Continental Can Co.

National Labor Relations Board - Board Decisions

Nov 23, 1948

80 N.L.R.B. 785 (N.L.R.B. 1948)

In the Matter Of CONTINENTAL CAN COMPANY, EMPLOYER and INTER-
NATIONAL ASSOCIATION OFF MACHINISTS, DISTRICT No. 9, PETITIONER
Case No. 14-RC470
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
November 23, 1948
Pursuant to a Decision and Direction of Election,' an election by
secret ballot was conducted on August 27, 1948, under the direction
and supervision of the Regional Director for the Fourteenth Region,
among the employees of the Employer in the unit found to be appro-
priate. At the close of the election, the parties were furnished a
Tally of Ballots. The Tally showed that there were approximately
210 eligible voters, and that 156 ballots were cast of which 71 were for
the Petitioner, 78 were against the Petitioner, and 7 were challenged.
On September 3, 1948, the Petitioner filed Objections to Election,
in which it alleged that (1) officers of the Intervenor 2 intimidated
voters into voting against the Petitioner; (2) representatives of the
Petitioner were ordered by a Board agent to cease distributing hand-
bills at the plant entrance during the election and complied with that
order, while representatives of the Intervenor were likewise ordered
to cease distributing handbills at the plant entrance during the elec-
tion, but nevertheless continued to do so; and (3) during the election,
representatives of the Intervenor engaged in electioneering on the
stairway leading to the voting room which was in the immediate area
of the polling place.
On October 6, 1948, the Regional Director issued his Report on
Objections to Election and served copies thereof on the parties. In
178 N. L. R.B 819.
2 Having failed to comply with the filing requirements of Section 9 (f), (g), and (h) of
the Act, as amended , the Intervenor , United Steelworkers of America, CIO, Local 1120, was
not accorded a place on the ballot.
80 N. L. R. B., No. 124.
785
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
his Report, the Regional Director reported that his investigation dis-
closed no evidence to sustain objections (1) and (3), but did reveal the
following evidence with respect to objection (2) : The election was
scheduled for 3 p. m., at the Employer's plant. The Board agent in
charge of the election arrived at the plant at approximately 2: 15 p. m.
and noticed several men passing out handbills near the plant entrance.
Upon learning that they were representatives of the Petitioner, the
Board agent advised them that he considered the area in which they
were distributing handbills as part of the "no electioneering" area and
requested them to move approximately 20 yards farther away. This
request was complied with. The election started at 3 p. m. The vot-
ing place was set up on the second floor of the plant and the voting
booths were located in front of windows overlooking the plant's main
entrance. Thus, the "no electioneering" area was in full view of the
Board agent and all voters entering the booths.
Approximately 10 minutes after the election began, the Board agent
observed 4 men stationed about 50 feet from the plant entrance in
approximately the same position that had been occupied by the Peti-
tioner's representatives before they were requested to move. These
men were distributing handbills. The Board agent was advised that
they were representatives of the Intervenor. Being unable to leave
the polling place, the Board agent delegated one of the employees to
notify the 4 men stationed at the plant entrance that they were too
close to the polling place and that the Board agent ordered them to
leave the immediate area. The employee who carried this message for
the Board agent talked to these men and returned to inform the Board
agent that the Intervenor's representatives refused to leave. During
the entire election, these men remained outside the plant entrance and
continued to distribute handbills urging the employees to vote "No".
The Regional Director concluded his Report with a recommenda-
tion that the Board sustain the objections, set aside the election, and
direct that a new election be conducted. No party has filed exceptions
to the Regional Director's Report.
In view of the findings and recommendations of the Regional Di-
rector and the lack of exceptions thereto, we find that the Petitioner's
objections raise substantial and material issues with respect to the
conduct of the election. The objections are hereby sustained. Ac-
cordingly, we shall set aside the election 3 and shall direct that a new
election be held.
8 Matter of Kilgore Manufacturing Company, 45 N. L. R. B . 468; Matter of Detroit
Creamery Company, Arctic Ice Cream Plant, 60 N. L. R. B. 178.
CONTINENTAL CAN COMPANY
ORDER
787
IT is HEREBY oRDERm that the election held on August 27, 1948, among
the employees of Continental Can Company, at its St. Louis, Missouri,
Plant No. 73, be, and it hereby is, vacated and set aside.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for purposes
of collective bargaining with Continental Can Company, St. Louis,
Missouri, an election by secret ballot shall be conducted as early as
possible, but not later than 30 days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Fourteenth Region, and subject to Sections 203.61 and 203.62 of Na-
tional Labor Relations Board Rules and Regulations-Series 5, as
amended, among the employees in the unit found appropriate in
Section 4 of the original Decision and Direction of Election herein,
who were employed during the pay-roll period immediately preceding
the date of this Second Direction of Election, including employees who
did not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, but excluding those employees who
have since quit or have been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also ex-
cluding employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented, for purposes
of collective bargaining, by International Association of Machinists,
District No. 9.
MEMBERS HOUSTON and GRAY took no part in the consideration of the
above Supplemental Decision, Order, and Second Direction of Election.
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