Cutter Laboratories

National Labor Relations Board - Board Decisions

Feb 23, 1949

81 N.L.R.B. 974 (N.L.R.B. 1949)

In the Matter of CIITrER LABORATORIES , EMPLOYER and W. R. HARDIE,
ET AL ., PETITIONER and BIo-LAB UNION OF LOCAL 225, UNITED OFFICE
AND PROFESSIONAL WORKERS OF AMERICA , C. I. 0., UNION
Case No. 20-RD-13
SUPPLEMENTAL DECISION
AND
CERTIFICATE OF RESULTS OF ELECTION
February 23, 1949
On November 9, 1948, pursuant to a Decision and Direction of
Election 1 issued by the Board,2 an election by secret ballot was con-
ducted under the direction and supervision of the Regional Director
for the Twentieth Region. Thereafter, a Tally of Ballots was fur-
nished the parties. The Tally shows that, of the 31 valid votes
counted, 8 were for the Union, and 23 against the Union.
On December 9, 1948, the Union filed objections to the conduct of
the election. It asserted that certain activity of the Employer, more
fully set forth below, prevented a free choice by the employees, and
requested that the election be set aside. In accordance with the Board's
Rules and Regulations, the Regional Director conducted an investi-
gation. On January 13, 1949, the Regional Director issued and duly
served upon the parties his Report on Objections, in which he found
that the objections raised no substantial and material issues, and
recommended that they be overruled. The Union filed exceptions to
the Regional Director's report.
The Union's objections to the election alleged in substance that:
(1) On the morning of the election, prior to the voting, a letter urging
a "No" vote, signed "The Petitioners for the Election", was distributed
via "Company mail" and was handed to each eligible voter on the
job by supervisors; and (2) although the Employer posted a notice
180 N. L. R. B. 213.
1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board delegated its powers in connection with this case to a three-man panel consisting
of Chairman Herzog and Board Members Houston and Murdock . Chairman Herzog did
not participate in this Supplemental Decision.
81 N. L. R. B., No. 150.
974
CUTTER LABORATORIES 975
on its bulletin boards stating that the distribution of the letter by
supervisors was not authorized by the Employer, such notice was not
posted until 15 to 20 minutes before the balloting begun, so that some
of the voters may not have seen the notice prior to the balloting.
The Regional Director found that the distribution of the letter by
the Petitioner was through the regular "Company mail" system, and
that no supervisor actually handed the letter to any employee. One
supervisor, at the request of one of the Petitioners, carried nine of
the letters to his department and handed them to his secretary for
distribution. The secretary is the person who customarily distributes
mail in that department. Upon learning from the Union that a super-
visor had handled the letter, the Employer immediately posted notices
disavowing such action as unauthorized. The Regional Director
found that, under all the circumstances, there had not been such a
substantial deviation from the standards of impartiality customarily
required of an employer to warrant setting the election aside. Fur-
thermore, the contents of the letters were not coercive and contained
no promise of benefit. We shall, therefore, adopt the recommendations
of the Regional Director and overrule the objections.
CERTIFICATE OF RESULTS OF ELECTION
IT IS HEREBY CERTIFIED that Bio-Lab Union of Local 225, United
Office and Professional Workers of America, C. I. 0., is not the
exclusive bargaining representative of the employees in the appro-
priate unit heretofore determined by the Board in this proceeding,
within the meaning of Section 9 (a) of the National Labor Relations
Act.