South Carolina Education Association

National Labor Relations Board - Board DecisionsFeb 5, 1979

240 N.L.R.B. 542 (N.L.R.B. 1979)

542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD South Carolina Education Association, Employer-Pe- titioner and South Carolina Education Association Employees Council. Case I -UC-26 February 5, 1979 DECISION AND ORDER BY MIMBI RS JI NKINS P I I (). AN\l) Mt RI'I Upon a petition of South ('arolina Education As- sociation for clarification of unit duly filed on Sep- tember 28. 1978. under Section 9(b) of the National Labor Relations Act, as amended, a hearing was held on November 13. 1978. before Hearing Officer Ron- aid M. Sharp. At the close of hearing, the Regional Director for Region II. by Hearing Officer Sharp. issued an order transferring the case to tilhe Board. Thereafter, briefs were filed by the Petitioner and the Union. 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 pancel. The Board has reviewed the tlearing Officer's rul- ings made at the hearing and finds that they are free from prejudicial error. he rulings are hlirebN af- firmed. Upon the entire record in this case.' the Board finds: I. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the pur- poses of the Act to assert jurisdiction herein. 2. The Union involved herein is a labor organiza- tion within the meaning of the Act and claims to represent certain employees of the Employer. 3. The Employer is a South Carolina nonprofit or- ganization chartered by the State of South Carolina with an office in Columbia. South Carolina. where it provides a variety of education-related services to members, including educators employed by the State. The Employer proposes to clarify the bargain- ing unit to exclude the personal secretary to the Eilm- ployer's associate executive director, the Employer's business manager. the administrative assistant to the Employer's executive director, and a research consul- tant. 2 The Employer and the Union have been parties to I hi prtr c ltipul lcd . i nd I c llr lm Off()irlCC lI. d. 1 I11. ItcrI in (.ic II R( 45013 hbe adce .i part of l i.cord in the iniint p.,, ccdintl AC.c IIrdnl 1%,.fficitl io,,. i, .taken of the icc. d Ii ( .c II R( 40I1 , the tcrn "tl ecord" is defincd in Se. 12 (18 O hIe 1c rd's Rulcs and Rcr l;, tins and Slttienlcnls of P'rIccIurc, Series . is i, I.inlldcdl i he partines tipualcd ht l t} eiC lpr t ciipi ,, Ilc pcXiolld >,