Milton Oil Co.

National Labor Relations Board - Board Decisions

Mar 18, 1954

107 N.L.R.B. 1644 (N.L.R.B. 1954)

1644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tive that for contract-bar purposes it is incapable of being
cured by subsequent compliance. In that case, the contracting
union achieved compliance after the union-security agreement
was made and before the petition was filed. In the instant case,
although the Intervenor did not achieve compliance until after
the execution of the agreement and the filing of the petition, it
did before either of these events appropriately indicate its in-
tent to effect compliance and has done so. Under these circum-
stances, we believe that this case falls within the doctrine enun-
ciated in the New Idea and subsequent cases . We therefore find
that the Intervenor's compliance with Section 9 was timely,
and,that the current contract is a bar to a present determination
of representatives." We shall, therefore, grant the Intervenor's
motion to dismiss the petition.
[The Board dismissed the petition.]
Members Rodgers and Beeson took no part in the considera-
tion of the above Decision and Order.
7In view of our finding that the contract is a bar for reasons indicated above, it is un-
necessary to consider the Intervenor's other contentions relative to this issue.
MILTON OIL COMPANY and OFFICE EMPLOYEES INTER-
NATIONAL UNION, AFL, LOCAL 13, Petitioner . Case No.
14-RC-2434. March 18, 1954
DECISION, ORDER, AND DIRECTION OF ELECTION
On November 20, 1953, pursuant to a stipulation for certi-
fication upon consent election, an election by secret ballot
was held under the direction and supervision of the Regional
Director for the Fourteenth Region among employees in the
stipulated unit. The tally of ballots furnished the parties after
the election shows that, of approximately 20 eligible voters,
20 cast ballots, of which 8 were for, and 12 were against, the
Petitioner. On November 27, 1953, 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 of the matters
raised by the Petitioner's objections and, on January 14, 1954,
issued and duly served upon the parties his report on objec-
tions, in which he. recommended that a hearing on the objec-
tions be ordered. Thereafter, the Employer timely filed
exceptions to the report on objections.
On January 29, 1954, the Board, having duly considered the
report on objections and the exceptions thereto, issued an
107 NLRB No. 326.
MILTON OIL COMPANY 1645
order remanding the proceeding to the Regional Director for
investigation and the issuance of a supplemental report on the
Petitioner ' s third objection to the election in the light of the
Board's recent decision in Peerless Plywood Company.' Pur-
suant to this remand , the Regional Director caused a further
investigation to be made and issued a supplemental report in
which he recommended that the election of November 20,
1953, be set aside and that a new election be ordered. The
Employer excepted to this report and recommendation.
In its third objection to the election , the Petitioner alleged
that the day before the election the employees were assembled
on company time and property and were urged by the Em-
ployer' s president not to vote for the Petitioner . The Regional
Director found that at 4:30 p. m. on November 19, 1953, the
employees involved were assembled in the plant "kitchen"
where they were addressed by the Employer' s president con-
cerning the Union and the forthcoming election . The election
was scheduled for 11 a. m. the following day. Since the speech
was made less than 24 hours before the election , the Regional
Director found that the speech violated the rule of the Peerless
Plywood case, and he recommended that the election be set
aside.
The Employer excepted to this recommendation, contending
that the rule of the Peerless Plywood case should not be
applied to the instant election because it was held before that
rule was announced by the Board . We find no merit in this
contention .' As the Employer' s exceptions raise no substantial
or material issues , we will adopt the Regional Director's
recommendation and set aside the election.
[The Board set aside the election held on November 20,
1953.]
[Text of Direction of Election omitted from publication.]
Members Rodgers and Beeson took no part in the consider-
ation of the above Decision , Order, and Direction of Election.
1107 NLRB 427 In that decision the Board established the rule that election speeches
by employers or unions on company time to massed assemblies of employees within the
24-hour period before the scheduled time for conducting an election will be sufficient ground
for setting aside the election.
2 The Cross Company, 107 NLRB 1267, Banner Die Fixture Co., 107 NLRB 1332. The Em-
ployer also cites Cooper 's, Inc , 107 NLRB 979, as, in effect , overruling Peerless Plywood.
However, Cooper's, Inc. , held only that an employer ' s speech on company time and premises
to his assembled employees within 24 hours before an election did not constitute an unfair
labor practice. See Livingston Shirt Corporation . 107 NLRB 400, where the Board stated that
a violation of the 24-hour rule of the Peerless Plywood case would be treated only as ground
for setting aside an election and not as a violation of Section 8 (a) (1) of the act.
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