Farnsworth Television & Radio Corp.

National Labor Relations Board - Board Decisions

Aug 3, 1940

26 N.L.R.B. 85 (N.L.R.B. 1940)

I the Matter Of FARNSWORTH TELEVISION & RADIO CORPORATION
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL # B 1160, AFFILIATED WITH THE A. F. OF L.
Case No. R-1 736
SUPPLEMENTAL DECISION
AND
ORDER
August 3, 1940
On March 11, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret' ballot was conducted on March 29, 1940, at
Marion, Indiana, under the direction and supervision of the Regional
Director for the Eleventh Region (Indianapolis, Indiana). On April
1, 1940, 'the Regional Director, acting pursuant to Article 111, Section
9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served upon the parties to this
proceeding his Election Report.
As to the results of the,secret ballot, the Regional Director reported
as follows:
Total number of employees alleged eligible to vote- _° 292
Total number of votes cast------ ------------ ------------ 249
Total number of valid votes cast -------------------------- 230
Total number of votes for International Brotherhood of
Electrical Workers, Local #B1160, affiliated with the
A. F. of L-------------------------------------------- 104
Total number of votes against International Brotherhood of
Electrical Workers, Local #B1160, affiliated, with the
A. F. of L-------------------------------------------- 126
Total number of blank ballots---- --------------- --------- 2
Total number of void ballots------ ------------- ----------- 1
Total number of challenged ballots= - ------------ ---------- 16
On April 4, 1940, the Union filed its Objections 2 to the conduct of
the ballot and to the Election Report, wherein it protested the conduct
1 21 N L. R. B. 505.
2 A document entitled "Official Protest" was sent to the Board in Washington Although the form and
manner of filing were not in accord with Article III, Section 8, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, we shall consider such document and the contents therecf as
Objections to the conduct of the ballot and to the Election Report. _
26 N. L. R. B., No. 9.
85
323429-42-vol. 26--7
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the election, and the results thereof as reported by the Regional
Director, on the ground that the Company unlawfully interfered with
the right of those entitled to vote in the election freely to choose a
collective bargaining representative. The Union alleged in its
Objections that after the hearing herein and prior to the election a
so-called "Social Club" was formed by certain employees of the
Company for the purpose of defeating the Union, and that Company
foremen participated in this organization; that hour before the
time for holding the election the-Company assembled 40 employees in
its offices, instructed them regarding the election, and then by foremen
transported these employees to the election polling place. The
Union submitted to the Regional Director certain affidavits in support
of its Objections, which affidavits are hereby made part of the record
herein.
On April 15, 1940, the Regional Director issued a Report on Objec-
tions, and on May 18, 1940,_ a,Supplemental Report on Objections,
copies of which were duly served upon all parties, wherein he reported,
in substance, that the allegations of employer interference contained
in the Objections were investigated by agents of the Board and were
found supported by no showing, requiring further action by the Board.
We have examined the affidavits submitted by the Union in support
of the Objections and are of the opinion that they are insufficient to
warrant a reasonable belief as to the possibility of the occurrence of
the facts alleged in the Objections. As above-mentioned, the. Re-
gional Director's investigation has disclosed nothing which would
warrant such a belief.' The possibility of a denial of freedom to
choose a collective bargaining agency in an election had, should appear
reasonably certain,.before a hearing upon objections to an election be
directed.
Accordingly, we hereby overrule the Objections to the conduct of
the election and to the Election Report, and affirm the rulings, find-
ings, and recommendations of the Regional Director in his Election
Report, Report on Objections, and Supplemental Report on Objections.
The results of the Election show that no collective bargaining rep-
resentative has been selected by a majority of the employees in the unit
heretofore found herein to be appropriate. The petition for investi-
gation and certification of representatives of employees of Farnsworth
Television & Radio Corporation, Marion, Indiana, will, therefore, be
dismissed.
ORDEIZ
By virtue of Section 9 ((,) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
3 On May 27, 1940, the Union, by letter to the Regional Director, iN Inch letter or a copy thereof is hereby
made part of the i ecoid herein, stated that it was "unahlo to get any ,ndd Itnonal informal ion on the company
interference "
FARNSWORTH TELEiVIS1!ON & RADIO CORPORATION 87
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
ORDERED that the petition for investigation and certification of
representatives of the employees of Farnsworth Television & Radio
Corporation, Marion, Indiana, filed herein by International Brother-
hood of Electrical Workers, Local #B1160, affiliated with the Amer-
ican Federation of-Labor, be, and it hereby is, dismissed.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Supplemental Decision and Order.