Kelsey-Hayes Co.

National Labor Relations Board - Board Decisions

Feb 12, 1964

145 N.L.R.B. 1717 (N.L.R.B. 1964)

UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1717
area. Upon finding that they were no better , he returned to New York after actively
seeking work during his entire period in Chicago.
At another time Vargas lost a job because his driver's license was revoked, but
he almost immediately found work in another position.
It is evident that each time Vargas lost employment he immediately set out to
seek better employment and each time he quit he did so in order to improve him-
self and thereby reduce the amount of backpay. While it may be true that Vargas
was not the ideal employee and while it may also be true that he had a great
number of jobs and seemed unable successfully to hold on to many of them, I
find that Vargas always made bona fide attempts to keep himself employed.
I also find that , although Vargas was jailed, he is nevertheless entitled generally
to receive backpay. I shall, however, recommend that the amount of backpay
which he would have received during the period he was in jail be deducted from
the net backpay computation . I therefore recommend that the sum of $70 be
deducted from the net backpay claimed in the specification . This figure is arrived
at by assuming that Vargas would have made at least $35 each week at R. Montano
during the approximate 2-week period he was in jail . Accordingly, I recommend
that the Board award Vargas the sum of $4,222.46 less the $70 which he would have
earned had he not been jailed resulting in a net award of $4,152.46.
II. SUMMARY OF RECOMMENDATIONS
On the basis of all of the foregoing , I recommend that the Board award to the
claimants the amounts set alongside each of their names as follows:
Jose Avalo------------------------------------------ $3,293.72
Katherine Crawford Rall------------------------------ 2,224.90
Thelma Delbagno Fisher------------------------------ 3,594.43
Luis J. Diaz----------------------------------------- 3,874.50
Isiah Smith------------------------------------------ 1, 196.33
Salvatore Tripolone ---------------------------------- 523.00
Michael Valentine------------------------------------ 12, 480. 86
Henry Vargas- -------------------------------------- 4,152.46
I further recommend that so much of the specification as refers to Peter Golpe
be dismissed.
Utica-Herbrand Tool Division of Kelsey-Hayes Company and
International Association of Machinists , AFL-CIO, Petitioner.
Case No. 11-RC-1780. February 12, 1964
DECISION, ORDER, AND DIRECTION OF SECOND
ELECTION
Pursuant to a Decision and Direction of Election issued by the
Regional Director for the Eleventh Region on April 18, 1963, an elec-
tion by secret ballot was conducted on May 13, 1963, under his direction
and supervision, among the employees in the appropriate unit. Upon
the conclusion of the balloting, the parties were furnished with a tally
of ballots which showed that, of approximately 460 eligible voters,
418 cast ballots, of which 171 were for, and 245 against, the Petitioner
and 2 were challenged. The challenges were insufficient in number to
affect the results. The Petitioner filed timely objections to conduct
affecting the results of the election.
In accordance with the Board's Rules and Regulations, the Regional
Director conducted an investigation, and thereafter issued and served
145 NLRB No. 165.
1718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon the parties his attached Report on Objections.' In which he
recommended that objections Nos. 1, 2, and 3 be overruled, objections
Nos. 4, 5, and 6 be sustained, and that the election be set aside and a
new election directed. The Employer filed timely exceptions to the
Regional Director's report. On August 14, 1963, the Regional Direc-
tor issued a supplemental report as to allegations in the exceptions that
the investigation of the objections was improper and incomplete, and
he concluded that such exceptions raised no issues. No exceptions were
filed to the supplemental report.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman McCulloch and Mem-
bers Fanning and Brown].
The Board has considered the Petitioner's objections, the Regional
Director's reports, and the Employer's exceptions,2 and hereby adopts
the Regional Director's findings and recommendations, except as here-
inafter modified'
Objection No. 6 relates to statements made to employees by the Em-
ployer prior to the election. In a letter mailed 10 days before the elec-
tion, the Employer stated, among other things, that "the only way
that this union can get any concessions from this company is by a
strike." 4 Employees were warned in the letter that the Employer
could permanently replace strikers, who would then lose their jobs
as well as the benefits the Union had promised. A strike, they were
told, "can bring hatred, bitterness, and violence to you and your
families." About a third of the letter was devoted to the subject of
"this union's strike record." Another letter, mailed 4 days before the
election, devoted half its length to emphasizing the frequency of strikes
and the financial loss suffered by strikers, and told employees that a
strike "obviously would be a catastrophe" for them.'
We find that the Employer by these statements indicated to his em-
ployees that choosing the Petitioner in the election would inevitably
lead to a strike and loss of jobs.6 We therefore sustain objection
No. 6?
'Appendix U of the report, the "Dear Mom" letter, is not reproduced here because of
its length . Appendix Q contains the text of a radio broadcast by John David Bates. It
appears that the Regional Director' s reference to him as John David Brown is inadvertent.
2 Insofar as the exceptions question the propriety and sufficiency of the investigation,
they are rejected as without merit. We note that the Regional Director' s supplemental
report, which sets forth facts relating to such issues , was not excepted to by the Employer.
The request for a hearing , which is linked to these exceptions, is likewise denied.
3 As no exceptions were filed to the Regional Director's recommendations that objections
Nos. 1, 2, and 3 be overruled , these recommendations are adopted pro forma.
4 Appendix B.
5 Appendix N.
s Texas Industries , Inc., et al ; 139 NLRB 365, 368; Wadesboro Full-Fashioned Hosiery
Mills, Inc., 72 NLRB 1064, 1071-1072; Dal-Tex Optical Company, Inc., 137 NLRB 1782,
1786-1787.
We have considered the above-quoted statements in the context of the entire communica-
tion in which they appear. It would stretch the imagination to read them as merely telling
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1719
Moreover, other statements of the Employer in its letters and
speeches, as indicated by the Regional Director, together with actions
of community officials, influential citizens, and others (involved in ob-
jections Nos. 4 and 5), through letters, home visits, leaflet distribution,
radio newscasts and spot announcements, and newspaper editorials and
advertisements, iterated and reiterated the themes that selection of the
Petitioner would cause Orangeburg to become a distressed area, would
cause the Employer to move, and would deprive employees of job op-
portunities because other companies would not locate in the area s
We believe that these statements by the Employer and others created
an atmosphere of fear of reprisal and loss of job opportunity if the
employees selected the Petitioner as their bargaining agent and pre-
vented the exercise of free choice in the election.
The Board has held that an employer is entitled to express its posi-
tion and counterarguments to employees on the representation question
before them. However, the statements here under scrutiny, in our
opinion, go far beyond permissible limits. They convey the message
that collective bargaining would lead to loss of job opportunity for
the Orangeburg community. This message is conveyed not only
through the Employer's strongly worded statement that strike action
would be necessary to obtain any concessions in bargaining, but
through his statements that economic development would be stifled if
collective bargaining made inroads in the community. The massive
campaign conducted by third parties in the community re-echoed and
embellished this message. We note further the coercive elements pres-
ent in the home visits of local police officers and the mayor of the city,
the employees that "unreasonable" union demands could cause a strike Texas Boot
Manufacturing Company , Inc., 143 NLRB 264. On the contrary , in their entire context,
the statements remain what they are on their face-a threat of economic loss should the
Petitioner win the election.
7 Although the Board has always been reluctant to police or censor propaganda used to
persuade employees to vote for , or against , a union ( see General Shoe Corporation , 77 NLRB
124, 127 ), it has found objectionable statements designed to implant fear that a loss of
jobs would inevitably follow a union victory ( e.g., R. D . Cole Manufacturing Company,
133 NLRB 1455 ), or that the employees could be affected only adversely by selecting the
union ( e.g., Oak Manufacturing Company, 141 NLRB 1323).
8 We note particularly that the employees were told by the Employer ( see Appendixes
A and B of the attached report) that the community had "a great future ahead of it in-
dustrially , provided it is not subjected to the destructive influences which have run indus-
try after industry out of the East, West, and North part of our country to the South.
No company in its right mind is going to leave a section of the country where it has been
subjected to the ridiculous and destructive influences brought about by these unions and
move into another area to face the same thing." Unions, they were told, created the "dis-
tressed areas of America " by causing industries to move out "in wholesale quantities,"
and "having ruined one section of the country, they now want to ruin this section."
Where these statements immediately follow a reminder that the Employer has only re-
cently moved into the community , "opened it plant and employed all of you people," it
requires no subtle reading between the lines to see the warning that the employees' future
security will be jeopardized if they vote for the Petitioner. Clearly stated is the warning
that a union victory will turn the community into a distressed area to the severe economic
disadvantage of the employees . There is also the implication that a union victory could
cause this newly arrived Employer to move again , away from the "destructive influences
brought about by these unions."
1720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and in the distribution of antiunion propaganda at all banks in the
community. Such pressures, although not emanating from the Em-
ployer, exerted a coercive effect upon the employees' free choice and,
in conjunction with other conduct discussed above, form a basis for
setting aside the election.'
Accordingly, we shall set aside the election and direct that a second
election be held.
[The Board set aside the election held May 13,1963, among the em-
ployees of Utica-Herbrand Tool Division of Kelsey-Hayes Company.]
[Text of Direction of Second Election omitted from publication.]
See P. D. Gwaltney, Jr., and Company, Inc, 71 NLRB 371, 379-380; The Falmouth
Company, 114 NLRB 896; James Lees and Sons Company, 130 NLRB 290.
REPORT ON OBJECTIONS
Pursuant to a Decision and Direction of Election 1 issued by Re-
gional Director Reed Johnston of the Eleventh Region on April 18,2
a secret ballot election was held under the supervision and direction of
the Regional Director on May 13, with the following results :
Approximate number of eligible voters-------------------- 460
Void ballots-------------------------------------------- 0
Votes cast for Petitioner--------------------------------- 171
Votes cast against participating labor organization--------- 245
Valid votes counted------------------------------------- 416
Challenged ballots-------------------------------------- 2
Valid votes counted plus challenged ballots---------------- 418
The challenged ballots were not sufficient in number to be
determinative.
Copies of the tally of ballots were duly served on the authorized
representatives of the Employer and the Petitioner.
Timely objections to conduct affecting the results of the election
were filed by the Petitioner on May 20. A copy of the objections was
duly served on the Employer.
The objections allege as follows :
1. Refusing to allow union representatives access to the plant at the
time designated by the NLRB to examine the list of eligible voters.
2. Delaying the start of the election by posting large bulletins near
the voting area making it necessary to remove them before the elec-
tion could be started.
1 The unit found to be appropriate is "All production and maintenance employees, in-
cluding plant clerical employees, employed at the Employer's Orangeburg, South Carolina,
plant, but excluding office clerical employees, professional employees, foremen, leaders,
guards, and supervisors as defined in the Act."
2 All dates are 1963.
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1721
3. Allowing supervisors to make election speeches to massed assem-
blies within the plant during the 24-hour period immediately preced-
ing the election.
4. Allowing and encouraging influential people in the community to
conduct a reign of terror immediately preceding the election. Specif-
ically, the "Interested Citizens of Orangeburg" threatened, coerced,
and intimidated the employees through newspaper ads, housecalls,
handbills, and radio programs.
5. Allowing and encouraging the editor of the local newspaper to
make statements and write editorials that prevented a free vote by
creating confusion and fear of reprisals among employees.
6. Making statements immediately prior to the election that were
designed to intimidate the employees by indicating that the Company
would not grant increased benefits short of a strike by the Union.
For these reasons, and for other reasons, the Union requests the
Regional Director to set aside the election held on May 13 and to con-
duct a new election under conditions that will allow the employees a
free choice.
Pursuant to the provisions of Section 102.69 of the Board's Rules
and Regulations, Series 8, as amended, an investigation of the issues
raised by the objections has been conducted under the direction and
supervision of the Regional Director, who, having afforded the parties
full opportunity to submit and present evidence bearing on the issues,
and having carefully considered the results of the investigation, makes
the following recommendations : 3
1. The investigation disclosed that the preelection arrangements
made by the Board agent included the inspection of the eligibility list
by representatives of the Petitioner at 9 a.m. on May 11. However,
due to a misunderstanding by the Employer's attorney as to the time
the list was to be made available the Petitioner's representatives were
denied admission to the plant at the scheduled hour. Other arrange-
ments were made very soon thereafter and the Petitioner's representa-
tives were able to check the list before the election.
While the misunderstanding was unfortunate the Petitioner did
have an adequate opportunity to check the eligibility list before the
election. Accordingly, the Regional Director finds that this objection
raises no substantial and material issues and recommends that it be
overruled.
2. The Board agent reports that the polls opened at 6:55 a.m." be-
cause of a number of factors : It was necessary to assemble and in-
struct the observers; the Board agent answered questions posed by the
S Only incidents which occurred between March 13, the date of filing of the petition, and
May 13, the date of the election, are reported herein. The Ideal E lectric and Manufactur-
ing Company , 134 NLRB 1275.
4 The scheduled voting hours were 6:45 to 10 .30 a.m. and 5 .30 to 7 p m.
1722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representatives of the parties concerning the mechanics of the election ;
at the Board agent's request the Employer removed several signs which
were posted near the voting area. No evidence was presented, nor was
any adduced during the investigation, which would indicate that any-
one was deprived of the right to vote because of the short delay in open-
ing the polls.
The Regional Director finds that this objection raises no substantial
or material issues and recommends that it be overruled.
3. No evidence was presented to substantiate this objection. Ac-
cordingly, the Regional Director finds that objection No. 3 raises no
material or substantial issues and recommends that it be overruled.
4, 5, and 6. The Petitioner contends that because of the massive and
coercive antiunion campaign, including speeches, editorials, radio
broadcasts, newspaper advertisements, leaflet distribution, and visits
to the homes of the employees, the laboratory atmosphere which the
Board seeks for its elections was destroyed.
Orangeburg, South Carolina, where the plant is located, is the
county seat of Orangeburg County. The city has a population of
13,852, the county 68,559. The city of Orangeburg has one news-
paper, The Times and Democrat,' with a daily circulation of 8,299 and
9,236 on Sunday. The city has three radio stations-11,7TND, WDIX,
and WORG.6
As noted previously, the petition was filed on March 13. A hearing
was held on April 5 and a Decision and Direction of Election issued
on April 18. By April 23, the election arrangements were completed
and a letter confirming the details was sent to the parties. At various
times on April 24 and 25, Plant Manager Derry delivered a speech'
to assembled groups of employees.
One employee witness states that during the afternoon of April 30
Dr. Henry F. Frierson, a doctor who the witness and his family used
from time to time, stopped by his house. Dr. Frierson asked the wit-
ness to come out to his car where they could talk in private. The
witness complied. Dr. Frierson stated that he knew that the witness
was interested in forming a union at the Employer's plant, that in-
terested citizens did not want a union in Orangeburg, and that he was
visiting employees to get them to vote against the Union. The doctor
talked about unions about an hour. Before leaving, Dr. Frierson tried
to extract a promise from the witness that he would vote against the
Union.
Another employee witness states that on April 21 two Orangeburg
policemen stopped by his house and asked him to get in their car.
5 Hereinafter referred to as the Times.
6 Statistics from Editors Publisher Market Guide, 1963.
7 The text of the speech is attached and marked "Appendix A."
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1723
They talked about working conditions at the plant. They then dis-
cussed the merits of unionization and the possibility of the plant mov-
ing out of the area.
Copies of the notice of election were mailed to the parties on May 1.
On May 3, the Employer mailed a letter 8 to the homes of its employees.
An advertisement,' occupying one-quarter of a page and inserted by the
"Interested Citizens of Orangeburg County," 10 appeared in the May 7
edition of the Times. This advertisement, in the form of a handbill,
was widely distributed throughout the city of Orangeburg during the
3 or 4 days immediately preceding the day of the election. An In-
terested Citizens' advertisement appeared each day after that up to
and including May 12.11 Also on May 8, a letter, 12 on the letterhead of
and signed by C. Walker Limehouse, an attorney and a former member
of the South Carolina Legislature, was sent to a number of plant
employees.
Beginning on May 9 and continuing up to and including May 13 a
series of spot announcements, 13 sponsored and paid for by the Inter-
ested Citizens, were broadcast over the three local radio stations.
These announcements over WORG were as follows : On May 9 there
were 9 announcements, beginning at 6:21 a.m. and ending at 5:11
p.m.; on May 10 there were 10 announcements, beginning at 6:17 a.m.
and ending at 5 :40 p.m.; on May 11 there were 10 announcements, be-
ginning at 6:20 a.m. and ending at 5 :40 p.m.; on May 12 there were 11
announcements, beginning at 8:20 a.m. and ending at 6:50 p.m.; and
on May 13 there were 4 announcements, beginning at 6 :25 and ending
at 6 :50 a.m. On WDIX the announcements were as follows : On May
9 there were 9 announcements, beginning at 5 :59 a.m. and ending at
11:07 p.m.; on May 10 there were 10 announcements, beginning at
5 :59 a.m. and ending at 11:06 p.m.; on May 11 there were 10 announce-
ments, beginning at 5 :59 a.m. and ending at 11:04 p.m.; on May 12
there were 11 announcements, beginning at 7:11 a.m. and ending at
11:04 p.m.; and on May 13 there were 4 announcements, beginning at
6:04 a.m. and ending at 12:30 p.m.
8 Attached and marked "Appendix B "
9 The text of the advertisement is attached and marked "Appendix C."
11 Hereinafter referred to as the Interested Citizens . This committee was composed of
a number of prominent citizens in the community ; the presidents of the three Orangeburg
banks were cochairmen.
11 Each advertisement , except for the one on May 12 which was a half page, occupied
one-quarter of a page and appeared in the Times . The text of the May 8 advertisement
is attached and marked "Appendix D," the May 9 advertisement marked "Appendix E,"
the May 10 advertisement marked "Appendix F," the May 11 advertisement marked
"Appendix G," and the May 12 advertisement marked "Appendix H."
'-'Attached and marked "Appendix I."
13 The texts of the announcements over WORG and WDIX are attached and marked
"Appendix J" to "Appendix M," inclusive . The texts of the announcements made over
WTND and the times of these announments were not made available. It is assumed that
the same material was broadcast over this station.
1724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 9, the Employer sent a letter 14 to the homes of its employees.
On the same day Plant Manager Derry made a speech 15 to assembled
groups of employees. The editorial, attached and marked "Appendix
P," appeared in the May 10 edition of the Times.
A witness states that during the evening of May 10 Mr. Fair, the
mayor of Orangeburg, visited him at his home. Another employee
was at the witness' home at the time. Mayor Fair told the employees
that he hoped they would vote the right way, that other industries were
thinking of locating in Orangeburg but would not if the Union was
voted in, that other employees were being visited, and that the Union
would hurt the business people in town. Mayor Fair admits visiting
several of the employees.
During the evening of May 11 and on subsequent broadcasts on
May 12, WDIX carried the story of John David Brown, a farmer, as
a newscast. The Farmer Brown newscast is attached and marked
"Appendix Q." On May 12, the Times carried two quarter-page ad-
vertisements, one signed by the Orangeburg County delegation to the
South Carolina legislature'16 the second signed by Mayor Fair.17 Ap-
pendixes R and S appeared on the same page as Appendix H, thus
making a full-page advertisement. On the same day, the Times car-
ried an editorial on its first page which is attached and marked "Ap-
pendix T." The editorial stated that the Employer could discharge
employees who struck to support union demands. During the week
immediately prior to the election, the booklet, "Dear Mom . . ." was
available to anyone who wanted a copy at all the banks in Orangeburg.
An election serves its purpose only if it affords an opportunity for
the employees to register a free and untrammeled choice of a bargain-
ing representative. While it is true that much of the conduct de-
scribed above was not attributable to the Employer, nonetheless, if
the character of such other conduct coupled with the Employer's ac-
tions, is so aggravated as to create a general atmosphere of fear of
economic reprisals, a free expression of choice of a bargaining repre-
sentative is impossible.
In Plant Manager Derry's speech to employees on April 24 and 25
(Appendix A), he stated, inter alia:
Orangeburg is a fine town and has a great future ahead of it, pro-
vided it is not subjected to the destructive influences which have
ruined industry in the East, West, and North and caused them to
move into the South. No company in its right mind is going to
leave a section of the country when it has been subjected to the
14 The text of the letter is attached and marked "Appendix M."
15 The text of the speech is attached and marked "Appendix 0."
16 The text is attached and marked "Appendix R."
17 The text is attached and marked "Appendix S."
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1725
ridiculous and destructive influences brought about by these
unions and move into another area to face the same thing... .
Many of these distressed areas are a result of moving out in whole-
sale quantities of industries. Having ruined one section of the
country, the unions now want to ruin this section.
Substantially the same remarks were made in the Employer's letter
to employees, dated May 3 (Appendix B). Similar remarks were
made over the radio through spot announcement sponsored by the In-
terested Citizens beginning on May 9 through the day of the election
(Appendixes J through M). Spot announcements over the radio also
stated the Union drove the Company out of Utica, New York, imply-
ing the same could happen at the Orangeburg plant (Appendixes K,
L, and M).
In his announcement in the Times of May 12, Mayor Fair stated that
two other companies were planning on locating in the area but were
awaiting the outcome of the election to be held the following day. It
is clear from the text, he conveyed the message that these companies
would not locate there if the Union were voted in (Appendix S). The
same theme was voiced in an editorial appearing in the Times on
May 10 and in an ad placed on May 12 by the Interested Citizens
(Appendixes P and H, respectively).
In the opinion of the Regional Director, these statements tended to
instill in the minds of the employees the fear that selection of the
Union would cause Orangeburg to become a distressed area, would
cause the Employer to move, and would deprive employees of job op-
portunities with other companies who would not then locate in the
area.19
Apart from that described above, another type of propaganda was
disseminated. In the Employer's letter to its employees, dated May 3
(Appendix B), it stated :
This union has made many rash promises as to what it intends to
get for you. Let's not be misled. This Company under the law
has no obligation to grant a single concession to this union. The
only way that this union can get any concessions from this com-
pany is by a strike.19 Should this union strike this Company be-
cause of wages, hours, or working conditions, this Company has a
right under the law to replace permanently each and every worker
who goes out on strike, with no obligation to take any of them
back. In that event not only do you fail to get what the union
promised you, but you have lost your job as well. I am sure that
18 See The Falmouth Company, 114 NLRB 896; James Lees and Sons Company, 180
NLRB 290.
11 In Derry's earlier speech to employees (Appendix A), the words "persuasion or" pre-
ceded "a strike."
1726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the union has not told you this. Has the union told you about a
Henderson, North Carolina, strike where hundreds of families
were left homeless and destitute? The union then called off the
strike and told the employees that they would have to fend for
themselves. [Emphasis supplied.]
This same theme was expressed in a condensed version in the ad
placed by Interested Citizens in the May 7 edition of the Times (Ap-
pendix C). In an editorial appearing in the Tines on May 12 (Ap-
pendix T) the day preceding the election the following appeared:
It [the Union] cannot make good the promises. Utica's manage-
ment can refuse union demands, and probably will. The union's
only weapon is to call a strike. In that event, under South
Carolina's laws, the management would be entirely within its right
to fire such employees who do not report for work as expected.
And common sense would lead one to believe that such discharged
personnel would find it impossible to return to Utica and would
find it difficult to obtain industrial employment anywhere else.
In the opinion of the Regional Director, the statements by the Em-
ployer, coupled with those by the outside elements, tended to convey
to the employees the futility of selecting the Union as their bargaining
agent. Thus, the theme expressed was that the only way the emn-
ployees could get a bargaining contract was through a strike and con-
currently hovering over the employees was the danger of replacement.
The editorial appearing on May 12 on the eve of the election actually
spoke of discharge in event of strike and the perils of obtaining re-
employment with the Company or any other employer. Added to the
forecast of eventual strike was the distribution of the "Dear Mom"
booklet which appears to be a printed version of the movie, "Why
Women Must Weep." 20
In evaluating the evidence in its entirety, the Regional Director is
of the opinion that the barrage of propaganda issued by the Employer
and others in the community, including the newspaper editorials and
radio broadcasts, generated an atmosphere of fear of economic loss and
complete futility in selecting the Union as the bargaining representa-
tive, thus destroying the laboratory conditions deemed necessary in
the conduct of Board elections and prevented the expression of a free
choice by the employees.
RECOMMENDATION
The Regional Director recommends that the election conducted
herein on May 13 be set aside.
10 See Plochman and Harrison Cherry Lane Foods, Inc., 140 NLRB 130.
UTICA- HERBRAND TOOL DIV. OF KELSEY-HAYES CO . 1727
CONCLUSIONS
Having recommended that the May 13 election be set aside, the Re-
gional Director further recommends that the Board issue a Decision
and Direction of Second Election directing that the case be remanded
to the Regional Director to conduct a new election at such time as he
deems that circumstances permit the employees' free choice of a bar-
gaining representative.
APPENDIX A
UTICA-HERBRAND TOOL DIVISION OF KELSEY-HAYES COMPANY
The National Labor Relations Board has notified the Company that an election
will be conducted on Monday , May 13, 1963, between 6:45 a.m. and 10:30 a.m.
and from 5 : 30 p.m. and 7 : 00 p.m. This election is to give you the opportunity to
decide by secret ballot whether you want to continue as you are , or whether you
want to have a bunch of outsiders represent you. I intend to put before you the
true facts in this matter so that the decision you reach when this vote is held will be
one based upon the best judgment you can exercise . The decision you reach on this
question could very well be the most important decision you have ever reached in
your life. This decision will affect you. It will also affect your wives and husbands,
your children and those dependent upon you, as well as the entire community in
which you live.
This Company moved to Orangeburg and opened this plant. It has in the short
time that it has been in business provided security for you and your family It is
the Company 's intention , working together with you, to build a strong and profitable
business for the benefit of all of us. It takes time to establish a business in a com-
munity, and no doubt the Company has made mistakes . These have been honest
mistakes and will not be repeated . Working together , and with neither help nor
hindrance from a Union , we can make this business a great asset to this community.
You are entitled to know the true facts about unionism so that when you go into
the ballot booth on May 13, 1963, you may do so with a full knowledge of your
responsibilities . Then you can make a decision based upon the truth . It is my duty
and responsibility to tell you the employees of Utica -Herbrand Tool Division of
Kelsey-Hayes Company these facts . This Union and its representatives may not tell
you some of its dealings . I intend to do this so that you can then decide whether
you wish to place your security in its hands.
I understand the Union has told you that if you don't want anything to do with
this Union, you need not vote. This is not true. It is a trick and a trap deliberately
set so that those who want a Union will vote and those who do not want a Union will
refrain from voting and then all of you will be saddled with a bunch that you don't
want . It is of utmost importance to you, your security , and your future for you to
exercise your right to vote. If you do not vote, you will be letting someone else
take over your lives for the future.
Some of you may have signed Union cards. You may have been told that having
signed a Union card, you now must vote for the Union. This , if it has been told
to you, is a vicious falsehood designed to mislead and confuse you. Whether you
have signed a Union card or not is your own business . Whether you have or have
not, you can vote as you please in the election to be held on May 13. If you are
threatened in any way in an attempt to compel you to vote for the Union , or in an
attempt to keep you from voting at all, this is a violation of Federal Law, and if
you report this to the Company the full thrust of the law will be brought against this
Union.
Orangeburg is a fine town and has a great future ahead of it, provided it is not
subjected to the destructive influences which have ruined industry after industry in
the East, West , and North and caused them to move into the South . No company
in its right mind is going to leave a section of the country where it has been subjected
to the ridiculous and destructive influences brought about by these unions and move
into another area to face the same thing . If you doubt any word that I have spoken,
look at the record of the so-called distressed areas that you are now supporting
through taxpayers money and which are now a matter of record before the Depart-
ment of Labor in Washington , D.C. Many of these distressed areas are a result
of moving out in wholesale quantities of industries . Having ruined one section of
the country , the Unions now want to ruin this section . They have gotten all of the
1728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
money that they can get out of the unfortunates in those areas and now they want
yours. If this Union is so interested in the welfare of workers, why hasn't it spent
all of the money that it has to maintain security for the homeless and destitute in
areas that it and other unions have devastated. You can give them your money if
you want to, that is your privilege, but ask yourself what they are going to do with
it. You can see from the record what they are going to do with it. They intend to
use it to suit themselves and when they run out of the money they collect from you
in the form of dues, they can slap special assessments on you. If you fail to pay
the assessments, they can expel you from Union membership for conduct unbecoming
a Union member.
This Union has made many rash promises as to what it intends to get for you.
Let's not be misled. This Company, under the law, has no obligation to grant a
single concession to this Union. The only way this Union can get any concessions
from this Company is by persuasion or a strike. Should this Union strike this Com-
pany because of wages, hours, or working conditions, this Company has a right
under the law to replace permanently each and every worker who goes out on strike
with no obligation to take any of them back. In that event, not only do you fail
to get what the Union promised you, but you have lost your job as well.
These are only some of the facts I intend to present between now and the elec-
tion so that you will know the true facts and be able to make a proper decision.
Your security lies in your own thinking.
You need not worry whether we will have a man on the moon before the Rus-
sians do. While the luxury of this spectacular crash program can turn your atten-
tion from your own everyday problems, let's do some straight thinking about YOU.
Ask yourself these three questions: (1) Am I, and is my family better off than last
year before Utica-Herbrand came? (2) Am I willing to work to help make Utica-
Herbrand strong and secure for me and my family? (3) Does this speaker who's
here know his business and does he know the hand tool business well enough to
make any contribution to the well being of this Company and its employees.
Thank you for your attention. God bless you and God be with you.
APPENDIX B
MAY 3, 1963
DEAR FELLOW EMPLOYEE:
As you know, the International Association of Machinists, AFL-CIO, is seeking
to represent you in this plant. An election is to be held on May 13, to determine
whether you do or do not want this union in this plant. The vote will be by secret
ballot and the wishes of the majority will prevail. I am writing to you at your
home so that you and the members of your families and your friends can sit to-
gether as a family unit and go over the contents of this letter because the decision
you reach in this matter will not only affect you but all of them. Thus it will be
appreciated if you will take the time to read and consider carefully the things which
I will bring to your attention.
Understand, the Company is not seeking, asking, or expecting a favor from you
in this matter. It only asks that you decide how you will vote on the basis of your
own best interest and the best interest of those dependent on you.
This Company moved to Orangeburg County and opened a plant and employed all
of you people from this community and adjoining areas. It has provided in the
short period of time that it has been operating, security for you and for your families
and for your dependents. The intention of the Company is to build a strong and
profitable business for the benefit of all of us. It takes time to establish a business
in a community and no doubt mistakes have been made. These have been honest
mistakes and will not be repeated. Working together, with neither the help nor
the hindrance of a union, we can make this business a great asset to this community.
Orangeburg is a fine town and has a great future ahead of it industrially, provided
it is not subjected to the destructive influences which have run industry after industry
out of the East, West, and North part of our country to the South. No company
in its right mind is going to leave a section of the country where it has been subjected
to the ridiculous and destructive influences brought about by these unions and move
into another area to face the same thing. Your vote could very well determine the
future growth of Orangeburg County. It could determine the economic security of
your sisters, your brothers, and your wives, your children and your friends. Think
carefully of the significance and importance of this vote. If you doubt any word
that I have spoken, look at the record of the so-called distressed areas of America
that you are now supporting through taxpayers' money. These distressed areas are
a matter of record before the Department of Labor in Washington, D.C., and these
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO . 1729'
distressed areas are a result of industries moving out in wholesale quantities. Having
ruined one section of the country they now want to ruin this section. They have
gotten all of the money that they can out of the unfortunates in those areas and now
they want yours. If this union is so interested in the welfare of workers, why isn't
it spending the money that it is now using to fool you to maintain security for the
homeless and destitute in areas that it and other unions have devastated. Now, you
can give them your money if you want to, but ask yourself what they are going to.
do with your money and you can see from the record what they intend to do with
it. They intend to use it to suit themselves and when they run out of money they
collect from you in the form of dues, they will slap special assessments on you.
And, if you fail to pay the assessments, they will expel you from union membership,
for conduct unbecoming a union member.
This union has made many rash promises as to what it intends to get for you. Let's
not be misled. This Company under the law has no obligation to grant a single
concession to this union. The only way that this union can get any concessions from
this company is by a strike. Should this union strike this Company because of wages,
hours, or working conditions, this Company has a right under the law to replace
permanently each and every worker who goes out on strike, with no obligation to
take any of them back. In that event not only do you fail to get what the union
promised you, but you have lost your job as well. I am sure that the union has not
told you this. Has the union told you about a Henderson, North Carolina, strike
where hundreds of families were left homeless and destitute? The union then called
off the strike and told the employees that they would have to fend for themselves.
Most of you have never been involved in a strike, and you know nothing about
one, but a strike can bring hatred, bitterness, and violence to you and your families.
This union has had plenty of experience with strikes. Let's examine this union's
strike record. The McClellan Committee, which is a Senate Committee to in-
vestigate labor practices, conducted a series of investigations into strikes at missile
plants. The development and manufacture of missiles is, as you know, of utmost
importance to the security of America because of the Communistic threat that en-
dangers the future of every American. This union that seeks to represent you was
one of the targets of this investigation. Senator McClellan in connection with these
strikes at missile bases had this to say:
"Under these perilous circumstances, it is inconceivable that any citizen, or
any segment of management, labor, or Government having responsibility would
promote, participate in, or sanction any policy, tactic, or action that would in
any way obstruct, impede, or delay progress in this vital area of our national
welfare and security. Nevertheless, late last year this subcommittee began
receiving reports that crippling and unwarranted strikes and work stoppages
were occurring with undue frequency and repetition at a number of our missile
bases. A preliminary staff investigation was promptly ordered. Tentative in-
quiry has revealed that more than 327 work stoppages have occurred at missile
sites in the intercontinental ballistic missile program during the past 41/2 years,
resulting in the loss of more than 162,000 man-days of labor."
Further the Senator states:
"I consider the disclosures made by this testimony to be equally, if not more,
shocking than anything that has been revealed in the nearly 5 years of labor-
management relations investigations conducted by our two senatorial committees.
"Our missile and space programs, upon which our survival in the struggle
with world communism depends, have been deliberately and callously delayed
during the last 41/2 years by some who have placed greed and profit ahead of
their devotion to and the safety of our country.
"Wildcat strikes, work stoppages, slowdowns, featherbedding, and a deliberate
policy of low productivity on the part of some unions and workers may well be
responsible to a substantial degree for whatever gap or lagging behind exists in
our space and missile programs.
"In addition, we have demonstrated that many of these workers-through
strikes and other pressure tactics-collected millions of dollars in exorbitant, un-
necessary overtime pay in a brazen gouge of the U.S. taxpayer."
In addition Senator Mundt, a member of this committee, stated:
"The exposure of the amount of forced overtime due to slowdowns and walk-
outs, the implied threats to walk out unless favorable overtime was granted,
the flimsy justifications given in starting jurisdictional disputes, and the general
refusal by craft union personnel to allow nonunion employees to work in States
734-070-04-vol . 145-110
1730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that have right-to-work statutes, have seriously deterred our defense effort to
date. A total of 327 work stoppages involving 162,872 man-days lost at our
various missile bases have, as of March 31, 1961, resulted from the aforemen-
tioned activities."
I am sure that each and every South Carolina worker is interested in the survival of
America in its race against Communism. I am sure that no South Carolina worker
wants to be a member of any union that engages in strikes which imperil our na-
tional security.
This union was also involved in a strike in Princeton, Indiana, and during this
strike a four-months-old baby was shot in the head while lying in its crib. Regard-
less of the issues involved, human life and the security of America are more im-
portant than anything else. These facts are distasteful, but there are documented
recoids to substantiate every word contained herein. It is necessary that I bring
these facts to you, the employees of Kelsey-Hayes, in Orangeburg county. Most of
you have never been involved in a strike and know nothing about the disruption, the
bitterness, and the hate which they can generate. I don't suppose the union has told
you these things, but it is necessary for you to know them in order for you to make
up your mind as to where you want to place your security, the security of your
family and the community in which you live.
WHERE DOES YOUR SECURITY LIE?
Where does your money come from, the union? The answer is no. Ask
yourself whether or not you have received a penny of money from this union to
pay for school books, for the food on your tables, for the clothes on your back, your
Wife's back, your children's backs. The answer is obviously no. You can rest
assured of one thing-this union has no intention of giving you any of its money:
all it wants is your money! Now ask yourself the question-where does your
security lie? I think the answer is obvious.
You may have been told that if you don't want anything to do with this union,
you need not exercise your right to vote. This is a trick and a trap so that those
who are working for the union will vote and you will then be saddled with a bunch
that you don't want. It is of utmost importance to you, your security and your
future for you to exercise your right to vote. If you do not vote, you will be
letting someone else take over your lives for the future.
You may have been told, as I told you before, that having signed a union card
you now have to vote for the union. This, if it has been told you, is a vicious
falsehood designed to mislead and confuse you. Whether you have signed a union
card or not is your own business, but you can vote as you please in the election. If
you are threatened in any way by the union or its agents in an attempt to compel
you to vote for the union or in an attempt to keep you from voting at all this is
a violation of Federal law, and if you report this to the Company, the full thrust
of the law will be brought against this union.
You may also have been told that give this union a chance and if you don't
like it you can vote it out. Don't believe this misleading statement. This union,
once it gets in, is not going to give up your money in the form of dues. It will
resist every effort on your part to leave it because it wants your money. So don't
let the union talk you into believing that if you don't want them they will quietly
slip away. Nothing could be further from the truth.
Now you may have been told that if the union gets into this plant you will have
to join the union to hold your job. This is not true. The law of the State
of South Carolina protects you in your right to work without being a member of a
union. This union in its March 7, 1963, newspaper called the right-to-work laws
"evil laws." Of course, this union is working hard to get this law repealed so that
you can be forced to join and pay dues to this union in order to work. This is
the union's objective-they want your dues to aid them in their effort to destroy
your American right to work without being a member of a union.
Again, I repeat, that it is the firm belief of this Company that a union will
not be to the best interest of the employees. Again I say that I expect and know
that working together, we can build security for all of us without the aid of a
bunch of outsiders who make useless promises for the purpose of getting your money.
You are urged to vote. The fact that you may have signed a union card in no
way obligates you to vote for the union. You are free to vote as you please-
but you should vote. Your failure to vote may result in a decision which would
bind you to a union you may not want. By all means express yourself and protect
yourself-VOTE!
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1731
The Company expects your loyalty and believes that it has it. May God bless
each and every one of you.
(S) B. E. Derry
B. E. DERRY.
APPENDIX C
TO THE EMPLOYEES AT UTICA DROP FORGE
WHAT CAN THE UNION
DO FOR YOU?
NOTHING!
A Union can't get you anything that management at Utica Drop
Forge is not willing to give.
Their alternative is to take you out on strike. If the Union
strikes for economic reasons (wages, hours or working condi-
tions), the company legally has the right to operate its business
and can replace all employees who strike.
This is exactly what happened to the employees at Henderson,
N.C. So think a long time before you ask for this outside, un-
tested leadership.
(Advertisement paid for by interested citizens of Orangeburg)
APPENDIX D
HAS A UNION
EVER HELPED AN INDUSTRY
LOCATE IN ORANGEBURG COUNTY?
NO!
History has proven that Labor Unions stifle the Industrial
Growth of a community rather than help it grow.
The Industrial Growth and Progress of Orangeburg and
Orangeburg County is a vital interest to you and your family.
(Advertisement paid for by interested citizens of Orangeburg)
APPENDIX E
IF A UNION IS VOTED INTO A
PLANT, MAN TO MAN SETTLEMENT
OF PROBLEMS IS OUT
This means that a union representative would be present every-
time an employee desired to discuss anything with his supervisor.
Would you want someone (maybe someone you don't even re-
spect, or like) to act as a go between in your situation?
VOTE FOR WHAT IS GOOD FOR YOU.
(Advertisement paid for by interested citizens of Orangeburg)
APPENDIX F
HOW YOU VOTE IS IMPORTANT
NOT ONLY TO YOU, BUT
TO THE ENTIRE COMMUNITY.
JUST TAKE A FEW MOMENTS AND LOOK AT THE IN-
DUSTRIAL DEVELOPMENT OF THOSE COUNTIES THAT
ARE KNOWN AS "UNION ORIENTED" COMMUNITIES
AND SEE HOW THEY HAVE FAILED TO GROW.
i
1732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
JOINING A LABOR UNION IS YOUR RIGHT AS AN INDI-
VIDUAL, BUT BEFORE YOU DO, REMEMBER THAT
THOSE UNION LEADERS WHO ARE ADVOCATING A
UNION LOSE NO PAY CHECKS DURING A STRIKE.
THESE SAME UNION LEADERS GENERALLY ARE THE
ONES WHO DECIDE WHETHER OR NOT YOU DO STRIKE
AND FOR HOW LONG.
(Advertisement paid for by interested citizens of Orangebury)
APPENDIX G
WHAT THE UNION
CAN DO TO YOU
AND YOUR COMMUNITY
PERHAPS SOME OF YOU ARE ACQUAINTED WITH
THE TOWN OF HENDERSON, N.C. AND HOW IT WAS
AFFECTED BY A LABOR UNION. THIS COULD HAP-
PEN TO US HERE IN ORANGEBURG.
IN ADDITION, IT CAN COST YOU A CONSIDERABLE
AMOUNT OF MONEY IN DUES PLUS "ASSESSMENTS"
THE UNION OFFICIALS CAN LEVY UPON YOU.
IT CAN ALSO ACTUALLY DELAY THE RECEIPT OF
BENEFITS. THOSE YOU HAVE NOW WERE PUT INTO
EFFECT AS CONDITIONS WARRANTED. IN A UNION
PLANT SUCH THINGS ARE HELD UP UNTIL THE EX-
PIRATION OF THE PRESENT CONTRACT-COULD BE
AS LONG AS TWO YEARS.
(Advertisement paid for by interested citizens of Orangeburg)
APPENDIX H
TOMORROW IS THE DAY
WHEN AN IMPORTANT ISSUE WILL BE DECIDED THAT WILL VITALLY
AFFECT THE WELFARE OF ORANGEBURG COUNTY AND IT'S CITIZENS
Tomorrow, May 13, the employees of a large industrial plant in this county will
decide whether or not they want an organization run by northern bosses to represent
them in their dealings with their plant management.
The employees of this plant have the right by law to decide this matter by secret
ballot, and we respect this right.
We, however, do not believe that unions, as they are now operated, are in the
best interests of our southern workers and we ask our fellow citizens who work in
this plant to give careful consideration to the following items before casting their
votes.
A VOTE AGAINST THE UNION MEANS . . .
• continuation of successful efforts to
bring new industry to South Carolina.
• continued creation of additional jobs
for southern workers and their
families.
• the right of an individual to pursue
the work of his cho.ce without paying
fees, fines and assessments to labor
bosses in far off places.
• improved schools, hospitals, churches,
homes and communities because of
expanded job opportunities.
• a vote of confidence in the industries
already doing business in this area
and tnose planning to expand here.
A VOTE FOR THE UNION MEANS . . .
• nullifying much of the ground work
already laid for future industrial
growth in this area.
• the discouraging of industry from lo-
cating here. No union has ever cre-
ated a job or brought a plant to our
area-and none ever will.
• surrendering of your freedom, your
money and your future to outsiders,
whose objectives are not in your best
interest or that of Orangeburg
County.
• a denial of opportunity for us and our
children, by building a barrier be-
tween expanding industry and our
communities.
We sincerely do not believe a union will help our workers in any way whatsoever.
Vote NO UNION tomorrow.
Sponsored by Interested Citizens of Orangeburg County
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1733
APPENDIX I
C. WALKER LIMEHOUSE
ATTORNEY AT LAW
SUMMERS BUILDING
ORANGEBURG, SOUTH CAROLINA
PHONE JEFFERSON 4-6061
MAY 8, 1963.
Dear
This letter is addressed to you regarding the election to be held shortly to de-
termine whether the Utica plant at Orangeburg will be unionized.
This matter affects not only you but the entire community and the State. Having
spent eight years in the South Carolina legislature working in close cooperation with
those trying to bring badly needed industry into our section ( to support our agri-
cultural economy ) I know that the favorable labor climate and the absence of union
bosses was a major factor in our recent successes . Shall we reap the fruits of these
labors? We can lose these successes as easily as they appeared to be obtained. In
my view, it would be a betrayal of trust if we now permitted the unions to come in
and take over.
I am not opposed to unions generally. They serve good purposes where there is
a need for them. My point is that there is no need for them here. If there should
be in the future labor abuses or grievances the opportunity will ever be present for
union organization.
We of Orangeburg County pride ourselves on being conservative in view; inde-
pendent of judgment, and believing in fair play . I know that you are in accord with
these principles.
Please use your influence and efforts to strike down this attempt to sabotage that
which all of us have labored so long and hard to obtain.
Respectfully,
(S) C. Walker Limehouse,
C. WALKER LIMEHOUSE.
'CWL: iw
APPENDIX J
For many months, union organizers have been meeting with Utica Drop Forge
and Tool company employees, telling the union's story. Finally on Monday
morning, employees will be forced to choose between the union and management.
The union organizers have not told employees what sacrifice employees will be asked
-to make in loss of pay, loss of jobs, loss of property and health in violence that
.accompanies union domination. But, that's the record. Unions have struck defense
plants from coast-to-coast.
Congressional investigations have shocked the nation and the people of this com-
munity. If the unions will take hundreds of thousands of man-hours out of the
nation's defense effort, they are rough and tough enough to take what they want in
this Community.
We, the Interested Citizens of Orangeburg, ask each of you to discuss this issue
with your neighbors. What Utica employees decide Monday is a community
decision as well as the employees' decision. We go forward to better days, better
pay, happier lives without the influence which has created distress areas in the
East, West and North-by defeating the union on Monday at Utica Drop Forge and
Tool Company.
This announcement has been sponsored and paid for by the Interested Citizens of
Orangeburg Committee.
APPENDIX K
Utica Drop Forge and Tool Company has been in its new plant in Orangeburg
only a few months. Over 600 men and women are employed. The output of the
plant is nowhere near capacity. Hundreds more men and women can be employed
if the company is allowed to go on getting its house in order. Sales are away
ahead of production. Better jobs and more jobs are in store for citizens of this
community if the company is allowed to grow. But, the same forces that drove the
company out of its home in Utica, New York, have followed the company to
Orangeburg, South Carolina. Monday, employees will have a chance to vote for
company management or union bosses. Unions fill the news media of this nation
with strikes, layoffs, violence and destruction. No company, no group of employees
can get production under conditions which have wrecked homes and plants of the
1734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
East, North and West and have created vast distress areas. We, the Interested
Citizens of Orangeburg, ask all citizens, both employees at Utica and their neighbors
to give the company a chance to show what it can do in creating better jobs and
more jobs under good management rather than under union bosses.
This announcement has been sponsored and paid for by the Interested Citizens
of Orangeburg Committee.
APPENDIX L
On Monday, employees at Utica Drop Forge and Tool Company in Orangeburg
will be required to take a choice between company management or union domina-
tion. With union domination, employees at Utica would be working under condi-
tions which drove the company out of Utica, New York. Utica employees will
either defeat the union on Monday or the unions will make a distress area out of
our community as they have created the distress areas of the North, East and West.
Utica can get orders for four times the tools it is making. If the company can
produce four times the tools it is now making-there will be more jobs and better
pay for employees. Union domination of employees is a record of strikes, lay-offs,
violence and destruction. We, the Interested Citizens of Orangeburg, ask you to
discuss this issue-and, we ask each of you to do what you can to get a vote,
Monday, for company management instead of union domination.
This announcement has been sponsored and paid for by the Interested Citizens
of Orangeburg Committee.
APPENDIX M
The Utica Drop Forge and Tool Company came to Orangeburg because working
conditions under destructive union practices made continued production of tools
impossible in Utica, New York. Manufacturers like Utica Drop Forge are leaving
union ridden communities so fast that those places are distress areas. The question
now faces the people of this community. Do we want to make this a distress area?
Union bosses have proven that they can be hard, ruthless, task-masters. When a
contest comes between the union bosses and company management, it is the worker
and the family that gets hurt-physically in violence and financially in loss of income.
That is what has happened in the union-ridden communities from which manufac-
turers are coming to Orangeburg. On Monday, the Utica Drop Forge employees
have to make a choice. We, interested citizens of Orangeburg, ask all citizens-
whether or not you work at Utica-to discuss this with your neighbor and do
what you can to settle this election Monday in more jobs and better pay and better
working conditions under company management instead of fights, strikes and layoffs
under union bosses.
This announcement has been sponsored and paid for by the Interested Citizens of
Orangeburg Committee.
APPENDIX N
MAY 9, 1963.
DEAR FELLOW EMPLOYEE:
During the past several weeks I have had occasion to talk to you and to write
to you concerning your future and your security. You will have an opportunity to
vote on Monday whether you want to be represented by the union or not. If you
want to retain control of your future and your security and do not want these
controlled by the union then you should vote "no." You must vote or you are
leaving this choice up to someone else.
I hope you will consider again everything I have told you. The decision you
make could well be the most important one you will ever make.
Let's examine the record on a few of the things you should consider.
Are you and are your families more secure now than you were before Utica-
Herbrand came to Orangeburg in 1962? I am convinced that you are Otherwise
you would not have chosen to come to work for, and stay with, this Company.
The Company in this year has provided you with jobs and pay with which to support
yourselves and your families. Your wage rates are comparable to or better than
those of other plants in this area.
This Company has spent $ 1,981 ,130.00 for its plant and equipment in Orange-
burg in the short time it has been here. This, it spent , to provide jobs for you.
This Company has paid in payrolls at Orangeburg $1,221,500.00 in just nine months.
Has the union provided these? No, and it never will.
The union in its official newspaper of June 7, 1962 said that it took in
$19,000,000.00 in 1961 and paid out in strike benefits to 15,062 of its members only
$2,352, 875.09 during that year. From where did all this money come? Of course,
UTICA-HERBRAND TOOL DIV. OF KELSEY-HAYES CO. 1735
it came from dues paying members, just such people as this union would like to make
you. To whom did the rest of the money go? It obviously went to officials,
organizers professional outsiders and for publicity and political influences. It cer-
tainly did not come to you or other workers like you. This is really a case of "the
man who carried the horse."
This Company in the few months it has been in Orangeburg has paid to its em-
ployees in payrolls $1,221,500.00. This is not payments to 15,000 or 20,000 people;
it represents the payments made to you and each of you. You have the Kelsey-
Hayes vacation policy, with pay, as outlined to you and as posted on your bulletin
boards. The Company pays the full cost for you of a life and accident, weekly
sick benefit and hospital and surgical expense insurance policy. (Marshall Walling,
clock number 6485, volunteered that he and his family had taken advantage of this
insurance six times since he had worked here and had hospital bills for over $1,000;
the only expense to him was about $6.00 for miscellaneous drugs.) You have
paid holidays and the best possible working conditions and surroundings. The
Company, not the union, provides these. You have gotten these without paying
dues to a union. It is obvious with whom your security and future rest.
I told you last week something about the unions and our missile and space pro-
grams, and particularly about what Senator McClellan and his investigating commit-
tee had found. Among other things this committee found that labor troubles or
strikes caused by the International Association of Machinists at Cape Canaveral
between July 1, 1956, to December 31, 1960, caused a loss of 10,200 man days of
work-and Cuba is only 90 miles away'
Was this union thinking of your security and the security of this country at that
time? You probably read in the newspapers last week that this union has been
threatening to call a strike of employees of Boeing Aircraft Company in the missile
and space program. After the report of the McClellan committee and in the
December 6, 1962, issue of The Machinist, the official newspaper of the I.A.M.,
the vice president of this union is quoted as saying in reply to the President of the
United States regarding a shutdown strike at Lockheed Aircraft Company the
following:
"The back to work request in no way changes the temper of I.A.M.
members whose concerted action brought production to an absolute stand-
still at all Lockheed plants involved."
Do you really believe that you want to be represented by this union or any union
with its principles? Merely to ask the question is to answer it in the negative.
WHAT HAPPENS IF A STRIKE IS CALLED 9
This union knows all about strikes and how they affect communities and people.
Do you? I told you some hard facts about strikes in my letter last week. Consider
again what I told you then. This union which seeks to represent you has plenty of
experience in respect to strikes. In its official newspaper, The Machinist, of June 7,
1962, this union said that strike benefits had been paid to 15,062 members of 103
of its lodges during 1961. This means that during the year at least 15,062 of this
union's members were involved in at least 103 strikes. This is an average of only
$150 per person who received benefits in that year.
This union published its "Official Circular No. 631" entitled, "Strike Benefits"
in its March 7, 1963, issue of The Machinist. This bulletin says that:
"No benefits shall be paid to members who REFUSE to do the duties
assigned to them by those in charge of the strike."
The Union has flatly stated that if you are involved in a strike you will not be
paid any benefits at all unless you do exactly what those in charge of the strike told
you to do Who would "those in charge" be? What would they ask you to do?
Who would determine whether you had done your duties? If strike benefits were
paid they would nowhere near approach the amount of your weekly wages with
this Company. Indeed, the union in its official newspaper has said that you get no
benefits for the first two weeks of any strike.
What would a strike mean to you then? It obviously would be a catastrophe.
The February 21, 1963, issue of The Machinist reports the settlement of a strike
against Shell Oil Company by I.A.M. at a refinery in Illinois. The strike began
on August 18, 1962, and ended in February 1963, a period of six months. The
workers involved received a 5 percent increase in wages. Elementary arithmetic
leads to the necessary conclusion that it would take the workers involved in that
strike a period of approximately 10 years working with their 5 percent raise to
recover the wages they lost during the six months of the strike. And during that
7736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
six months who paid the payments on the house ? Who paid the payments on the
car? Who paid the grocery bill?
The Kelsey-Hayes Company does not want a union here to try to tell them how
to run this plant.
I do not need a union to share my management responsibilities-thus our Com-
pany position and my official stand are clear.
To vote in this election is quite simple . You will be notified of your right to
vote by a person called an observer. He will have in his hand a sign which says,
"You may vote now." When you see this person enter your department with the sign
you should leave your work and go to the area where the voting is taking place.
You will go to a table and your name will be checked off by the agent of the
National Labor Relations Board. He will then hand you a ballot. You will go
into an enclosed booth and vote in secret your wishes. You will then fold the
ballot, take the ballot out of the booth and drop it in the ballot box. No one will
know how you voted. Use only an "X" to mark your ballot.
You are urged to vote. The fact that you may have signed a union card in
no way obligates you to vote for the union . You are free to vote as you please-
but you shold vote! Your failure to vote may result in a decision which would
bind you to a union you may not want. By all means express yourself and protect
yourself-VOTE!
Yours very truly,
(S) B. E. Derry,
B. E. DERRY.
BED:h
APPENDIX 0
MAY 9, 1963.
You will be voting on Monday and this will explain the place and the correct
way to vote.
To vote in this election is quite simple . You will be notified of your right
to vote by a person called an observer . He will have in his hand a sign which
says, "You may vote now ." When you see this person enter your department with
the sign , you should leave your work and go to the area where the voting is taking
place . You will go to a table and your name will be checked off by the agent of the
National Labor Relations Board. He will then hand you a ballot . You will go into
an enclosed booth and vote your decision in secret . You will then fold the ballot,
take the ballot out of the booth and drop it in the ballot box. No one will know
how you voted . Use only an " X" to mark your ballot.
You are urged to vote. The fact that you may have signed a union card in no
way obligates you to vote for the union. You are free to vote as you please-but
you should vote! Your failure to vote may result in a decision which would bind you
to a union you may not want : By all means, express yourself and protect yourself-
VOTE!
Ladies and Gentlemen , this is my last meeting with you until after the election
Monday. Since I am a new man here, I have given you an opportunity to know me,
and have taken the opportunities to know each of you better. We have attempted
to let you know why we do not need a union in this plant and why we do not
want one.
When we have finished today's meeting (with questions and answers ) and when
you have read my letter that you will get at home today, my lips are sealed
on this subject.
Let me say to any of you who have supported this union 's position that I hope
you will continue to be friendly and as open with me as you have been through this
campaign-and to each and every employee, I seek your understanding and
friendly support for all time.
You now have Saturday and all day Sunday to reflect on my message. In
your prayers, will you ask for Divine guidance in coming to your decision? May
God bless you and guide you.
B. E. DERRY.
APPENDIX P
An editorial
WHAT WILL IT BE?
The future of Orangeburg 's industrial growth, the future of its people , its pros-
perity and its progress , will be determined by events that will transpire at the Utica
Drop Forge and Tool Division of the Kelsey-Hayes Company's plant on S. C. High-
way 33 Monday.
UTICA-HERBRAND TOOL DIV. OF KELSEY -HATES CO. 1737
It is there that an election, ordered by the National Labor Relations Board
(NLRB), a Government agency, will be held to determine whether or not its em-
ployees wish the International Association of Machinists, AFL-CIO, a labor union,
to represent them as their bargaining agent.
By the result of their vote, the relatively few employes at Utica can directly affect
the lives of the approximately 70,000 residents of Orangeburg County. They have
the say-so as to the future growth of already well-established businesses and services
in the area. By casting their ballots Monday, they have the power to change an ex-
pected rosy future of a community into a dreary status-quo existence.
The reason is that the industrial eye of those who plan to come to the Orangeburg
area in the near future will be on the Utica plant and the election results Monday.
Two of these industries, one to be established on the banks of the Edisto River near
Bamberg, the other to be in parts of Calhoun and Lexington Counties, have already
closed deals for the purchase of industrial property. But they did so in the face of
what was then considered an attractive "labor climate" which, by the unionization
of Utica, could immediately become a "hostile labor climate." If Utica employes
vote the labor in, those two industries may be out, so far as this area is concerned. .
There are other industries also watching Orangeburg and Utica. They have made
no steps to come to this area. They won't. Not until after Monday, and then only
if Utica employes reject unionization.
Needless to say, this area wants more industry. The bankers want it. It will mean
more money to loan to others to establish new businesses , more industry. The de-
partment stores want it. So do the butcher and the baker.
Most of all, the people of the Orangeburg area want it. The more industry, the
more jobs. The more jobs, the more security. The more security, the more happi-
ness. Industry means growth. Unions can kill industry. They have in the past, they
can in the future.
So Utica employes face a grave responsibility to themselves and to their friends
and neighbors Monday when they cast their ballots. A "no" vote means progress
for all. A "yes" vote means industrial stagnation. The answer is up to them. What
will it be?
(Editorial by Frank K. Myers, T & D Executive Editor)
APPENDIX Q
I AM JOHN DAVID BATES, A FARMER. I CAN REMEMBER THE
TIME WHEN THERE WERE PRACTICALLY NO JOBS IN ORANGE-
BURG. NECESSITY FORCED ME TO TRAVEL AND WORK AWAY
FROM ORANGEBURG. I'VE WORKED FROM NEW YORK TO MON-
TANA TO PROVIDE MY FAMILY WITH THE NECESSITIES OF LIFE.
THERE WAS NO JOB FOR ME IN ORANGEBURG. I HAVE OBSERVED
THE INFLUENCE AND POWER EXERTED BY VARIOUS UNIONS ON
NUMEROUS OCCASIONS. I HAVE TALKED TO MEN WHO HAVE
BEEN FORCED OFF OF JOBS BY THE UNION. I HAVE TALKED TO
SOME OF THE PEOPLE WHO HAD TO LEAVE KOHLER IN WISCON-
SIN. KOHLER WAS A PROSPEROUS AND GROWING COMMUNITY OF
WELL-PAID AND OF THE MOST PART-SATISFIED WORKERS. BUT,
THE UNION AND A FEW DISGRUNTLED SELFISH WORKERS WERE
NOT SATISFIED. WHAT HAPPENED9 THOUSANDS OF PEOPLE HAVE
SUFFERED AND MANY OF THOSE FAMILIES HAVE NOT RECOVERED
TO THIS DAY. IF YOU ALL AT UTICA DON'T KNOW WHAT HAPPENED
IN THE PAST FEW YEARS AT HENDERSON, NORTH CAROLINA, YOU
OUGHT TO FIND OUT. THIS KIND OF THING HAS HAPPENED TO
THOUSANDS OF UNION-ORGANIZED PLANTS ALL OVER THIS COUN-
TRY, AND-I'VE SEEN SOME OF THEM WITH MY OWN EYES. I-AND
MY SONS-OPERATE A DAIRY FARM 12 MILES FROM ORANGEBURG.
WE HAVE NO RELATIVES WORKING IN ANY OF THE PLANTS IN
ORANGEBURG. WE ARE ONE OF THE FEW FARMERS WHO HAVE SUB-
SCRIBED MONEY TO TRY TO BRING NEW INDUSTRY TO THIS COM-
MUNITY. WE PUT OUR MONEY INTO THE ORANGEBURG DEVELOP-
MENT COMPANY TO MAKE THIS A BETTER PLACE TO LIVE SO OUR
CITIZENS WOULD NOT HAVE TO GO ELSEWHERE TO WORK. INDUSTRY
WANTS TO AND WILL COME HERE IF WE KEEP THE CLIMATE
RIGHT. DON'T LOSE SIGHT OF ONE THING. THE UNIONS PUT UP
1738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
NO MONEY NOR DO THEY PROPOSE TO MAKE ONE SINGLE JOB
FOR YOU. THE UNION HAS NOT DONE ONE THING TO GET YOU
THIS JOB-BUT, THE UNION CAN SURE LOSE IT FOR YOU. THINK.
APPENDIX R
TO THE PEOPLE OF ORANGEBURG COUNTY:
THE COUNTY DELEGATION, THE DEVELOPMENT BOARD, AND
MANY OTHER INTERESTED PEOPLE HAVE WORKED FOR MANY
YEARS TO BRING INDUSTRY TO OUR COUNTY SO THAT THE PEOPLE
MIGHT HAVE JOBS. ONLY DURING THE LAST TWO OR THREE
YEARS HAVE OUR EFFORTS BORNE FRUIT, AND WE ARE ALREADY
REAPING THE BENEFITS.
UTICA CAME TO ORANGEBURG BECAUSE WE WERE FRIENDLY
TOWARD THEM. LET US GIVE THEM A CHANCE TO SHOW THAT
THEY WILL DEAL FAIRLY WITH US. WE SHOULD NOT PERMIT
OUTSIDE AGITATORS WHO ARE PROMOTING THEIR OWN INTER-
ESTS TO INTERFERE.
WE URGE EACH EMPLOYEE OF UTICA TO CONSIDER WELL BE-
FORE HE VOTES FOR THE UNION.
ORANGEBURG COUNTY DELEGATION:
MARSHALL B. WILLIAMS, Senator.
FRED CONNOR, Representative.
JERRY M. HUGHES, Jr., Representative.
F. HALL YARBROUGH, Representative.
MITCHELL OTT, Representative.
APPENDIX S
TO THE EMPLOYEES OF UTICA DROP FORGE:
As Mayor of the City of Orangeburg, with approval of Council, I feel that you
would be interested in how most of the citizens of Orangeburg feel about the elec-
tion tomorrow. Most of us in Orangeburg have worked hard to bring industry to
our City. Some have worked directly; others have lent their support to the effort.
We feel now that the fruits of labors of all those in Orangeburg are beginning to be
enjoyed.
We have located in Orangeburg two fine companies: Kelsey-Hayes and the SCM
Corporation. I personally know of two other companies which plan to locate very
near Orangeburg, but who have failed to commit themselves. It is my belief that
they are waiting on the outcome of the election at the Utica Plant before making
definite commitments in our area.
It is common sense that the more industry we have in Orangeburg, the better
wages employees will receive. To vote the union in to any of the plants now, I
feel, would hurt the future wages of every employee in and around the City of
Orangeburg, including those at the Utica Plant.
For myself and for most of the citizens of Orangeburg, I can assure you that we
feel a vote against the union would be a vote for progress in our City and for our
surrounding communities. It is my belief that in not allowing the unions to control
your life, not only will you be helping all of Orangeburg but you will be substan-
tially helping yourself.
S. CLYDE FAIR, Mayor,
City of Orangeburg.
APPENDIX T
An editorial
DECISION DAY NEARS AT UTICA
The day of decision draws nearer. The future of Orangeburg area will be in
the hands of some 600 employees of the Utica Drop Forge and Tool Division plant
of the Kelsey-Hayes Company between 7 a.m. and 7 p.m. Monday . By 7:30 p.m.,
it is estimated , it will be known whether those employes have voted to be self-
confident , proud and reliant American workers or hangdog, subservient wage col-
lectors who plan to turn over part of their wages to union bosses who have promised
more than it is in their power to give.
WILLIAMSPORT NEWCRETE PRODUCTS CO., INC. 1739
The union has made its promises-there is no doubt about that . It has spent
lavishly to wine and dine Utica employes to put them in a receptive mood for those
promises. And there , unfortunately , is a small nucleus of workers at Utica who
have swallowed the union 's hook, line and sinker in one gulp.
They do not realize that promises are cheap . They can be given by a prince or
a pauper . They cost nothing. But fulfilling promises is something else again.
It is easy for the union to promise a- prospective member that it will see to it
that management will give him a certain wage (rumors are that the union is offer-
ing $3.25 an hour of Utica's money ). It is easy for a union to promise that a worker
will get two weeks of paid vacation , or that management will provide free hospital
and health insurance , or anything else.
It cannot make good the promises . Utica's management can refuse union
demands, and probably will. The union 's only weapon is to call a strike. In that
event, under South Carolina's laws, the management would be entirely within its right
to fire such employes who do not report for work as expected . And common sense
would lead one to believe that such discharged personnel would find it impossible
to return to Utica and would find it difficult to obtain industrial employment any-
where else.
So Utica's employes Monday have a choice . They can vote to refuse the In-
ternational Association of Machinists as a bargaining agent and remain with the
company, grow with it and prosper with it. Or they can vote the union in and await
a strike call which , undoubtedly, will be made which will be costly to the company
but disastrous for the workers both as to lost income and lost opportunity.
Think it over , Mr. Utica Employe . Think well now. Tomorrow night will be
too late.
Williamsport Newcrete Products Co., Inc. and George R. Hall,
Leonard Karschner, Willard Miller , Frank L. Leech, Dean
Fry. Cases Nos. . -C,A-2939-1, I-CA-X939-2, 4-CA-2939-3, 4-CA-
2939-1y, and 4-CA-2939-5. February 13, 1964
DECISION AND ORDER
On September 25, 1963, Trial Examiner George J. Bott issued his
Decision in the above-entitled proceeding, finding that the Respond-
ent had engaged in and was engaging in certain unfair labor practices
within the meaning of the Act and recommending that it cease and
desist therefrom and take certain affirmative action, as set forth in
the attached Decision. Thereafter, the Respondent filed exceptions
to the Decision and a supporting brief. The Respondent has also
requested oral argument.'
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection
with this case to a three-member panel [.Chairman McCulloch and
Members Fanning and Jenkins].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the Trial
Examiner's Decision, the exceptions and brief, and the entire record
in this case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner.
1Because , in our opinion, the record , exceptions , and brief adequately set forth the issues
and positions of the parties , this request is hereby denied.
145 NLRB No. 166.