Guardian Container Co., Inc.

34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Guardian Container Co., Inc. and Guardian Employees Independent Union No. 1.' Case 30-RC-905 January 8, 1969 DECISION AND DIRECTION OF ELECTION By MEMBERS FANNING, JENKINS, AND ZAGORIA Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Craig D. Leffler. Briefs were filed by the Employer and by Racine Printing Pressmen and Assistants Union No. 127, affiliated with the International Printing Pressmen and Assistants Union of North America, AFL-CIO.2 Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that no prejudicial error was committed. The rulings 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 Employer and the Intervenor contend that the Petitioner is not a labor organization within the meaning of Section 2(5) of the Act.3 Specifically, they urge that the Petitioner, which was formed by a dissident group of employees, does not intend to 'Th e name of the Petitioner appears in the caption as amended at the hearing 'Racine Printing Pressmen was permitted to intervene, without objection, on the basis of its current certification and contractual interest in the employees involved herein 'The parties stipulated that the Intervenor is a labor organization within the meaning of the Act represent employees for the purposes of` collective bargaining, but rather intends to turn over these responsibilities to a union not a party to this proceeding. During the hearing, the Petitioner's president testified that, if certified, his organization intends to meet with Company representatives to obtain a collective-bargaining agreement. In these circumstances, we deem it premature and inappropriate to consider , the prospect that immediately upon certification, the Petitioner would affiliate with another labor organization. If, after certification, there is a movement for such an affiliation, the Board, pursuant to its authority to police its certifications, may examine the propriety of such action, when the procedures established therefor are invoked.4 Accordingly,' we find that the Petitioner is a labor organization within the meaning of Section 2(5) of the Act. 3. A question affecting commerce exists concerning the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. As stipulated by the parties, the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees, shipping and receiving employees at the Company's plant, but excluding office clerical employees, employees presently covered by other collective-bargaining agreements, technical employees, professional employees, guards and supervisors as defined in the Act. [Direction of Elections omitted from publication.] 'Butler Manufacturing Company, 167 NLRB No. 39 'An election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 30 within 7 days after the date of this Decision and Direction of Election. The Regional Director shall make the list available to all parties to the election. No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed Excelsior Underwear Inc., 156 NLRB 1236 174 NLRB No. 9