Albion Malleable Iron Co.

National Labor Relations Board - Board Decisions

Apr 20, 1953

104 N.L.R.B. 225 (N.L.R.B. 1953)

ALBION MALLEABLE IRON COMPANY 225
employees , employed at the Employer ' s Brady, Texas, plant,
but excluding secretaries to the vice president , treasurer, plant
superintendent , shop superintendent , consulting engineer, and
accounting department head , all other employees , guards,
nurses, and supervisors within the meaning of the Act.
[Text of Direction of Elections omitted from publication in
this volume, ]
ALBION MALLEABLE IRON COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO),
Petitioner and INTERNATIONAL MOLDERS AND FOUNDRY
WORKERS UNION OF NORTH AMERICA, LOCAL 413, AFL.
Case No . 7-RC-1991. April 20, 1953
DECISION AND CERTIFICATION OF REPRESENTATIVES
Following the filing of a petition alleging that a question
affecting commerce exists concerning the representation of em-
ployees of the Employer, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, as amended, the parties, on
January 9, 1953, entered into a "Stipulation for Certification
upon Consent Election." In accordance with said stipulation and
the Rules and Regulations of the Board, an election was con-
ducted on January 16, 1953, among all production and main-
tenance employees at the Employer's Albion, Michigan, plant,
excluding clerical employees, engineering employees , techni-
cians , watchmen , guards, and foremen and other supervisors
as defined in the Act. The-tally of ballots shows that, of approx-
imately 506 eligible voters, 247 cast ballots for the Petitioner,
227 cast ballots for the Intervenor, 5 cast ballots against par-
ticipating labor organizations, 5 ballots were void, and 11
balots were challenged. The challenged ballots are insufficient
to affect the outcome of the election.
On January 23, 1953, the Intervenor filed objections to the
conduct of the election, and, on February 3, 1953, amended ob-
jections thereto.
On March 12, 1953, following an investigation conducted pur-
suant to the Rules and Regulations of the Board, the Regional
Director issued and duly served on the parties his report on
objections, in which he found without merit all the Intervenor's
original and amended objections and recommended that the same
be overruled and that the Board certify the Petitioner as the
exclusive bargaining representative of the Employer's em-
ployees in the appropriate unit.
On March 21, 1953, the Intervenor filed timely exceptions to
the Regional Director's report on objections, requesting that
the Board , on the basis of its objections , set aside the election
and order a new election.
104 NLRB No. 31.
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board' finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organizations involved claim to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 (6) and '(7) of the Act.
4. In accordance with the agreement of the parties, we find
that all production and maintenance employees at the Em-
ployer's Albion, Michigan, iron castings manufacturing plant,
excluding clerical employees, engineering employees, techni-
cians, watchmen, guards, and foremen and other supervisors as
defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act.
5. Because none of the parties except thereto, we hereby
adopt the findings of fact as set forth in the Regional Director's
report on objections.
In support of its request that the Board set aside the election,
the Intervenor advances the following contentions: (a) That the
Petitioner failed to receive a majority of all ballots cast, in-
cluding valid, challenged, and void ballots; (b) that the challenged
ballots are valid and therefore should be counted; (c) that sub-
sequent to the election, the Intervenor discovered reasons, un-
known to the parties or to the Board agent at the time of the
election, to believe that 6 of the voters reside illegally in the
United States and that the legality of their residence should be
ascertained before the outcome of the election can be properly
determined; (d) that the Board agent, without first seeking per-
mission of the Intervenor's representatives, conversed with 2
or 3 of the voters in a foreign language within the voting area
and during the voting; and (e) that the Petitioner, through the
purchase of alcoholic drinks and by false promises made prior
to the election, sought to influence the voters in their choice of
a bargaining representative.
We find no merit in these contentions. As to (a), it is the well-
established practice of this Board, sustained by the courts, to
certify only those unions which receive a majority of the valid
votes cast.2 As to (b), we find it unnecessary to determine the
validity of the challenged ballots, because, as noted above, they
are not determinative of the outcome of the election. As to (c),
it is unnecessary to consider the merits of the contention, be-
cause the question of voting eligibility thus raised is in the
nature of a postelection challenge and therefore not a matter for
our consideration at this time.3 As to (d), it is undisputed that
the Board agent conversed with the voters through an interpreter
solely to acquaint these non-English-speaking employees with
i Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board
has delegated its powers in connection with this case to a three-member panel [Chairman
Herzog and Members Styles and Peterson.]
2 Vulcan Furniture Manufacturing Corporation , 97 NLRB 1116 , and cases cited therein.
3 Westinghouse Electric Corporation , 91 NLRB 955, 963.
POLLOCK MILL CO. 227
the mechanics of voting and asked them in a foreign tongue if
they understood what had been told them. Whether or not, as the
Intervenor contends, the Board agent failed to advise the Inter-
venor's representatives in advance of his intentions in thus con-
versing with these voters, it cannot be said that the Board agent,
under the circumstances present here, was guilty of improperly
influencing the election.4 As to (e), the Petitioner's preelection
conduct contained no element of coercion and therefore falls
within the permissible area of electioneering activities with
which this Board does not interfere; whether or not the Pe-
titioner's statements made during the course of its campaign
are true is immaterial to our inquiry.' We therefore overrule
the Intervenor's objections.
Because the Petitioner has received a majority of the valid
votes cast in the election, we shall certify this labor organiza-
tion as the exclusive bargaining representative of the em-
ployees of the Employer in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America (UAW-CIO) has been designated and selected by a
majority of all production and maintenance employees at the
Albion, Michigan, plant of Albion Malleable Iron Company, ex-
cluding clerical employees, engineering employees, techni-
cians, watchmen, guards, and foremen and other supervisors
as defined in the Act, as their representatives for the purposes
of collective bargaining and that, pursuant to Section 9 (a) of
the Act, as amended, the said labor organization is the exclu-
sive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours
of employment, and other conditions of employment.
4 we also find without merit the Intervenor's additional contention that voters should be re-
quired to have some knowledge of English to entitle them to vote in an election. We find
nothing in the Act or in the expressed intentions of Congress with respect thereto to support
such a contention.
6 West-Gate Sun Harbor Company, 93 NLRB 830.
C. EARL POLLOCK, LEONARD A. CHAPDELAINE, AND
ELMER D. CHAPDELAINE, individually and as co-partners,
d/b/a POLLOCK MILL CO., and POLLOCK MILL COMPANY,
a corporation, as successor in interest to C. EARL POL-
LOCK, LEONARD A. CHAPDELAINE, and ELMER D.
CHAPDELAINE, co-partners , d/b/a POLLOCK MILL CO.
and LUMBER AND SAWMILL WORKERS UNION, LOCAL NO.
2561, UNITED BROTHERHOOD OF CARPENTERS & JOINERS
OF AMERICA, AFL. Case No. 20-CA-704. April 21, 1953
DECISION AND ORDER
On January 21, 1953, Trial Examiner Wallace E. Royster
issued his Intermediate Report in the above-entitled proceed-
104 NLRB No. 30.