Guardian Container Co., Inc.

National Labor Relations Board - Board Decisions

Jan 8, 1969

174 N.L.R.B. 34 (N.L.R.B. 1969)

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
'The 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