N. P. Nelson Iron Works, Inc.

National Labor Relations Board - Board Decisions

Aug 20, 1948

78 N.L.R.B. 1270 (N.L.R.B. 1948)

In the Matter of N. P. NELSON IRON WORKS, INC., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 2-RC-289.-Decided August 20, 1948
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On April 7, 1948, International Association of Machinists filed a
petition alleging that a question of representation existed concerning
the employees of the N. P. Nelson Iron Works, Inc. On April 27,
1948, the Petitioner, the Employer and the Regional Director entered
into a "Stipulation for Certification upon Consent Election." On May
11, 1948, an election by secret ballot was conducted among the em-
ployees in the stipulated unit, in accordance with the Stipulation and
the Rules and Regulations of the Board. Upon the conclusion of the
election, a Tally of Ballots was furnished the parties.
The Tally shows that there were 40 eligible voters, and that 44
votes were cast, of which 25 were for the Petitioner, 15 were against
the Petitioner, and 4 were challenged.
On May 14, 1948, the Employer filed with the Regional Director
Objections to the election. Thereafter on June 25, 1948, the Regional
Director issued and duly served upon the parties his Report on Ob-
jections, in which he recommended that the Employer's Objections
be overruled, and the Petitioner be certified. On July 2, 1948, the
Employer filed its Exceptions to the Report on Objections.
Upon the entire record in the case, the Board 1 makes the following
findings of fact :
1. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) and Section 2 (6) and (7) of the Act, as amended.
2. All production and maintenance employees, excluding office, cler-
ical, and professional employees, draftsmen, watchmen, guards, and
1 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three -man panel consisting of the undersigned
Board Members [ Houston, Murdock , and Gray].
78 N. L. R. B., No. 181.
1270
N. P. NELSON IRON WORKS, INC. 1271
supervisors constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
3. The Employer's objections do not raise material or substantial
issues with respect to the election for the following reasons :
The Employer contends in its objections that the following state-
ment circulated by the Petitioner constituted restraint and coercion of
its employees and prevented their exercise of a free choice at the
election :
To the Men of the Nelson Iron Works:
Today you will be given a chance to vote for a Union at the
Nelson Iron Works. The Government of these United States is
giving you its protection while you are voting. Nelson will not
know how you vote.
This is your one big chance to get what you are entitled to at
Nelson Iron Works. A vote for the Union will bring you these
things called job security and a living in wages.
The ten cents Nelson gave you in a hurry proves that he was
cheating you for a long time before the Union came around. His
other actions prove that he would like you to think he is a tough
guy. We mean firing Jacobs and De Wolff. When you hit some-
one who cannot hit back, that makes you a bully, and another
five letter word that is not printable.
We have the assurance of the men in Nelsons that they are going
to vote for the Union. Place an X in the Yes square today and
we guarantee to you that we will never let you down.
DAVID CLYDESDALE,
Grand Lodge Representative.
JOHN B. MACKENSIE,
Business Representative.
It is well established that preelection conduct will void an election
if it operates to restrain, coerce, or in any other manner to prevent,
the employees from exercising a free choice in the election of a bar-
gaining representative. In our opinion, the above statement had no
such effect. The statement falls within the category of preelection
propaganda used by unions in an organizational campaign. We cus-
tomarily leave to the good sense of the voter the task of appraising
such propaganda, and we refer to opposing parties the duty of cor-
recting inaccurate or untruthful statements by any of them.2 In view
of the foregoing, we shall reject the Employer's contention.
Accordingly, as the Tally shows that a majority of the valid votes
have been cast for the petitioner and the challenged ballots are insuf-
2 Matter of Carrollton Furniture Manufacturit Company, 75 N. L. R. B. 710.
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ficient in number to affect the results of the balloting, we shall certify
the Petitioner as the collective bargaining representative of the em-
ployees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Association of Machinists
has been designated and selected by a majority of the employees of
the above-named Employer, in the unit found by the Board to be ap-
propriate, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, as amended,
the said organization is the exclusive representative of all the em-
ployees of such unit for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.