Lewis-Shepherd Co.

National Labor Relations Board - Board Decisions

Jul 17, 1947

74 N.L.R.B. 534 (N.L.R.B. 1947)

In the Matter of LEWIS-SHEPARD CO. AND ACME ENGINEERING COM-
PANY, EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE,
AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
C. I. 0., PETITIONER
Case No. 1-R-3647.Decided July 17, 194'7
DECISION
AND
ORDER
Pursuant to a Stipulation for Certification Upon Consent Election
executed by the Employer and the Petitioner on March 14, 1947, an
election by secret ballot was held on March 26, 1947, under the direc-
tion and supervision of the Regional Director for the First Region.
At the close of the election, the parties were furnished a Tally of
Ballots which shows that there were 456 eligible voters and that 433
votes were cast, of which 165 were for the Petitioner, 229 against the
Petitioner, 34 challenged, and 5 void.
On April 1, 1947, the Petitioner filed objections to the conduct of
the election. After an investigation, the Regional Director issued
his Report on Objections, in which he found merit in two of the seven
objections asserted by the Petitioner and, on the basis thereof, recom-
mended that the Board set aside the election. Thereafter, the Em-
ployer filed Exceptions to Report on Objections.
In his Report on Objections, the Regional Director found, among
other things, that "investigation reveals that Mr. Sundiii, Superin-
tendent of the Company, was sitting in a parked automobile directly
opposite the hall in which the Union held a meeting on or about
March 17, 1947 for-the purpose of ascertaining the extent to which
employees were interested in the Union. The Company admits the
foregoing." The Employer in its Exceptions does not controvert the
Regional Director's findings in this respect but contends that the
Superintendent's activities were not authorized by the Employer and
that there is no showing that such activities' were known to the
employees.
We find no merit in the Employer's contentions. In our opinion
the above-described action on the part of the Superintendent, occur-
74 N. L. R. B., No. 99.
534
LEWIS-SHEPARD CO . 535
ring 9 days before the election, constitutes such improper interference
as to warrant setting aside the election.'
In view of the above finding, it becomes unnecessary for us to pass
upon the other objection found to have merit by the Regional Director.
Accordingly, we shall set the election aside and shall direct a new elec-
tion at such time as the Regional Director advises us that circum-
stances permit a free choice among the employees.
ORDER
IT IS HEREBY ORDERED that the election held on March 26,1947, among
employees of Lewis-Shepard Co. and Acme Engineering Company,
Watertown, Massachusetts, be, and it hereby is, vacated and set aside.
1 See, e. g , N. L. It. B. v. Collins ,& Aikman Corporation, 146 F . ( 2d) 454, 455 ( C. C. A. 4),
enforcing 55 N. L. R. B . 735, 736 ; N. L. R B. Baldwin Locomotive Works, 128 F. (2d)
39, 50 (C. C. A. 3), enforcing 20 N L. R. B 1100 , 1121; Matter of The Ohio Public Service
Company, 52 N. L. R. B. 725.