Electrical Utilities Co.

National Labor Relations Board - Board Decisions

Jul 18, 1944

57 N.L.R.B. 399 (N.L.R.B. 1944)

In"the Matter -of - ELECTRICAL UTILITIES CO IPANY ' and DIsmicr' 50,
UNITED MINE WORKERS OF. AMERICA
Case No. 13-R-2P37
DECISION -
AND
ORDER SETTING ASIDE ELECTION
July 18,1944
On March 13, 1944, the, National Labor Relations Board, herein
called the,-Board, issued its Decision-and Direction of Election, in this
proceeding., Pursuant to the Direction of Election, an election by
secret ballot was conducted on April 7, 1944, under the direction and
supervision of the Regional Director for the Thirteenth Region (Chi-
cago, Illinois). On -April 7, the Regional Director issued and, duly
served upon the parties a Tally of Ballots. As to the balloting and its
results, the Tally of Ballots showed as follows:
Approximate number of eligible voters-------------------- , 237
Valid votes counted_______________________________________ 222
Votes cast for Local 13 -321, International Brotherhood of Elec- -
trical Workers,-Aff'iated with the American Federation of
Labor- ------------------------------------------------- 23
Votes cast for Electrical Utilities Workers, Local Union No.
12765, District-50, United Mine Workers of America ------- 62
Votes cast, against participating unions------------- ---- 137
Challenged ballots----------------------------------------- •0
Void ballots----------------------------------------------- ' 0
On April 10, 1944, District 50 filed Objections to the Election, alleg-
ing, in substance, that Electrical Utilities Company, herein called the
Company, had engaged in certain, conduct preventing a free choice
of representatives. Thereafter, the Regional Director investigated
the Objections, and on April 27, 1944, issued and duly served on the
parties his Report on Objections in which he found that-the Objections
raised substantial and material issues with respect to the election and
155 N. L R B. 457.
2 An intervenor -in the proceeding.
2 The petitioner,-herein called District 50, received - permission to be placed on the ballot
as its name appears above.
57 N. L. R, B., No. 75.
399
400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
recommended t11 at the Board order a hearing on said Objections. On
May 3, 1944, the Company filed Exceptions to the Regional Director's
Report on Objections.
On May 10, 1944, the Board, having duly considered the matter, de-
terinined- that the Objections'` raised' substantial and material issues
with respect to the election, and issued an Order overruling the Com-
pany's-Exceptions, directing a hearing on the Objections, and referring
the case to the Regional Director for the purpose of conducting such
hearing. The hearing on Objections was held at La Salle, Illinois,
on June 9, 1944, before Howard Myers, Trial Examiner. The Board,
the Company, and District 50 appeared and participated, and all were
afforded full opportunity to be heard, to examine and cross-examine
witnesses , and to introduce evidence bearing on the issues. The Trial
Examiner 's rulings made at-the hearing are free from prejudicial error
and are hereby affirmed. '-The Company and, District 50 filed-briefs
with the Board which have been duly considered.
Upon the entire record in the case, the Board makes the following':
FINDINGS -OF FACT
On April 5, 1944, a notice of the forthcoming election was posted
in the torch soldering departmelit`of the Company's La Salle, Illinois,
1ilant. Between 10:15 and 10:30 of that morning, according to em-
ployee Arneita Dicken's testimony, Vice-President and Treasurer
Julius P. Rossberg and Foreman Freeman A. McLaughlin stopped
to read this notice. In answer to a question propounded by counsel
for the Board, Dicken testified as follows concerning what then
transpired:
I heard Mr. Rossberg say to Mr. McLaughlin that if' the em-
ployees knew what was good for them-they would vote for "No
union," as they could move the company back to Chicago-as quick
as they brought-it down to La Salle 4 ,
Dicken further testified that at -that time she was working near
the posted notice of election. Employee Betty Krueger, who was then
also in the immediate vicinity, corroborated in all details Dicken's
testimony concerning Rossberg's utterance. I -
Although Rossberg denied that he made this statement or that he
was with McLaughlin in the torch soldering department between 10:15
and 10:30 a. in. of April 5, he conceded that he could not particularly
-recall that day. When asked' on cross-examination if he had been
4 Employees "of the Company's La- Salle plant are affected by this proceeding Originally,
the Company was engaged in business solely at Chicago, Illinois On July 3, 1943, however;
the La Salle plant was opened and most of the Company 's operations are now performed
there.
ELECTRICAL , UTILITIES COMPANY 401
in the torch soldering department on the morning of April 5, he stated
that he did not remember. Moreover, he admitted that lie customarily
walks through the entire La Salle plant several times a day. We are
of the opinion that Dicken and Krueger are credible witnesses and we
find that Rossberg made the statement attributed to him by them.'
Dicken also testified that during the morning of April 5, McLaughlin,
after observing the steward's button she was wearing, stated to her,
"You will never gain anything by wearing that. - The union will never
get in here. Another thing, the union will promise you a lot and the
only thing they will give you is dirt." She testified further that, in
passing the drinking fountain during "the rest period that afternoon,
she overheard McLaughlin tell three or four other employees, "Don't
vote for the union, the company is against the union. The intention of
the company is that if the union gets in here they are going to move
back to Chicago."
Employee Florence Ricci testified that while speaking to McLaugh-
lin during election hours on April 7, he told her that he hoped she
would vote "the right way" by placing an "X" in the space designated
on the ballot for "No Union", and that when she answered she would
do so, McLaughlin "patted" her on the back and stated she was his
"pal" and "would be taken care of." s
McLaughlin denied making these statements. As to all other mat-
ters his recollection was vague. Thus, he could neither remember
when notices of the election were posted, nor could be recall seeing the
one placed in the torch soldering department. He was unable to recol-
lect whether or not Dicken wore a steward's button. Furthermore,
despite his testimony that he is usually about the drinking fountain
during the afternoon rest period, he could not recall whether he was
there on the afternoon of April 5. In view of these facts and on the
basis of the entire record, we do not credit McLaughlin's denials. We
find that Ricci is a credible witness, and we further find that
McLaughlin made the statements attributed to him by Dicken and
Ricci.
Gertrude Feldhaus, also an employee, testified that on the morning
of the election, Forelady Margaret Pelkey Morell remarked to her
that, "she had heard that [Feldhaus] was for the union and she
thought [Feldhaus] was foolish. That [Feldhaus] was not getting
anything from them, that [Feldhaus] would not gain anything from
' McLaughlin also denied that Rossbeig made the statement in question . As hereinafter
indicated. however, Re do not credit âIcLaughlin's denials
Ricci also testified that on April 10 , 3 da3 s after the election , McLaughlin approached
her and said, "Flo, I ani awfully sorry I spoke to you the way I did on election day. If I
knew you were serving on the committee for the union I would not have spoken to you that
way"
001248-45-vol. 57-27
402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it ...." " Feldhaus' testimony is undenied and we find that Morell
made this statementi.°
We find that the Company'sabove-described course of conduct dur-
ing and immediately preceding the election prevented an expression
by its employees of their free and uncoerced wishes as to representa-
tion. We shall, therefore, set the election aside. We shall direct a
new election at such time as the Regional Director advises us that
circumstances permitting a free choice among the Company's
employees have been restored.
ORDER
IT Is HEREBY ORDERED that the election held on April 7, 1944, among
the employees of the Electrical Utilities Company, La Salle, Illinois,
be, and it hereby is, set aside.
7 Morell failed to testify ; no showing was made that she was unavailable as a witness.