Lenkurt Electric Co., Inc.

National Labor Relations Board - Board Decisions

Jun 22, 1971

191 N.L.R.B. 427 (N.L.R.B. 1971)

LENKURT ELECTRIC CO., INC. 427
Lenkurt Electric Company, Inc. and San Francisco &
Vicinity Printing Pressmen, Offset Workers & As-
sistants' Union No. 24, International Printing Press-
men and Assistants ' Union of North America, AFL--
CIO
Lenkurt Electric Company, Inc. and San Francisco &
Vicinity Printing Pressmen , Offset Workers & As-
sistants' Union No. 24, International Printing Press-
men and Assistants ' Union of North America, AFL-
CIO, Petitioner . Cases 20-CA-4284 and 20-RC-
7154
June 22, 1971
SUPPLEMENTAL DECISION, ORDER, AND
CERTIFICATION OF RESULTS OF ELECTION
BY MEMBERS FANNING, BROWN, AND KENNEDY
The Board on February 19, 1968,1 issued its Decision
and Order finding that the Respondent had engaged in
certain unfair labor practices as alleged in the com-
plaint in Case 20-CA-4284 and that such conduct in-
terfered with the election in Case 20-RC-7154. The
Board further stated therein, that in view of the 8(a)(1)
violations found and its decision to set the election
aside and direct a second one on that basis, it was
unnecessary to pass on the Union's further objections
to the election.
Thereafter, on February 10, 1971, the United States
Court of Appeals for the Ninth Circuit refused to grant
enforcement of the Board's Order of February 19,
1968, finding that' the Respondent's statements on
which the Board's 8(a)(1) findings were based were
predictions protected by Section, 8(c) of the Act, rather
than threats proscribed by Section 8(a)(1) of the Act
and constituted proper campaign propaganda. Thus, in
view of the court's holding, the Board deems it appro-
priate to consider the Union's further objections in
Case 20-RC-7154. Those further objections were
grounded on two letters the Respondent had sent its
employees during the election campaign2 which the
Trial Examiner concluded contained permissible cam-
paign propaganda.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its powers
in connection with this case to a three-member panel.
The Board has considered, insofar as they relate to
the further objections, the Trial Examiner's Report on
Objections, the Charging Party's exceptions and brief,
and the entire record in this case. Upon such considera-
tion we conclude that the Charging Party's exceptions
to the Trial Examiner's recommendation that these ob-
jections he overruled are without merit.
Accordingly, we shall vacate the Direction of Second
Election in the Board's Order dated February 19, 1968,
and certify the results of the election held in Case 20-
RC-7154.
ORDER
It is hereby ordered that the Direction of Second
Election of February 19, 1968, be, and it hereby is,
vacated.
CERTIFICATION OF RESULTS OF ELECTION
It is hereby certified that a majority of the valid
ballots has not been cast for San Francisco & Vicinity
Printing Pressmen, Offset Workers & Assistants'
Union No. 24, International Printing Pressmen and
Assistants' Union of North America, AFL-CIO, in
Case 20-RC-7154, and that the said organization is not
the exclusive representative of the employees in the unit
herein involved, within the meaning of Section 9(a) of
the National Labor Relations Act, as amended.
' 169 NLRB 941 2 Supra at 962, 963.
191 NLRB No. 100