Harvey Radio Laboratories, Inc.

National Labor Relations Board - Board Decisions

Sep 14, 1945

63 N.L.R.B. 892 (N.L.R.B. 1945)

In the Matter of HARVEY RADIO LABORATORIES, INC. and UNITED
ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 1-R-2291
SUPPLEMENTAL DECISION
AND
ORDER
September 14, 1945
On May 17,1945, pursuant to the Decision and Direction of Election
issued by the Board on April 27, 1945,1 an election by secret ballot
was conducted under the direction and supervision of the Regional
Director for the First Region ( Boston, Massachusetts ). Upon the
conclusion of the election , a Tally of Ballots was furnished the parties
in accordance with the Rules and Regulations of the Board.
The Tally shows that of the approximately 236 eligible voters, 95
voted for the Union and 106 against.
On May 21, 1945 , the Union filed objections to the conduct of the
election alleging that the Company had interfered with, restrained, and
coerced employees on the day of the election . On August 6, 1945, the
Regional Director , acting pursuant to the Rules and Regulations of
the Board , issued and duly served upon the parties his Report on
Objections , recommending that the Union's objections be overruled.
To this Report and the recommendations contained therein, the Union,
on August 23, 1945, filed exceptions.
We have considered the Union 's objections , the Regional Direc-
tor's Report on Objections and the Union 's exceptions thereto. It
appears that on the day of the election the Company distributed to
each of its employees a two-page pamphlet in which the election was
discussed , and that after such distribution an official of the Company
addressed the employees on the subject of the election . It further
appears that on the same day the Company isolated employee Alice
Atlas, a union adherent , from contact with other employees. The
Regional Director apparently credited the Company's explanation that
it took this action because Adams had been compaigning for the Union
on company time. The Union 's exceptions afford no basis for reversing
1 61 N. L. R. B. 775.
63 N. L. R. B., No. 138.
892
HARVEY RADIO LABORATORIES, INC. 893
the Regional Director's determination on this point. Nor are we per-
suaded that the Regional Director's conclusion that the bulletin and
speech were non-coercive is erroneous. We therefore find, in accord-
ance with the recommendations of the Regional Director, that the
objections of the Union do not raise substantial or material issues with
respect to the conduct of the election or the results thereof and the
objections are hereby overruled.
Since the results of the election show that no collective bargaining
representative has been selected by a majority of the employees of the
Company in the unit heretofore found to be appropriate for collective
bargaining, we shall dismiss the petition for investigation and certifi-
cation of *representatives.
ORDER
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT Is HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Harvey Radio Laboratories,
Inc., Cambridge, Massachusetts, filed by United Electrical, Radio, and
Machine Workers of America, C. I. 0., be, and it hereby is, dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Supplemental Decision and Order.