Dixie Drive-It-Yourself System Nashville Co., Inc.

National Labor Relations Board - Board Decisions

Jun 23, 1958

120 N.L.R.B. 1608 (N.L.R.B. 1958)

1608 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD
Dixie Drive -It-Yourself System Nashville ' Company, Inc. and
Teamsters , Chauffeurs, Helpers and Taxicab Drivers Local
Union 327, -International Brotherhood of,, Teamsters , Chauf-
feurs, Warehousemen and Helpers of America , Petitioner. Case
No. 10-RC-4010. June 23,1958
SUPPLEMENTAL DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
Pursuant to a Decision and Direction of Election issued by the
National Labor Relations Board on January 23,1958,' an election by
secret ballot was conducted on February 12 and 13, 1958, under the
direction and supervision of the Regional Director for the ' Tenth
Region among the employees in the appropriate unit. At the close of
the election the parties were furnished a tally of ballots which showed
that there were approximately 38 eligible employees and 35 ballots
were cast, of which 13 were cast for the Petitioner, 18 were against
any labor organization, and 4 were challenged. The challenged ballots
were insufficient in number to affect the results of the election.
On February 14, 1958, the Petitioner filed timely objections to the
conduct of the election. After investigation, the Regional Director on
April 17, 1958, served upon the parties his report on objections to the
election in which he recommended that the first objection be sustained,
the election be set aside, and the other objection be overruled. The
Employer filed timely exceptions to the Regional Director's recom-
mendation that the election be set aside on the basis of the first
objection.
Pursuant to the provisions of Section (3) (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Rodgers, Bean, and Fanning].
The Board has considered the Regional Director's report, and the
exceptions, and upon the entire record in the case finds : 2
In its first objection, the Petitioner alleges that the Employer held
a massed meeting of its employees on company time and property
within the 24-hour period preceding the election, thereby interfering
with the freedom of choice of the voters. Although the Board directed
an election in an overall unit composed of employees at the Employer's
Nashville and Fayetteville, Tennessee, establishments, because of the
geographical separation of 80 miles between the 2 operations, the elec-
tion was conducted at Fayetteville on February 12, 1958, from 1 to
1: 45 p. in., and at Nashville on February 13, 1958, from 7 to 8 a. in.
The Regional Director found that at 3 p. m. on February 11, less than
I Not published.
2As no exceptions were filed to the Regional Director's recommendation that the Peti-
tioner 's objection No. 2 be overruled, we shall adopt his recommendation.
120 NLRB No. 203.
CARTER MANUFACTURING COMPANY 1609
24 hours before the Fayetteville polling began but 36 hours before the
Nashville employees were scheduled to vote, the Employer on company
property and during working hours, held 2 consecutive meetings of its
assembled Nashville employees, and made speeches to them, noncoer-
cive in content. No Fayetteville employees were present at these meet-
ings. The Regional Director recommended that the election be set
aside because the Employer had violated the rule enunciated in Peer-
less Plywood,' which proscribes campaign speeches on company time
or property within 24 hours before the conduct of an election. In its
exceptions, the Employer contends that no campaign speech was made
"within 24 hours before the scheduled time for conducting an election"
among the Nashville employees.
We find merit in the Employer's exception. In a recent case, involv-
ing a somewhat analogous situation,' the Board held that the Peerless
Plywood rule required "only that no 'speeches be given on company
time or property within the 24-how,' period preceding each of the poll-
ing dates." [Emphasis supplied.] We perceive no reason why that
holding, should not apply here where the election period extended
over 2 consecutive days at 2 widely separated polling areas. Accord-
ingly, we find no merit in the objections. As the Petitioner failed to
secure a majority of the valid ballots cast, we shall certify only the
results of the election.
[The Board certified that a majority of the valid ballots was not
cast for the Teamsters, Chauffeurs, Helpers and Taxicab Drivers Local
Union 327, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, and that said Union is not
the exclusive representative of the employees in the unit heretofore
found appropriate.]
8 Peerless Plywood Company, 107 NLRB 427.
4 Pyramid Eleotrio Company, 120 NLRB 1051.
Haskell C. Carter , Sarah E . Carter, Harry A. Carter, Roy C.
Carter and Russell E. Carter , d/b/a Carter Manufacturing
Company, Petitioner and District Lodge No. 24 , International
Association of Machinists, AFL-CIO. Case ^ No. 36-RM-170:
Jwne 24,1958 '
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before E. G. Strumpf,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
120 NLRB No. 204.