Detergents, Inc.

National Labor Relations Board - Board Decisions

Jan 29, 1954

107 N.L.R.B. 1022 (N.L.R.B. 1954)

1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL make Nicholas J. Forte, Mario Garafolo, and
Joseph Matkowski whole for any loss of pay suffered by
them as a result of our having prevented their employment
by Harbor Ship Maintenance Co. or Camden Boiler
Cleaning & Maintenance Co.
WE WILL notify Harbor Ship Maintenance Co. and
Camden Boiler Cleaning & Maintenance Co. that we have
no objection to Nicholas J. Forte, Mario Garafolo, and
Joseph Matkowski being employed by them in the course
of their ordinary business operations.
LOCAL 803, INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, IRON SHIP BUILDERS AND
HELPERS OF AMERICA, AFL
Dated ................ By ....................................................
(Representative ) (Title)
This notice must remain posted for sixty (60) days from
the date of posting and must not be altered, defaced, or
covered by any other material.
DETERGENTS , INC. UNITED GAS, COKE AND CHEMICAL
WORKERS OF AMERICA, CIO , Petitioner. Case No. 9-RC-
1934. January 29, 1954
DECISION, ORDER, AND DIRECTION OF ELECTION
Pursuant to a stipulation for certification upon consent
election signed on May 15, 1953, by Detergents, Inc., here
called the Employer, and by United Gas, Coke and Chemical
Workers, CIO, here called the Petitioner, which stipulation
was approved by the Regional Director for the Ninth Region,
an election by secret ballot was conducted on May 28, 1953,
among employees of the Employer in the unit described in the
aforementioned stipulation. Following the election, a tally of
ballots was furnished the parties. The tally shows that 116
ballots were case in the election; that 44 ballots were cast for,
and 59 ballots against, the Petitioner, and that 13 ballots were
challenged.
On May 29, 1953, the Petitioner filed timely objections to
conduct affecting the results of the election. The Regional
Director thereafter investigated the objections, and, on August
14, 1953, issued and duly served upon the parties a report on
objections. In his report, the Regional Director recommended
that the election be set aside and that the proceeding be re-
manded for the purpose of conducting a new election. Within
the proper time therefore, the Employer filed exceptions to the
Regional Director's report.
107 NLRB No. 225.
COASTAL DRYDOCK & REPAIR CORP 1023
Having duly considered the matter, the Board finds as follows:
The Regional Director predicated his recommendation that
the election be set aside on the ground that the Employer,
during the preelection campaign , used company time and
property for electioneering speeches to employees , although
it denied the Petitioner ' s requests to use the same forum for
a like use. For the reasons set forth in the Livingston Shirt t
and Peerless Plywood2 cases, such conduct by the Employer
does not constitute in and of itself a valid basis for setting aside
the election herein.
The Regional Director found, however, that on May 27, 1953,
during working hours at about 2 p. m. , the Employer's plant
manager assembled all the first - shift employees in the plant
cafeteria and delivered an election speech . He also found that,
on the same day, the plant manager also addressed the second-
shift employees in the plant cafeteria during working hours at
about 6 p. m. The Regional Director further found that the hours
of the election on May 28, 1953, were from 7 a. m. to 8:30 a. m.,
and from 5 p.m. to 6 p.m. No exceptions were filed by the Em-
ployer to these findings.
As it appears , therefore , that the Employer made electioneer-
ing speeches to employees on company time less than 24 hours
in advance of the election, we shall, pursuant to the rule set
forth in the Peerless Plywood case, set aside the election of
May 28, 1953, and direct that a new election be held.
[The Board set aside the election held on May 28, 1953.]
[Text of Direction of Election omitted from publication.]
1 T.ivingston Shirt Company, 107 NLRB 400.
2 Peerless Plywood Company, 107 NLRB 427.
COASTAL DRYDOCK & REPAIR CORP. and INDUSTRIAL
UNION OF MARINE & SHIPBUILDiNG WORKERS OF
AMERICA, CIO, Petitioner. Case No. 2 -RC-6112. January 29,
1954
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Milton Pravitz,
hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce withinthe meaning
of the Act.
107 NLRB No. 194.