Kearney & Trecker Corp.Download PDFNational Labor Relations Board - Board DecisionsOct 31, 195196 N.L.R.B. 1214 (N.L.R.B. 1951) Copy Citation 1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD KEAARNEY & TRECKER CORPORATION and LOCAL 1083, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLE- 31ENT WORKERS OF AMERICA, C. I. 0., PETITIONER. Case No. 13-RC- 1900. October 31, 1951 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Election issued herein on August 14, 1951,1 an election by secret ballot was conducted on Sep- tember 12, 1951, under the direction and supervision of the Regional Director for the Thirteenth Region. At the conclusion of the elec- tion, a tally of ballots was issued and served upon the parties, in accordance with the Rules and Regulations of the Board. The tally shows that a majority of the valid ballots were cast for the Petitioner, Local 1083. On September 17, 1951, the Employer filed objections to conduct affecting the results of the election. After an investigation, the Regional Director issued his report on objections, in which he recom- mended that the objections be overruled and that Local 1083 be cer- tified as the bargaining representative. Thereafter, the Employer filed exceptions to the Regional Director's report on the objections.2 As the basis for its objections, the Employer alleged, in substance, that on the day before the election Local 1083 distributed to the employees copies of a paper entitled "Local 1083 UAW-CIO Election News"; that in two articles in this paper, Local 1083 made certain unfounded statements as to the Board's findings in its Decision and Direction of Election, and reprinted an incomplete text of the deci- sion, in order to give the false impression that the Board had made findings unfavorable to the Employer and the E. I. U. (the Inter- venor) and favorable to Local 1083; that by so doing, Local 1083 intentionally and deliberately misused the Board's decision; and that such conduct goes beyond the bounds of permissible electioneering and legitimate campaign propaganda. A copy of the paper in ques- tion was appended to the objections. The material to which the Employer objects is as follows: (1) An article on the first page of the paper, headed "Local 1083, President's Message," beginning : 1 95 NLRB 1125. 2 The Employer also requested oral argument . As the objections , the Regional Director's report, and the exceptions to the report, in our opinion, adequately present the issues and the position of the Employer, the request is denied. Since filing its exceptions , the Employer has requested permission to file a memorandum or to argue orally concerning the possible bearing on this case of the Board 's recent decision in the Bonwit Teller case , 96 NLRB 608 . We have considered the Bonwit Teller case and find it inapplicable in this situation . Accordingly , the Employer 's request is hereby denied. 96 NLRB No. 185. KEARNEY & TRECKER CORPORATION 1215 I want to call your attention to the complete text of the NLRB decision which appears on page 2 of this Election Edition of 1083 News. Here are the words of a United States government agency that completely exposes all the lies and subterfuges released by those company-minded persons who oppose your having a Union free from company domination. If you will read that decision there should be no doubt in your mind as to who has been telling the truth. (Emphasis supplied.) (2) An article on the second page, headed "Gov't Documents Prove EIU, Company Collusion, Chicanery," containing the following par- agraph, followed by an abridged reprint of the Board's decision : Since the company sponsored opposition has tried to confuse Kearney Trecker workers by making false statements in its many leaflets, we herewith print the facts, which led up to tomorrow's NLRB election. This is a transcript of the NLRB decision which ordered the election. Although the text of the Board's decision, as quoted in the second of these articles, is incomplete,3 we do not believe that the omissions made it so misleading as to constitute an abuse of the Board's proc- ess.' Nor do we believe that the statements of Local 1083 with respect .to the Board's findings, regardless of their truth or falsity, go beyond the bounds of legitimate union campaigning.' We therefore find that the Employer's objections do not raise material or substantial issues with respect to the election. Accordingly, we hereby adopt the Re- gional Director's recommendation and overrule the Employer's objec- tions to the election. Because, as the tally shows, a majority of the ballots was cast for Local 1083, we shall certify it as the exclusive bargaining representa- tive of all employees in the appropriate unit. Certification of Representatives IT IS HEREBY CERTIFIED that Local 1083, International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- s Omitted from the decision, as reprinted , was the following paragraph : The E. I. U. further contends that it would be inequitable to hold an election while Local 1083 is still holding funds belonging to the E . I U As noted above, however, the question of the ownership of these funds is now pending before the courts. We are not convinced that an election should be delayed pending its determination. We do not agree with the Employer that the omission of this language gives rise to an impression that the condilct of Local 1083 in seizing funds and property belonging to the members of the E I. U. had inferentially been passed upon as proper by the Board. 4 Phelps Dodge Corporation, 62 NLRB 1287. 5 As we have previously said, "absent violence , coercion , or other gross misconduct, the Board does not undertake to censor or police union campaigns , or to consider the truth or falsity of official union utterances ." West-Gate Sun Harbor Company , 93 NLRB 830. 1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ica, CIO, has been designated and selected by a majority of the em- ployees of Kearney & Trecker Corporation, West Allis, Wisconsin, in the unit found to be appropriate, as their representative for the pur- poses of collective bargaining, and that, pursuant to Section 9 (a) of the Act, the said labor organization is the exclusive representative of all employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other con- ditions of employment. MEMBERS MURDOCK and STYLES took no part in the consideration of the above Supplemental Decision and Certification of Representa- tives. IIELLIGE, INC. and LOCAL 463, INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER . Case No. °O-RC- 3348. October 3.1, 1951 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Election, dated June i, 1951, an election by secret ballot was duly conducted on June 28, 1951, by the Regional Director for the Second Region. At the Intervenor's request 1 its name was removed from the ballot by the Regional Direc- tor. The choice in the election, therefore, was between the Petitioner and no union. The tally of ballots shows that out of approximately 115 eligible voters, 106 cast votes for the Petitioner and 5 cast votes for no union. On July 3, 1951, the Intervenor filed objections to the election. On September 10, 1951, the Regional Director in his report on objections recommended that the objections be overruled in view of the Inter- venor's lack of status to file objections. The Intervenor filed excep- tions to the Regional Director's report on objections. Section 102.61 of the Board's Rules and Regulations provides: . . . Within 5 days after the tally of ballots has been furnished, any party (emphasis added) may file with the regional director . . . objections to the conduct of the election or conduct affecting the results of the election, . . ." The Board has held that a union, to be a party within the meaning of the above-quoted section, must appear on the ballot .2 As the Intervenor, at its own request, did not appear on the ballot, we find that it had no standing to file objections I Local 1227, United Electrical Radio and Machine workers of America. 2 Celanese Corporation of America, 87 NLRB 552; Westinghouse Electric Corporation, 78 NLRB 315, 316. 96 NLRB No. 187. Copy with citationCopy as parenthetical citation