Hearth Craft, Inc., 1304 (1976)

Hearth Craft, Inc. and Shopmen's Local Union No.

657 of the International Association of Bridge,

Structural and Ornamental Iron Workers, AFLCIO, Petitioner. Case 5-RC-9494

March 9, 1976 DECISION ON REVIEW

BY CHAIRMAN MURPHY AND MEMBERS JENKINS,

PENELLO, AND WALTHER On November 19, 1975, the Regional Director for Region 5 issued a Decision and Direction of Election in the above-entitled proceeding, finding, contrary to the Employer, that the existing complement of employees in the requested unit was a representative and substantial one; he therefore directed an immediate election. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board's Rules and Regulations and Statements of Procedure,

Series 8, as amended, the Employer filed a timely request for review, with supporting brief, of the Regional Director's decision on the grounds that in reaching the above conclusions he made factual findings which are clearly erroneous, and that he departed from officially reported precedent.

By telegraphic order dated December 16, 1975, the Board granted the Employer's request for review and stayed the election pending decision on review.

The Board has considered the entire record in this case with respect to the issues under review and makes the following findings:

The Employer argues that at the time of the hearing its operations were rapidly expanding and that its full work force would not be hired until March 1976.

At the time of the hearing the Employer employed 23 employees in 11 job classifications, only 26 percent of the employees and 46 percent of the job classifications projected for March 1, 1976. The Employer contends, therefore, that its existing complement was neither representative nor substantial in relation to that projected for March 1, 1976, and that the petition should have been dismissed. In the alternative, the Employer contends that the eligible payroll period and election date should be postponed until December 31, 1975, at which time it planned to have in its employ approximately 73 percent of the eventual work force in about 78 percent of the ultimate job classifications.

Inasmuch as the December 31, 1975, date has passed and it is clear from the record that the unit complement after such date would be a representative and substantial segment of the projected work force, we find no impediment to an election now.

The case is hereby remanded to the Regional Director for the purpose of conducting an...