Sunshine Biscuits, Inc.

10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD him unqualified as an election observer .' Accordingly, we agree with the Regional Director that Diamond Watson was a qualified observer. In view of the foregoing and for reasons set forth in the Regional Director's report, we find that the Employer's objections raise no sub- stantial or material issues. We, therefore, adopt the Regional Di- rector's recommendations and overrule the Employer's objections. Accordingly, because the tally of ballots shows that the Petitioner received a majority of the valid votes cast ,' we shall certify the Peti- tioner as the collective -bargaining representative of the employees in the appropriate unit. [The Board certified the Amalgamated Meat Cutters and Butcher Workmen of North America , Local 528, as the designated collective- bargaining representative of the employees in the unit hereinabove found appropriate.] MEMBER MURDOCK took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 8 Soerens Motor Company, 106 NLRB 1388 ; N. L. R. B. v. Huntsville Mfg Co., 203 F. 2d 430 (C. A 5) 9 The challenged ballot is insufficient to affect the results of the election. SUNSHINE BISCUITS , INC.' and BAKERY AND CONFECTIONARY WORKERS' INTERNATIONAL UNION OF AMERICA, AFL , PETITIONER. Case No. 10-RC-2719. September 22,195¢ 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 David L. Trezise, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed' Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the A ct.3 I The Employer's naive appears as amended at the hearing. 2 The hearing officer referred to the Boaid the Employer 's motion to dismiss the petition on the basis that no evidence was adduced at the hearing to show that the Petitioner and the Intervenor were in compliance with Section 9 (f), (g), and (h) of the Act. As the Board has repeatedly held, compliance is a matter for administrative determination and is not litigable by the parties at the hearing. Moreover, we are administratively advised that the Petitioner and the Intervenor have fully complied with the filing requirements of the Act Accordingly, we hereby deny the Employer's motion. See Coca-Cola Bottling Company of Louisville, Inc, 108 NLRB 490 3 The Employer neither admits nor denies that it is engaged in commerce. The Em- ployer's Columbus, Georgia, plant , at the time of the hearing , had been in operation for approximately 4 months and had made direct out-of-State sales of approximately $350,000 in value. We find that the Employer is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction in this case. 110 NLRB No. 2. SUNSHINE BISCUITS, INC. 11 2. The labor organizations involved claim to represent certain em- ployees of the Employer.' 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.' 4. We find, as generally agreed by the parties, that all the Em- ployer's production and maintenance employees at its Columbus, Georgia, plant, including shipping and packing employees, porters, and cafeteria employees, but excluding office clerical employees, sales- men, truckdrivers, guards, and supervisors as defined in the Act, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 5. The Employer contends that an immediate election would be premature upon the grounds that its operations are still expanding and that it does not presently employ a substantial and representative ,complement of employees. The Employer commenced production on or about November 28, 1953, with 19 employees. On April 4, 1954, just prior to the date of the hearing herein, the Employer had 172 employees covering ap- proximately 47 job classifications in 10 departments. These employees were producing 6 of the planned 43 varieties of products and were operating 1 oven on an 8-hour per day basis and a second oven on a part-time basis. Approximately 62 of these employees were con- sidered by the Employer as qualified employees on the basis of their ability to learn their jobs, whereas the remainder were considered as probationary employees. The record shows, however, that about 80 percent of the newly hired employees prove satisfactory and are re- tained by the Employer. The Board was administratively advised that, on July 14, 1954, the employee complement had increased to 254 and the Employer planned to add about 50 more employees to its com- plement by the middle of September 1954. The Employer's vice president in charge of manufacturing stated that it planned to have a third oven installed by November 15, 1954, and a fourth oven some time in 1955, and would have approximately 450 employees when 3 ovens were operating on a 16-hour per day basis. He did not approximate a date for this latter event. Eventual- ly the Employer plans to operate on a 6-oven basis, with approxi- mately 700 employees covering in excess of 69 job classifications in 19 departments, and it expects to manufacture 43 varieties of products. 4 The Congress of Industrial Organizations was permitted to intervene at the hearing on the basis of a sufficient showing of interest. 5 The Employer contends that no question concerning representation exists, essentially because of the expanding nature of its operations and moves to dismiss the petition on that ground . For reasons stated in paragraph numbered 5, infra, we find the contention without merit , and the Employer 's motion, which was referred to the Board , is denied. 12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD No target date has been set for the installation of the fifth and sixth ovens. Upon the entire record in the case, we believe that the Employer's present employees constitute a substantial and representative segment of those to be employed for a reasonable time in the future. We,. therefore, find no compelling reason to delay the granting to the employees of an opportunity to choose a bargaining representative.. Accordingly, we shall direct an immediate election.6 [Text of Direction of Election omitted from publication.] MEMBER MURDOCK took no part in the consideration of the above Decision and Direction of Election. 6 See Independent Lock Company of Alabama , 106 NLRB 1136, and cases cited therein;. General Electric Company, 106 NLRB 364. GEN PRO, INC. and STOVE MOUNTERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL, PETITIONER. Case No. 35-RC-103. September- 22,1954 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held before John Hendrickson, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. . 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 organization involved claims to represent certain em- ployees of the Employer. 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. 4. The parties agree that a production and maintenance unit is appropriate. However, the parties could not agree as to whether cer- tain categories of employees should be included in such a unit. a. The shipping cleric The Employer contends that the shipping clerk is an office clerical'. employee and should, therefore, be excluded from the unit. This em- ployee spends about 60 percent of his time checking on whether the proper materials are taken from storage and loaded on trucks for shipment. On occasion he actually engages in the manual labor inci- dent to such work. He has a desk in the plant storage area where he 110 NLRB No. 7.