Southeastern Rubber Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Nov 13, 1968

173 N.L.R.B. 797 (N.L.R.B. 1968)

SOUTHEASTERN RUBBER MFG . CO. 797
Southeastern Rubber Manufacturing Co., Inc. and
United Rubber , Cork, Linoleum and Plastic Work-
ers of America , AFL-CIO, Petitioner. Case
10-RC-7481.
November 13, 1968
DECISION AND DIRECTION OF ELECTION
By CHAIRMAN MCCULLOCH AND MEMBERS
BROWN AND JENKINS
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
heanng was held before Hearing Officer William T.
Rutherford. Following the heanng and pursuant to
Section 102.67 of the National Labor Relations
Board Rules and Regulations and Statements of
Procedure, Series 8, as amended, and by direction of
the Regional Director for Region 10, this case was
transferred to the National Labor Relations Board.
Thereafter, the Employer filed a brief with the Board.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-mem-
ber panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error, and they are hereby
affirmed.
Upon the entire record in this case, including the
record in Case 10-RC-7423,1 the Board finds.
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. At the hearing in Case 10-RC-7423, the
Employer contested the status of the Petitioner as a
labor organization within the meaning of the Act. The
record reveals that the Petitioner is an organization in
which employees participate and exists for the pur-
pose, in whole or in part, of bargaining with em-
ployers concerning wages, hours of employment, and
other terms and conditions of employment. We find,
accordingly, that the Petitioner is a labor organization
within the meaning of Section 2(5) of the Act, and
claims to represent certain employees of the Em-
ployer.
3. The Employer moves to dismiss the instant
petition on grounds that the Petitioner's showing of
interest is necessarily tainted because its supervisors
had participated in obtaining the showing of interest
submitted in support of the petition in Case
10-RC-7423. In support of its motion the Employer
contends that the Hearing Officer erred in refusing to
permit litigation of the Petitioner's showing of inter-
est and the conditions under which it was obtained,
and moves to reopen the record to receive such
evidence. It is our long established policy that a
showing of interest is a matter for administrative
determination not subject to litigation. O. D. Jennings
and Company, 68 NLRB 516. Moreover, we are
administratively satisfied that the Petitioner's showing
of interest is valid. The Employer's motions are
denied.
We find that a question affecting commerce exists
concerning the representation of certain employees of
the Employer within the meaning of Section 9(c)(1)
of the Act.
4. The parties stipulated, and we find, that the
following employees of the Employer constitute a
unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the
Act:
All production and maintenance employees at the
Employer's Athens, Georgia, plant, including ware-
house employees and janitors, but excluding office
clerical employees, professional employees, labora-
tory employees, truckdrivers, plant guards and
supervisors as defined in the Act.
[DIRECTION OF ELECTION2 omitted from pub-
lication. ]
I In accord with the stipulation of the parties. available to all parties to the election. No extension of time to file this
2 An election eligibility list, containing the names and addresses of list shall be granted by the Regional Director except in extraordinary
all the eligible voters, must be filed by the Employer with the Regional circumstances . Failure to comply with this requirement shall be grounds
Director for Region 10 within 7 days after the date of this Decision and for setting aside the election whenever proper objections are filed.
Direction of Election . The Regional Director shall make the list Excelsior Underwear Inc., 156 NLRB 1236.
173 NLRB No. 119