A. S. Abell Co.

National Labor Relations Board - Board Decisions

Dec 15, 1953

107 N.L.R.B. 362 (N.L.R.B. 1953)

362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees who , during the off season , do maintenance and con-
struction work on the gins and oil mill, and most of whom do pro-
duction work during the seasonal period. Statistics submitted
at the hearing show that the seasonal employees are employed,
on the average , fora total of 13 weeks . However , about 100 sea-
sonal employees remain throughout the entire 20-week season.
Many of them retain contact with their supervisors during the off
season , and about 34 percent of the seasonal employees are re -
employed each year .' Because of their skill , about 40 to 50 per -
cent of the seasonal employees who return yearly are employed in
key production positions at the plants , as are many year-round
employees . Most of the employees performing the same work re -
ceive the same rate of pay, regardless of whether they are
seasonal or year-round employees . Preference in hiring for
seasonal work is given to those employees who have worked
during a previous season . Year - round employees have certain
benefits that seasonal employees do not receive , such as va-
cations with pay, seniority rights , and pensions.
Upon the entire record , we find that : ( 1) The seasonal em-
ployees have sufficient community of interests with the non-
seasonal employees to warrant their inclusion in the unit
sought by the Petitioner ; and (2 ) they have sufficient interest in
the working conditions at the gins and mill to entitle them to
vote in the election directed herein.8
W@ find that the following employees constitute a unit appro-
priate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's
gins and mill at Corcoran , Tulare , and Tipton , California, in-
cluding seasonal employees , shipping and receiving employees,
warehousemen , and truckdrivers , but excluding office clerical,
professional , and technical employees , watchmen , guards,
agricultural laborers , ranch - shop , feed -mill, and water-
department employees , and supervisors as defined in the Act.
5. In view of the proximity of the peak of the seasonal em -
ployment , we shall direct an immediate election.
[Text of Direction of Election omitted from publication.]
7 The above findings are based on the 2-year period, 1951-53, which the parties stipulated
is typical of the Employer's operations.
8 Stokely- Van Camp, Inc , 102 NLRB 1259; Utah Canning Co , 100 NLRB 606
A. S. ABELL COMPANY (WMAR-TV) and AMERICAN FED-
ERATION OF TELEVISION AND RADIO ARTISTS, AFL. Case
No. 5-RC-1323. December 15, 1953
DECISION AND CERTIFICATION OF RESULTS
OF ELECTION'
On September 15, 1953 , pursuant to a stipulation for certifica-
tion upon consent election executed between the Employer and
107 NLRB Ido 102. 1
A. S. ABELL COMPANY (WMAR-TV) 363
Petitioner on August 19, 1953, an election by secret ballot was
conducted under the direction and supervision of the Regional
Director for the Fifth Region. At the conclusion of the election,
the parties were furnished with a tally of ballots which showed
that of approximately 7 eligible voters , 7 cast ballots , of which
3 were for the Petitioner , and 4 were against the participating
labor organization.
Thereafter , on September 18, 1953, the Petitioner filed
timely objections to conduct affecting the results of the election,
alleging that the Employer had interfered with, restrained, and
coerced the employees , by a letter sent to each employee on
September 15, 1953, the day of the election , and thereby pre-
vented a free choice of representatives. The Petitioner further
alleged that the Employer coerced the employees by refusing to
honor the Union's designations , and requiring an election
"solely to evade and defeat its responsibility to bargain with
said Representative ." The Petitioner requested that the Reg-
ional Director ( 1) set aside the election ; (2) certify the Pe-
titioner ; and (3) order the Employer to bargain with the Union.
In accordance with the Board's Rules and Regulations, the
Regional Director investigated the Petitioner ' s objections,
and on October 22, 1953, issued and served upon the parties
his report on objections , in which he found the objections to be
without merit and recommended that they be overruled, and
that a certification of results of election issue. On October 28,
1953, the Petitioner filed exceptions to the Regional Director's
report, and on November 12, 1953, the Employer filed a brief
in support of the Regional Director ' s report.
On October 14, 1953, the Petitioner by letter stated that the
objections filed in the above matter go to the contents of the
letter and the matter and timing of its distribution and to no
other event prior to the election."
With respect to the contents of the letter , the Regional Di-
rector found that it contained neither "promise of benefit,"
nor "threat of reprisal , implied or otherwise , and is there-
fpre, protected free speech under Section 8 (c) of the Act."
We agree. A close study of the language used shows that,
although the letter clearly indicated the Employer's pre-
ference for dealing directly with the employees rather than
through a labor organization , it contained no threat of reprisal
or force, or promise of benefit, and made it clear to the em-
ployees that they were free to vote as they chose . The Board
has held that such views fall within the protective ambit of
Section 8 (c) of the Act.1
1Q-F Wholesalers , Inc., 87 NLRB 1085, 1086
107 NLRB No. 102.
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to the manner and timing of the distribution of
the letter , the Regional Director found that it was sent to each
eligible employee, either by use of the office mailboxes, or
through personal delivery by the secretary of the vice president.
The mailboxes were approximately 85 feet from , and not within
view of, the polling area . The letter was placed in the boxes
around 1 p. m. , or delivered by hand about 1 : 15 p. m. with one
exception .' The election was held between 4 and 5 p. m. the
same afternoon . The Regional Director was of the opinion that
the manner and timing of the distribution did not interfere
with a free choice of representatives . We agree . The Board
has held under similar circumstances that such a distribution
of material does not substantially interfere with the conduct of
the election.3 We find, therefore , that there was no sub-
stantial interference with the conduct of the election. Ac-
cordingly, we overrule the Petitioner ' s objections.
As the Petitioner failed to secure a majority of the valid
ballots cast , we shall certify the results of the' election.
[The Board certified that a majority of the valid ballots was
not cast for American Federation of Television and Radio
Artists, AFL, and that the said labor organization is not the ex-
clusive representative of the employees of the Employer.]
2 The Regional Director found that one employee did not report for work until 4:30 p. m
At that time he discovered the letter in his mailbox, which had been placed there at 1 p. m ,
and while reading it , was approached by the secretary and told that there was a letter for
him in his box . The employee obviously could not have received the letter prior to report-
ing for work , and was already reading it when approached by the secretary . Moreover, as
stated earlier, the letter contained no coercive comment , or material which would con-
stitute interference with a free choice of the ballot. We find this objection without merit.
Emerson Electric Company, 106 NLRB No. 28; Allen-Morrison Sign Company, Inc., 104
NLRB 1063; Moyer & Pratt, Inc., 100 NLRB 1147.
3Meyer & Welch, Inc., 85 NLRB 706; South Bend White Swan Laundry, 106 NLRB 179.
NEW YORK SHIPPING ASSOCIATION AND ITS MEMBERS,
AS FOLLOWS: 1. STEAMSHIP LINES AND AGENTS: ALCOA
STEAMSHIP COMPANY, INC., AMERICAN EXPORT LINES,
INC., AMERICAN-HAWAIIAN STEAMSHIP COMPANY,
AMERICAN-ISRAELI SHIPPING CO., INC., AMERICAN
PRESIDENT LINES, LTD., AMERICAN-WEST AFRICAN
LINE, INC., ANCHOR LINE, LTD., ARGENTINE STATE
LINE, ATLANTIC OVERSEAS CORPORATION, BERCOVICI
NAVIGATION AGENCY, INC., BARBER STEAMSHIP LINES,
INC., BLACK DIAMOND STEAMSHIP CORP., BOISE-
GRIFFIN STEAMSHIP CO., INC., BOOTH AMERICAN
SHIPPING CORPORATION, BOYD, WEIR & SEWELL, INC.,
BRISTOL CITY LINE OR STEAMSHIPS, LTD., BULL-
INSULAR LINE, INC., CHILEAN LINE, COSMOPOLITAN
SHIPPING COMPANY, INC., CUNARD STEAMSHIP
COMPANY, LTD., DICHMANN, WRIGHT & PUGH, INC.,
107 NLRB No 123