Johnston Lawnmower Corp.

National Labor Relations Board - Board Decisions

Feb 5, 1954

107 N.L.R.B. 1086 (N.L.R.B. 1954)

1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office and clerical employees , guards , and supervisors as defined in the Act , constitute a unit
appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of
the Act.
3. At all times since August 13, 1952, the Union was, and now is, the exclusive representa-
tive of all employees in the aforesaid unit for the purposes of collective bargaining within the
meaning of Section 9 (a) of the Act.
4. By refusing since September 3, 1952, to bargain collectively with the Union as the exclu-
sive representative of all its employees intheunit described in paragraph numbered 2, above,
the Respondents have engaged in and areengagingin unfair labor practices within the meaning
of Section 8 (a) (5) of the Act.
5. By discriminating in regard to the hire and tenure of employment of Norman Savary,
thereby discouraging membership in the Union, the Respondents have engaged in unfair labor
practices within the meaning of Section 8 (a) (3) of the Act.
6. By interfering with, restraining , and coercing their employees in the exercise of the
rights guaranteed by Section 7 of the Act , the Fespondents have engaged in unfair labor prac-
tices within the meaning of Section 8 (a) (1) of the Act.
7. The aforesaid unfair labor practices are unfair labor practices affecting commerce
within the meaning of Section 2 (6) and (7) of the Act.
8. The Respondents have not engaged in unfair labor practices as alleged in the complaint
by reason of their discharge of Willie Smith.
[Recommendations omitted from publication.]
JOHNSTON LAWNMOWER CORPORATION and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS,* AFL, Petitioner.
Case No. 15-RC-908. February 5, 1954
DECISION, ORDER, AND DIRECTION OF ELECTION
On May 8, 1953, pursuant to a stipulation for certification
upon consent election, an election by secret ballot was held
under the direction and supervision of the Regional Director
for the Fifteenth Region among employees in the stipulated
unit. The tally of ballots furnished the parties after the elec-
tion shows that, of approximately 110 eligible voters, 108 em-
ployees cast ballots, of which 51 were for, and 56 were against,
the Petitioner, and 1 was challenged. On May 13, 1953, the
Petitioner filed timely objections to conduct affecting the re-
sults of the election.
In accordance with the Board's Rules and Regulations, the
Regional Director conducted an investigation of the matter
raised by the Petitioner's objections and, on August 14, 1953,
issued and duly served uponthe parties his report on objections,
in which he found merit in some of the objections and recom-
mended that the Board set the election aside and direct a new
election . Thereafter, on August 21, 1953, the Employer filed
exceptions to report on objections.
Briefly, the facts indicate that the Employer has had in effect
a rule forbidding any solicitation or distribution of handbills,
etc., on company property for any reason whatsoever, without
the express approval of the assistant manager. From April 10,
1953, through -May 7, 1953, the Employer issued some 12 letters
or memoranda concerning the election or matters relating to
union representation. At least 2 of these memoranda, one dated
107 NLRB No. 217.
ACCURATE MOLDING CORPORATION 1087
April 10 and another dated May 7, 1953, were handed to em-
ployees on company property. In addition, the Employer, through
its vice president, made several speeches to employees on
company time and property, including speeches made over the
public-address system on May 7, 1953, concerning union mat-
ters or the election. On April 17, 1953, the Employer received
the Petitioner's request that it be permitted to distribute hand-
bills in the plant, under the same circumstances as the Em-
ployer, and to address the employees on company time and
property. These requests were denied.
The Regional Director found that the no-solicitation rule
was illegal. As the rule applied to the employees' own time, we
agree.' Here we are confronted not merely with the existence
of such a rule but•with the Employer's discriminatory enforce-
ment of the rule which we find was reasonably calculated to, or
tended to, interfere with the election 2
Accordingly, we find that the Employer's conduct interfered
with the employees' freedom of choice in the selection of a
bargaining representative, and we shall, therefore, order that
the election be set aside.3 When the Regional Director deter-
mines that the circumstances permit the free choice of a bar-
gaining representative, we direct that a new election be held
among the employees concerned.
[The Board set aside the election held on May 8, 1953.]
[Text of Direction of Election omitted from publication.]
Member Rodgers took no part in the consideration of the
above Decision, Order, and Direction of Election.
'See Livingston Shirt Corporation, et al., 107 NLRB 400.
2 See Bonwit Teller, Inc. v. N. L. R. B., 197 F. 2d 240 (C. A. 2), cert. denied 345 U. S.
905; N. L. R. B. v. American Tube Bending Co., 205 F. 2d 45 (C. A. 2). Such conduct is
clearly apart from the Board' s limitations in the recently promulgated 24-hour rule, which
is applicable only to conduct which is otherwise within the privileges guaranteed by Section
8 (c). See Peerless Plywood Company, 107 NLRB 427; cf. Blue Bell, Inc., 107 NLRB 514.
3 In view of our disposition herein, we need not, and do not, pass upon the other grounds
which the Regional Director found warranted the setting aside ^)f the election.
ACCURATE MOLDING CORPORATION and MAX SHERMAN,
Petitioner and LOCAL 318, INTERNATIONAL BROTHER-
HOOD OF PULP, SULPHITE AND PAPER MILL WORKERS,
AFL. Case No. Z-UD-16. February 5, 1954
DECISION AND CERTIFICATION OF RESULTS OF
ELECTION
On May 1, 1953, a petition was filed by Max Sherman pursu-
ant to Section 9 (e) (1) of the National Labor Relations Act, to
withdraw the union-shop authority of the Union. Thereafter, on
107 NLRB No. 229.