Petitioner in support of the petition, the
showing of interest submitted is invalid and the petition
should be dismissed.
Accordingly, we shall dismiss the petition herein.'
ORDER
It is hereby ordered that the petition herein be, and
it hereby is, dismissed.
I
The Regional Director was, of course, correct in holding that the ques-
tion involving showing of interest could not properly be litigated at the
hearing herein, since determination of showing of interest is purely an
administrative matter.
Respondent 's request for review urges the Board to ascertain the facts and
review the Regional Director's ruling, we have treated it as an appeal from
the Regional Director's ruling. We have examined the administrative file
underlying the Regional Director 's decision to process the petition based on
his showing of interest determination, and have concluded that the facts
developed in the course of that investigation were such as to have required
an administrative dismissal of the petition, for the reasons set forth in the
text of this Decision.
2 The Toledo Stamping & Manufacturing Company, 55 NLRB 865
(1944) In view of our disposition of the instant case, we need not consider
other issues raised in the request for review
215 NLRB No. 16