Share Group, Inc., 171 (1997)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD

323 NLRB No. 121

Share Group, Incorporated and International Longshoremen's and

Warehousemen's Union, Local 6, Petitioner. Case 20-RC-17232

MAY 9, 1997

ORDER DENYING REVIEW

BY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINS

The proposed intervenor's request for review of the Regional

Director's refusal to allow the Communications Workers of America, AFLCIO, to intervene in Case 20-RC-17232 filed by International

Longshoremen's and Warehousemen's Union is denied. The Employer recognized the Communications Workers of America (CWA),

in April 1996, prior to hiring any unit employees. In October 1996, an

employee filed charges alleging that the granting of recognition,

acceptance of recognition, and the collective-bargaining agreement based

on the recognition were violative of Sections 8(a)(2) and 8(b)(1)(A) of

the Act. Thereafter, a unilateral informal settlement agreement was

approved by the Regional Director which, in part, required the parties

to post a notice to employees and members. On January 31, 1997, the day

the Union began its posting, the International Longshoremen's and

Warehousemen's Union filed the petition. Thereafter, during the notice

posting period, the CWA attempted to intervene based on cards dated

after the alleged unlawful conduct but either before the settlement or

before the expiration of the notice posting period. Citing the NLRB

Casehandling Manual Representation Proceedings section 11730.8 (Part

Two), the hearing officer and the Regional Director denied intervention. We agree with the hearing officer and the Regional Director that the

requirement that the showing of interest, submitted by a proposed

intervenor which has signed an informal settlement agreement requiring

that it cease acting as collective-bargaining representative unless and

until it is certified by the Board, must postdate the expiration of the

notice posting period is not an inappropriate extension of section

11730.8. The requirement assures that the proposed intervenor's showing

of interest is free from any lingering taint. Cf. Halben Chemical Co.,

124 NLRB 1431 (1959). We note that the Regional Director, in his discretion, had left open

the hearing, and the submission of a signed authorization card dated

after the expiration of the notice posting period would have allowed

intervention and accorded the intervenor a place on the ballot. More

than 2 weeks have now elapsed since the notice posting period...