Alliance Ware, Inc.

National Labor Relations Board - Board Decisions

Nov 14, 1950

92 N.L.R.B. 55 (N.L.R.B. 1950)

In the Matter Of.ALLIANCE WARE, INC., EMPLOYER and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS (AFL),
PETITIONER
Case No. 8-RC-821
SUPPLEMENTAL DECISION, ORDER, AND SECOND
DIRECTION OF ELECTION
November 14, 1950
Pursuant to the Decision and Direction of Election,' issued on July,
19, 1950, an election was conducted in this proceeding on August 10,
1950, under the direction and supervision of the Regional Director
for the Eighth Region, among employees in the unit heretofore found
appropriate. The tally of ballots shows that 160 valid ballots were
cast for the Petitioner; that 108 valid ballots were cast for the In-
tervenor; 2 that 2 valid ballots were cast against both labor organi-
zations; and that 9 ballots were challenged. The Employer and the
Intervenor filed timely objections to the conduct of the election and
to conduct affecting the results of the election, contending that the
Petitioner, contrary to rules in the Board's notice of election,3 en-
gaged in electioneering near the polling place during the election,
and requesting that the election be set aside.
On October 2, 1950, the Regional Director issued and served on_
the parties his report on objections. The Regional Director found,
among other things, that the Petitioner, from about 6: 40 a. m. until
10 a. m. and from 2 p. m. until shortly after 4 p. in. on election day,4
broadcast electioneering material from a sound truck on a public
highway across the street from the Employer's parking lot, approxi-
mately 124 feet from the plant gate and approximately 310 feet from
the employees' entrance to the plant; that the polling place was
I Unpublished.
? Alliance Porcelain Employees Association, Inc.
The notice of election states in part : "Voters will be allowed to vote without interfer-
ence , restraint, or coercion. Electioneering will not be permitted at or near the polling
place . Violations of these rules should be reported immediately to the Regional Director
or his agent in charge of the election."
4 The election was held between the hours of 6 : 30 a. m . and 8 : 30 a. m. and 2: 30 p. m.
and 6 p . m. The Employer alleges that the sound truck operated during the entire time that
the polls were open.
92 NLRB No. 11.
55
56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
located inside the plant approximately 30 feet from the employees'
entrance ; that a substantial percentage of eligible voters approached
the employees' entrance by entering the plant gate and crossing' a
parking lot and an areaway between the sound truck and the entrance;.
that the sound from the truck could be clearly heard by these em-
ployees all the way to the employees' entrance i and that, although
the Board agent conducting the election, at the Employer's request,
asked the Petitioner's chief observer to clo what he could to stop the
broadcasting,5 the Petitioner continued its use of the sound truck.
Because the sound truck was located approximately 310 feet from
the employees' entrance and 340 feet from the polling place, because
there was no evidence as to whether the door to the employees' en-
trance was open or closed, or that the broadcasting could be heard at
the polling place,(' and because no employee had to stand outside the
employees' entrance awaiting his turn to vote, the Regional Director
concluded that, although the voice of the broadcaster was clearly
audible from the sound truck to the employees' entrance near the ,
polling place, the objections raised no material or substantial issues
and were without merit, and recommended that they be overruled.
On October 9, 1950, the Employer filed exceptions to the Regional
Director's report; on October 13, 1950, the Petitioner filed a motion to
dismiss the exceptions; and on October 17, 1950, the Employer filed
a reply to the Petitioner's motion.
. The findings of fact set forth in the Regional Director's report are
not disputed. The issue arises with respect to his conclusions. The
sole question is whether the electioneering conducted by the Petitioner
by means of the sound truck was "at or near" the polling place.. We
believe that it was. The determining factor is not the linear distance
from, the sound truck to the employees' entrance or the polling place,
but the immediacy of the voice of the electioneering broadcaster to
the eligible voters as they approached the polling place through the
parking lot and areaway. We are therefore of the opinion and find
that the Petitioner engaged in electioneering near the polling place
during election hours, and that its conduct was a violation of a material
and salutary election rule and constituted interference with the con-
duct of the election.'
Accordingly, we shall set aside the election and shall direct that a
new election be held.
5 The chief observer left the polling place , presumably to contact the persons operatilig
the truck, and upon his return informed the Board ' s agent . that he thought that the
Petitions would" cease broadcasting.
e There may have been noise caused by machinery in the immediate vicinity of the polling
place.
7 Detroit Creamery Company, Arctic Ice Cream Plant , 60 NLRB 178 ; The Kilgore Manu-
facturing Company, 45 NLRB 468 Continental Can Company, 80 NLRB 785.
ALLIANCE' WARE:, INC.
ORDER
57
IT IS HEREBY ORDERED that the election held on August 10, 1950,
among employees of the Employer at its Alliance, Ohio, plant, be, and
it hereby is, vacated and set aside.
[Text of Second Direction of Election omitted from publication in
this volume.]
CHAIRMAN HERZOO and MEMBER MURDOCK took no part in the con-
sideration of the above Supplemental Decision, Order, and Second
Direction of Election.