National Labor Relations Board v. Air Control Products of St. Petersburg Inc‪.‬

BROWN, C. J.: This is another § 8(a)(5), 29 USCA § 158(a)(5), case in which the Employer defends by asserting defects in the § 9, 29 USCA § 159, representation proceedings which resulted in the certification of the Union as the exclusive collective bargaining representative of Employers workers. In its § 8(a)(5) attack on the certification, the Employer makes two primary contentions. First, it asserts that the Regional Director and the Board incorrectly denied a hearing on its objections to the manner in which the election was conducted, and second, it urges that the Trial Examiner in the § 8(a)(5) case erroneously refused to hear proffered evidence bearing on the intrinsic merits of both the objections and the preelection unit determination. Wrapped up in all this is the further contention that the Hearing Officer improperly denied a request for continuance of the § 9 representation hearing.