ARB, Inc., (2003)

• Date: 05 August 2003

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

Region 21

ARB, INC.

Employer

and Case 21-RC-20642

SOUTHERN CALIFORNIA DISTRICT

COUNCIL OF LABORERS AND ITS

AFFILIATED LOCAL UNIONS,

LABORERS INTERNATIONAL UNION

OF NORTH AMERICA

Petitioner

DECISION AND DIRECTION OF ELECTION

Upon a petition duly filed under Section 9(c) of the

National Labor Relations Act, as amended, a hearing was

conducted before a hearing officer of the National Labor

Relations Board, hereinafter referred to as the Board.

Pursuant to the provisions of Section 3(b) of the

Act, the Board has delegated its authority in this proceeding

to the undersigned Regional Director.

Upon the entire record in this proceeding, the

undersigned finds:

1. The hearing officer's rulings made at the

hearing are free from prejudicial error and are hereby

affirmed.

2. The Employer is engaged in commerce within the

meaning of the Act and it will effectuate the purposes of the

Act to assert jurisdiction herein.

3. At the time of the hearing, the Petitioner was

the recognized representative of certain employees of the

Employer, under Section 8(f) of the National Labor Relations

Act. Inasmuch as the Employer refused to stipulate at hearing

that the Petitioner is a labor organization within the meaning

of the Act, the Petitioner's status as a labor organization is

at issue.1

Section 2(5) of the National Labor Relations Act

states:

The term "labor organization" means any

organization of any kind, or any agency or employee

representation committee or plan, in which

employees participate and which exists for the

purpose, in whole or in part, of dealing with

employers concerning grievances, labor disputes,

wages, rates of pay, hours of employment, or

conditions of work.

Thus, only three requirements must be met to

establish the status of a labor organization under the Act.

First, it must be an organization or group of any kind.

Second, employees must participate in the organization.

Third, the organization must exist, at least in part, to deal

1 The Employer, however, did not address this issue in its

brief.

2