Lobue Bros.

National Labor Relations Board - Board Decisions

Sep 3, 1954

109 N.L.R.B. 1182 (N.L.R.B. 1954)

1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
LOBUE BROS. and UNITED FRESH FRUIT & VEGETABLE WORKERS, LOCAL
UNION #78, CIO, PETITIONER
SUNLAND PACKING HOUSE Co. and UNITED FRESH FRUIT & VEGETABLE
WORKERS, LOCAL UNION #78, CIO, PETITIONER. Cases Nos. 20-RC-
2310 and f0-RC-2320. September 3,1954
Supplemental Decision and Order
On August 31, 1953, the Board issued its Decision and Direction of
Election in the above two cases. Elections were duly held on Decem-
ber 11, 1953, during the peak of the Employers' packing season. In
each election the Petitioner received a majority of the valid votes cast.
The Employers thereafter filed objections to the conduct of these elec-
tions on two grounds : (1) That the Petitioner had threatened em-
ployees that if they did not join and vote for the Union, they would
not be permitted to work after the Union won, and (2) that the Peti-
tioner had restrained a free choice in voting by offering free member-
ship in the Petitioner specifically conditioned upon its success in the
election and certification.
On January 15, 1954, the Regional Director for the Twentieth
Region issued his reports on objections recommending that the Board
overrule the objections, to which report the Employers filed exceptions
on the grounds set out in their objections. The Board, on February
19, consolidated these two cases and ordered a hearing upon the issues
raised by the Employers. A hearing was duly held before Jerome
Smith, hearing officer, on April 29. On May 25, the hearing officer
issued his report on objections to elections, in which he found that the
evidence taken at the hearing did not support the first objection, but
did show that the conduct complained of in the second objection
occurred. The latter conduct, however, the hearing officer found unob-
jectionable, based upon his interpretation of the Board's decision in
The Gruen Watch Company, 108 NLRB 610. Accordingly, he recom-
mended overruling the objections and issuing certifications. To this
report the Employers have again excepted, this time abandoning their
first objection. Among the arguments advanced in support of their
objection to the free memberships offered by the Petitioner is their
contention that the aforesaid Gruen decision is inapplicable because
there the reduced rate membership was offered by the Union in ques-
tion "until further notice," or "before the election," while here it was
expressly operative only "after election and certification of shed,"
hence conditioned upon the Petitioner's winning the elections.
The testimony taken at the hearing shows that the following card
was widely distributed to employees before the election by the
Petitioner :
109 NLRB No. 173.
LOBUE BROS. 1183
UNITED FRESH FRUIT & VEGETABLE WORKERS
LOCAL INDUSTRIAL UNION No. 78-CIO
This is to certify that-----------------------------------
name
---------------------------------------------- employed
address
by ------------------------------------- at ------------
company city
is entitled to a membership book free of initiation fee after
election and certification of shed.
-------------------------- --------------------------
date issued representative
In addition, a few employees, before the election, apparently signed
these cards and in exchange were given membership books endorsed
with a "withdrawal" so that the recipient would be required to pay no
dues until working on a job where a union contract was in effect. It
is not clear whether these books would have been valid had the Union
failed to win. However, the exceptions are directed to the effect of the
quoted card.
We think there can be no question, on the specific wording of the
cards distributed, that the employees who received these cards were to
be given free memberships only if the Petitioner won the election and
was thereafter certified as bargaining representative. We therefore
conclude that the question presented here comes squarely within the
language of our Gruen decision indicating that a preelection offer of
reduced initiation fees is objectionable when the promised benefit is
"contingent on how the employees voted in the election or on the
results of the election." Accordingly, we find that the distribution by
the Petitioner of these cards as part of its preelection campaign inter-
fered with the conduct of the election. The Employers' exceptions
to the hearing officer's report have merit and we shall set aside the
elections and direct that new ones be held at the appropriate season
within the discretion of the Regional Director.
Order
IT IS HEREBY ORDERED that the elections held on December 11, 1953,
among the Employers' employees be, and they hereby are, set aside.;
and
IT IS FURTHER ORDERED that this proceeding be remanded to the
Regional Director of the Twentieth Region for the purpose of con-
ducting new elections at or near the peak of employment of the next
packing season following this decision and at such time as he believes
the circumstances permit a free choice of a bargaining representative.
CHAIRMAN FARMER took no part in the consideration of the above
Supplemental Decision and Order.