Finding a prima facie case for overturning an election in which a priest, who was not a union agent, stated that workers should vote for the union because the company's owners were Jewish and "Jewish people are rich and we are poor and killing ourselves for them"
Holding that third-party appeals to racial prejudice warrant invalidation of an election if they “destroyed the atmosphere necessary to the exercise of a free choice in the representation election”
Holding that a hearing was necessary in order to show, among other things, whether the "totality of circumstances surrounding [the racially inflammatory remark] evinced an atmosphere in which those remarks may reasonably be expected to have had a significant impact on the employees' free exercise of choice" and that the "burden of proving that the utterance was harmless" was on the party responsible for the racial slur
Concluding that a Board hearing was warranted when a union organizer's statement "concerning the white employees' need for protection" was "in itself, insufficient to establish any particular intent to exacerbate racial feelings among the employees," but the statement "placed an undue emphasis" on racial issues "in light of the pre-existing racial tension that existed at the time the alleged statements were made"