Gate City Table Co., Inc.

National Labor Relations Board - Board Decisions

Dec 16, 1949

87 N.L.R.B. 1120 (N.L.R.B. 1949)

In the Matter of GATE CITY TABLE Co., INC., EMPLOYER and UNITED
PAPER WORKERS OF AMERICA, CIO, PETITIONER
Case No. 10-RC-696
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December 16,1949
Pursuant to the Decision and Direction of Election,' issued on
October 4, 1949, in the above proceeding, all election_by secret ballot
was conducted on October 18, 1949, under the direction and super-
vision of the Regional Director for the Tenth Region. At the con-
clusion of the election, the parties were furnished with a Tally of
Ballots, which shows that, of 97 eligible voters, 90 cast ballots, of which
49 were cast for the Petitioner; 40 were cast for no union; 1 ballot was
challenged.
On October 25, 1949, the Employer filed Objections to Conduct
Affecting the Results of the Election, alleging that a circular dis-
tributed by the Petitioner the night before the election contained al-
legedly false statements, which intimidated and coerced the employees
and prevented the exercise of their free choice in the election. There-
after, the Regional Director investigated the objections and, on No-
vember 16, 1949, issued a Report on Objections to the Election, in
which he found that the said objections did not raise substantial
and material issues with respect to the election, and recommended that
they be overruled. The Regional Director further recommended that
the National Labor Relations Board certify that a majority of the
valid ballots have been cast for the Petitioner, and that such labor
organization is the exclusive bargaining representative of all em-
ployees in the unit heretofore found appropriate.
The Employer then filed exceptions to the Report on Objections,
excepting to the somewhat cursory treatment of its objections by the
Regional Director and spelling out more fully the nature of its pro-
tests. The Employer also urged an objection not raised in the written
I Unpublished.
87 NLRB No. 146.
1120
GATE CITY TABLE ' CO., INC. 1121
objections . The Employer contends.that a Field Examiner of the
Board agreed to accept an oral objection raised by the Employer
at the time of the investigation of objections. This pertained to the
sample ballot printed on the circular. The Employer states that the
circular carried the heading "United States of America, National
Labor Relations Board, Official Secret Ballot," and in the box set
aside for voting in favor of the Petitioner was a heavy cross marked,
whereas the word "sample" across the face of the ballot was written
in a light, thin nmanner, which could easily leave the implication with
the employees that the Board was urging them to vote in favor of
the Petitioner.
Upon the entire record in this case, the Board finds : 2
Between 4:30 and 5: 30 p. m., on the day before the election,
representatives of the Petitioner distributed a circular to the em-
ployees of the Employer as they left the plant. The circular, a one
page document, urged the employees to vote for the Petitioner, and
pointed out that the employers, lawyers, doctors, merchants, grocers,
butchers, and wholesalers were members of councils or associations.
The circular further urged the employees to remember the discharge
of an employee when lie was sick in bed, the promises given and then
forgotten after the threat of unionism passed, and the bonus plan
promised in 1945, but only recently placed in operation. The circular
concluded with a sample ballot with an X marked in the box marked
"Yes" for the Petitioner.
We believe that the circular distributed by the Petitioner was in
the nature of mere campaign propaganda and hence did not intimidate
or coerce the eligible employees in exercising their free choice in the,
election. We further believe that the sample ballot appearing as part,
of the circular was clearly marked "Sample" across its face and was.
not prejudicial to the Employer. Accordingly, we find that the ob-
jections raise no substantial and material. issues with respect to the
conduct of the election. The objections are therefore overruled. We
find no merit in the contentions of the Employer raised by the
exceptions.
As it appears from the Tally of Ballots that the Petitioner has.
secured a majority of the valid votes cast, we shall certify it as the,
collective bargaining representative of the employees in the unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that the United Paperworkers of America,,
CIO, has been designated and selected by a majority of the employees,
2 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 [ Chairman Herzog and;
Members Houston and Gray.
877339-50-vol. 87-72
1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the unit found appropriate in the Decision and Direction of Elec-
tion herein, as their representative for the purposes of collective bar-
gaining and that, pursuant to Section 9 (a) of the Act, as amended,
the said organization is the exclusive representative of all the em-
ployees in such unit for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.