Jasper Seating Co.

322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD subordinate working under him and therefore has no occasion to exercise any supervisory authority, we find that he is not a supervisor as defined in the Act. We shall therefore include him in the unit .6 Accordingly, we find that all employees engaged in the preparation, handling, and serving of food at the Employer's cafeteria at Wilson Dam, Alabama, including the four assistant chef managers, but excluding all office clerical employees employed full time in such capacity, watchmen, guards, and all supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within-the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication in this volume.] 6 The Kroger Company, 93 NLRB 274. JASPER SEATING COMPANY, PETITIONER and UPHOLSTERERS ' INTER- NATIONAL UNION OF NORTH AMERICA , AFL AND FURNITURE & VENEER WORKERS LOCAL No. 331 , UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL.' Case No. 35-RiV-41. November 14, 1952 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Charles Y. Latimer, 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 Act, the Board has delegated its powers in connection with this case to a three- member panel [Chairman Herzog and Members Styles and Peterson]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer.2 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 1 Herein called the Upholsterers' Union. 2 The Jasper Union moved to intervene at the hearing . The Upholsterers' Union contends that the Jasper Union is not a labor organization within the meaning of the Act. However, we find that the Jasper Union was organized, and exists, for the purpose of collective bargaining with respect to wages, hours, and working conditions of the employees of the Employer. We find that it is a labor organization within the meaning of the Act. DeMay's Inc., 81 NLRB 1374. 101 NLRB No. 81. JASPER SEATING COMPANY 323. The Upholsterers' Union was certified as bargaining agent for the production and maintenance employees of the Employer in 1947. There have been three collective-bargaining agreements between the Employer and the Upholsterers' Union since that date, the latest having expired by its terms on December 31, 1951, after notification by both parties 60 days prior to that date of their desire to terminate the contract. On March 19, 1951, the Jasper Union presented to the Employer its claim for recognition as representative of the Employ- er's employees. The Employer filed the instant petition on December 11, 1951. The Upholsterers' Union contends that a settlement agree- ment, entered into by the Employer and the Regional Director for the Ninth Region on September 25, 1951, bars any election at this time. This agreement, disposing of pending charges,3 required the Em- ployer to post a notice for 60 days stating, inter alia, that it would bargain with the Upholsterers' Union upon request. On February 14, 1952, the Upholsterers' Union filed an unfair labor practice charge, alleging that the Employer, on December 6, 1951, refused to bargain with the Union, in violation of Section 8 (a) (1) and (5 ) of the Act .4 On April 18, 1952, the Regional Director de- clined to issue a complaint on this charge, and on July 18, 1952, the General Counsel affirmed the Regional Director's actions In view of these circumstances, we find that the settlement agreement does not bar an election at this time. 4. We find that all production and maintenance employees at the Employer's Jasper, Indiana, plant, excluding office clerical employees, guards, and supervisors as defined in the Act constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act 7 [Text of Direction of Election omitted from publication in this volume.] 8 Cases Nos. 35-CA-214 and 35-CA-242. Case No. 35-CA-328. 8 We are administratively advised by the office of the General Counsel that the settle- ment agreement was entered into by the Employer under circumstances which would cause it to believe that it was required to bargain with the Union only until December 31, 1951 , when the existing contract expired, and only about conditions of employment pre- vailing during that interim period. The record in the instant case shows that the Union on November 13, 1951, requested the Employer to bargain with it concerning new contract terms to be effective after December 31, 1951, and that the Employer on December 6, 1951, rejected this request. e Times Square Stores Corporation, 79 NLRB 361. + The unit was stipulated by the parties. 242305--53- -22