National Gypsum Co.

74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Gypsum Company andUnited Cement, Lime and Gypsum Workers International Union, AFL-CIO, Petitioner. Case 12-RC-4631 November 25, 1974 DECISION ON REVIEW AND ORDER BY CHAIRMAN MILLER AND MEMBERS JENKINS AND KENNEDY On August 9, 1974, the Regional Director for Region 12 issued his Decision and Direction of Election in the above-entitled proceeding in which he directed an elec- tion in a unit of all production and maintenance em- ployees of the Employer at the Employer's Tampa, Florida, plant. In his Decision the Regional Director concluded, inter alia, that as a result of the administrative investi- gation of Petitioner's showing of interest requested by the Employer on the basis of alleged supervisory taint, the showing of interest was adequate. Thereafter, the Employer, in accordance with the National Labor Relations Board's Rules and Regula- tions, Series 8, as amended, filed a timely request for review of the Regional Director's decision contending, inter alia, that "recognized" supervisors had not only solicited authorization cards but had in fact controlled the distribution of cards to others who engaged in solic- iting. The Board by telegraphic order dated September 10, 1974, granted the request for review and stayed the election pending decision on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has reviewed the entire record in this proceeding with respect to the issues under review, and makes the following findings: The Regional Director's administrative investigation of the Petitioner's showing of interest revealed that two supervisors personally solicited and obtained signa- tures on a substantial number of the authorization cards submitted in support of the petition herein. In addition, the investigation disclosed that one of these supervisors distributed cards to others in the plant for them to solicit additional signatures. Additional cards were signed and later returned to said supervisor who signed them as "witness" and then turned them over to the Petitioner. Thus, it is clear that the involvement of the supervisors in the organizing effort was so extensive and pervasive as to taint the validity of Petitioner's showing of interest.' We conclude, therefore, in ac- cord with the Employer's contention, that because of the extensive involvement of certain supervisors in the solicitation and distribution of the authorization cards submitted by Petitioner in support of the petition, the showing of interest submitted is invalid and the petition should be dismissed. Accordingly, we shall dismiss the petition herein.' ORDER It is hereby ordered that the petition herein be, and it hereby is, dismissed. I The Regional Director was, of course, correct in holding that the ques- tion involving showing of interest could not properly be litigated at the hearing herein, since determination of showing of interest is purely an administrative matter. Respondent's request for review urges the Board to ascertain the facts and review the Regional Director's ruling, we have treated it as an appeal from the Regional Director's ruling. We have examined the administrative file underlying the Regional Director's decision to process the petition based on his showing of interest determination, and have concluded that the facts developed in the course of that investigation were such as to have required an administrative dismissal of the petition, for the reasons set forth in the text of this Decision. 2 The Toledo Stamping & Manufacturing Company, 55 NLRB 865 (1944) In view of our disposition of the instant case, we need not consider other issues raised in the request for review 215 NLRB No. 16