California Wrought Iron, Inc.

National Labor Relations Board - Board Decisions

Feb 8, 1954

107 N.L.R.B. 1095 (N.L.R.B. 1954)

CALIFORNIA WROUGHT IRON , INC 1095
investigated the objections and, on November 3, 1953, issued
and duly served upon the parties a "Report on Objections to
Election," in which he recommended that the objections be
overruled and that the results of the election be certified.
Thereafter, on November 24, 1953, the Petitioner filed timely
exceptions to the Regional Director's report.
Having duly considered the matter, the Board finds as follows:
The Petitioner objected to the election upon the grounds,
inter alia,2 that employees were assembled on company time
and property to listen to an antiunion speech and, although
requested to do so, the Employer denied the Petitioner similar
facilities for addressing employees. This objection is based on
Bonwit Teller which we have repudiated. However, we shall
set aside the election in accordance with our Peerless Plywood
election rule.
On July 13, 1953, the day before the election, at about 4:15
p. m., the Employer's president addressed the employees
assembled in the plant, concluding his speech about4:30 p. m.,
when the working day ended. This speech was made less than
24 hours before the election.
In our recent decision in Peerless Plywood Company 3
we established the rule that election speeches on company
time to massed assemblies of employees within the 24-hour
period before the scheduled time for conducting an election,
will be sufficient ground for setting aside the election. As the
Employer's speech was made less than 24 hours before the
polls opened it was in violation of our election rule. Accord-
ingly, we shall set aside the election and direct that a new
election be held in accordance with the Board's new rule.'
[The Board set aside the election held on July 14, 1953.]
[Text of Second Direction of Election omitted from publi-
cation.]
2 The Petitioner also asserted other reasons for setting aside the election. In view of our
determination herein, we find it unnecessary to consider the remaining objections.
3107 NLRB 427.
4Although Member Murdock dissented in part from the majority opinion in the Peerless
Plywood case, he nevertheless now considers himself bound by that decision.
CALIFORNIA WROUGHT IRON, INC. and LOCAL 576, FURNI-
TURE WORKERS, UPHOLSTERERS & WOOD WORKERS
UNION, INDEPENDENT, Petitioner. Case No. 21-RC-2661.
February 8, 1954
SUPPLEMENTAL DECISION AND ORDER
On September 24, 1952, the Board issued in this case a cer-
tification of representatives to the Petitioner. Thereafter, the
107 NLRB No. 223.
1096 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Employer filed a motion , dated October 13, 1953, for a rede-
termination of the compliance status of the Petitioner and for
revocation of the certification herein. On December 10, 1953,
the Board issued a notice to show cause to the Petitioner why
the Board should not determine that the Petitioner had never
been in compliance with Section 9 (h) of the Act and why, if
such determination was made, the Board should not revoke
the certification issued herein.
On January 14, 1954, the Board determined that the Petitioner
was not in compliance at times material hereto . No sufficient
cause has been shown why the Board should not proceed as in-
dicated in the notice to show cause.
[The Board set aside the entire proceedings and revoked the
certification of representatives issued therein.]
Member Murdock took no part in the consideration of the
above Supplemental Decision and Order.'
GENERAL MOTORS CORPORATION , CENTRAL FOUNDRY
DIVISION and INTERNATIONAL UNION, UNITED AUTOMO-
BILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, CIO , Petitioner . Case No. 13-RC-
3426. February 8, 1954
DECISION AND ORDER.
Pursuant to a stipulation for certification upon consent elec-
tion , an election by secret ballot was conducted on July 28,
1953, under the direction and supervision of the Regional
Director for the Thirteenth Region. At the conclusion of the
election a tally of ballots was furnished to the parties which
showed that of approximately 36 eligible voters , 34 cast
ballots , of which 17 were for the Union, 16 were against, and 1
was marked void.
Thereafter , on July 31 , 1953, the Employer filed timely
objections to the tally of ballots , alleging that the ballot
marked "void" was a valid ballot and represented a "No"
vote . In accordance with the Board ' s Rules and Regulations, the
Regional Director duly investigated the issue raised by the
Employer's objections and, on August 7, 1953, issued and
served upon the parties his report on objections in which he
concluded that the ballot in question was valid and constituted a
vote against the Union and recommended that the tally of ballots
be revised accordingly and thatthepetitionhereinbe dismissed
because the Union had failed to obtain the requirbd majority.
To this report the Union filed timely exceptions.
Thereafter , on August 10, 1953, the Union also served and
filed its objections to conduct affecting the election , alleging,
107 NLRB No. 232.