L. G. Everist, Inc.

National Labor Relations Board - Board Decisions

May 19, 1955

112 N.L.R.B. 810 (N.L.R.B. 1955)

810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
L. O. Everist , Inc. and Local No. 49, International Union of
Operating E ngineers , A. F. L., Petitioner . Case No. 18-RC-0437.
May 19.1955
DECISION AND CERTIFICATION OF RESULTS
Pursuant to the provisions of a stipulation for certification upon
consent election, an election by secret ballot was conducted on March
3, 1955, under the supervision of the Regional Director of the Eight-
eenth Region of the National Labor Relations Board among certain
employees of the Employer. Following the election, the parties were
furnished a tally of ballots. The tally shows that, of the approxi-
mately 18 eligible voters, 18 cast valid ballots, of which 6 were for
the Petitioner, and 12 were cast for no union.
On March 9, 1955, the Petitioner filed timely objections to conduct
affecting the results of the election. In accordance with the Rules and
Regulations of the Board, the Regional Director conducted an investi-
gation and, on March 22, 1955, issued and served upon the parties his
report and recommendation on objections to conduct affecting results
of election , in which he found the objections did not raise substantial
or material issues to conduct affecting the results of the election and
recommended that the objections be overruled. On April .1, 1955,
the Petitioner filed exceptions to the Regional Director's report and
requested that the election be set aside.
Upon the basis of the entire record in this case, the Board makes
the following :
FINDINGS Or FACT
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act: All production and maintenance employees
at the Employer's operations in Dell Rapids, South Dakota, excluding
all office clerical employees, watchmen and guards , professional em-
ployees, and supervisors as defined in the Act.
Objections
In its objections , the Petitioner contended that a letter sent by the
Employer, shortly before the election , to all of its employees eligible
112 NLRB No. 108.
L. G. EVERIST, INC. 811
to vote in the election interfered with the election. It charged that
(1) the letter contains "false and misleading information . . . and
was calculated to place the Union in the position of one interested
only in fomenting strikes, collecting dues from the employees and
giving nothing in return to its members"; (2) the letter contains a
"false and misleading statement as to the employees' rights under
Section 9 (a) of the National Labor Relations Act"; and (3) the
letter and its attached documents, when read in their entire context,
contain a "veiled threat to the employees that if they select the Union
as their bargaining representative, it will have an adverse effect upon
their employment and relationship with their Employer."
In his report, the Regional Director found that a letter with two
attachments, was mailed by the Employer on March 1, 1955, and
received by the employees in due course of mail sometime prior to
March 3, 1955, the date of the election. The letter, in general, urged
the employees to vote against the Petitioner. In addition, it contained
the following :
You should remember that if they win the election, they represent
all of you, not just the ones that voted for them or those that join
up. Your personal right to take care of your own affairs with
this company is gone.
The Regional Director concluded, however, that the contents of the
Employer's letter and attachments, including the above, was an expres-
sion of the Employer's opinion and argument and electioneering
propaganda privileged under Section 8 (c) of the Act, and that the
Petitioner's objections did not raise substantial or material issues with
respect to conduct affecting the results of the election. He recom-
mended that the Petitioner's objections be overruled and that the
Board certify that a majority of the valid ballots had not been cast
for the Petitioner.
In its exceptions to the Regional Director's report, the Petitioner
renews its original objections. In addition, it contends that the por-
tion of the letter set forth above, contains a false and misleading state-
ment concerning the rights of employees that are guaranteed by the
Act and "exceeds the bounds of permissible opinion and argument and
does not constitute legitimate electioneering propaganda privileged
under Section 8 (c) of the Act." We do not agree.
The Board does not normally undertake to police or censor propa-
ganda used in the elections it conducts but rather leaves to the good
sense of the voters the appraisal of such matters, and to opposing
parties the task of correcting inaccurate and untruthful statements.'
In this instance, we are of the opinion, as was the Regional Director,
1 Co njot t Slipper Corporation , 112 NLRB 183 , Stewart-Warner Corporation, 102
NLRB 1153 . Bl ue Ban ner L aundrt/ R Cleaners, 100 NLRB 2
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the letter in issue herein is merely an expression of the Employer's
opinion and argument and electioneering propaganda privileged under
Section 8 (c) of the Act. Moreover, it does not appear to us that
the portion of the letter specifically adverted to by the Petitioner is
such as to influence the employees improperly or to prevent their exer-
cise of a free choice.2
Accordingly, as we have found no merit in the Petitioner's objec-
tions, and, as the tally shows that a majority of the ballots has not been
cast for the Petitioner, we shall certify the results of the election.
[The Board certified that a majority of the valid ballots was not
cast for Local No. 49, International Union of Operating Engineers,
A. F. L., and that the said Union is not the exclusive representative
of the employees at the operations of L. G. Everist, Inc., Dell Rapids,
South Dakota.]
9 Stcu a, t-'{Varner Corporation, supra
Local 595, International Association of Bridge, Structural and
Ornamental Iron Workers, A. F. L., and Its Business Agent,
W. B. Sanders, Iron Workers Association, Inc. and W. B. Sand-
ers, Resident Agent and Bechtel Corporation. Case No. 14-
CD-39. May 00, 1955
DECISION AND ORDER
On December 15, 1954, Trial Examiner Reeves R. Hilton issued his
Intermediate Report in the above-entitled proceeding finding that the
Respondents had not engaged in and were not engaging in any unfair
labor practices within the meaning of Section 8 (b) (4) (D) of the
Act. Accordingly, he recommended that the complaint be dismissed
in its entirety. Thereafter, the General Counsel filed exceptions and
a supporting brief.
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 Inter-
mediate Report, the exceptions and brief, and the entire record in the
case and hereby adopts the findings, conclusions, and recommenda-
tions of the Trial Examiner only insofar as they are consistent with
this Decision and Order.
1. Pursuant to Section 10 (k) of the Act, the Board issued a Deci-
sion and Determination of Dispute on May 11, 1954.1 It found that
Respondents, Local 595 and W. B. Sanders, were not lawfully entitled
1 Local 595, International Association of Bridge, Structural and Ornamental Iron Workers,
A F. L., and its Business Agent, W. B. Sanders, 108 NLRB 823.
112 NLRB No 110.