Central Optical Co., Inc.

In the Matter of CENTRAL OPTICAL CO., INC., EMPLOYER and SAMUEL W. FILL , PETITIONER and OPTICAL WORKERS UNION No. 24341, AFL, UNION Case No. 9-RD-55.-Decided January 20,1950 DECISION AND DIRECTION OF ELECTION Upon a petition for decertification duly filed, a hearing was held before William A. McGowan, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner, an employee of the Employer, asserts that the Union is no longer the representative of the employees of the Em- ployer, as defined in Section 9 (a) of the Act. Following a consent election held on November 25,1948, the Regional Director certified Federal Labor Union #24341, affiliated with Amer- ican Federation of Labor, as the bargaining representative for the employees in the unit designated below. Thereafter, the name of the certified Union was changed to Optical Workers Union No. 24341, AFL. No collective bargaining agreement has been entered into by the Union and the Employer.' 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. I Although the Union was properly served with a notice of this hearing, it failed to appear. However , its failure to appear at the hearing cannot alone be considered as a disclaimer of interest in the representation of the employees involved herein. Ness Sanitary Wiper Company and/or The Slosman Company, 85 NLRB 953; graft Foods Company, 83 NLRB 331. 88 NLRB No. 59. 246 CENTRAL OPTICAL CO., INC. 247 4. The following employees of the Employer constitute a unit appro- priate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All optical shop employees in the surface and finishing room depart- ments at the Employer's Cincinnati, Ohio, plant, but excluding all office and clerical employees, stockroom employees, washup help, and all guards, professional employees, and supervisors as defined in the Act. DIRECTION OF ELECTION 2 As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Direction of Election, including employees who did not work during said payroll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargain- ing, by Optical Workers Union No. 24341, AFL. 2 As the Union is not in compliance with the filing requirements of Section 9 (f), (g), and (h ) of the Act, we shall certify it if it wins the election , provided that at that time it is in compliance. Absent such compliance , the Board will only certify the arithmetical results of the election.