Northwest Engineering Corp.

National Labor Relations Board - Board Decisions

Sep 27, 1945

63 N.L.R.B. 1219 (N.L.R.B. 1945)

In the Matter of NORTHWEST ENGINEERING CORPORATION and UNITED
FARM EQUIPMENT AND METAL WORKERS OF AMERICA, CIO
Case No. 13-R-932
SUPPLEMENTAL DECISION
AND
ORDER SETTING ASIDE ELECTION
September 27,1945
On July 17, 1945, pursuant to the Decision and Direction of Election
issued by the Board on June 19, 1945,1 an election by secret ballot was
conducted under the direction and supervision of the Regional Director
for the Thirteenth Region (Chicago, Illinois). On July 17, 1945,
in accordance with the Rules and Regulations of the Board,2 a Tally
of Ballots was issued, and served upon the parties. The Tally shows
that of the approximately 715 eligible voters, 690 cast valid ballots, of
which 121 were for United Farm Equipment and Metal Workers of
America, CIO, herein called the CIO, 55 were for International Union,
United Automobile Workers of America, AFL, herein called the
UAW-AFL, and 514 were against said unions; 5 ballots were chal-
lenged and 1 was void.
On July 19, 1945, the UAW-AFL filed with the Regional Director
its objections to the election. Copies of said objections were not served
on any of the parties. On July 23, 1945, the CIO filed its objections
to the election with the Regional Director and served copies of said
objections upon the Company and the UAW-AFL .3 On August 28,
1945, following an investigation, the Regional Director issued a
Report on Objections to the election.
No exceptions were filed to the Report.
162 N. L. R. B. 555.
Series 3 , as amended.
The Company protested consideration of all objections , claiming that ( 1) it received
no copy of the objections filed by the UAW-AFL and, ( 2) the objections of the CIO were
not filed and served within the 5-day period required by Article III, Section 10 of the Rules
and Regulations . The election was conducted on Tuesday , July 17 , 1945. The CIO's
objections were filed with the Regional Director and received by the parties on Monday,
July 23, 1945. Since the fifth day was a Sunday the CIO's objections , filed and served on
the sixth day, were timely . Inasmuch as the CIO's objections include the UAW-AFL's
single objection , the Company was not prejudiced by its failure to receive a copy of the
UAW-AFL's objections. Accordingly , the Company ' s protest is overruled in its entirety.
63 N. L. R. B., No. 190.
662514-46-vol 63-78 1219
1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
The objections filed by the CIO and UAW-AFL relate principally
-to the distribution by the Company of a letter addressed to each of its
-employees. The Regional Director found that the letter, attached
hereto as Appendix A, was distributed by the Company to each of
-its employees on July 6, 1945. The following are excerpts from the
letter :
You will decide in this election whether you want to continue
your present rates of pay including the birthday bonus and the
matching fund, or whether you want to do away with the present
arrangements and be represented thereafter in fresh bargaining
either by an agent of the C. I. O. or by an agent of the A. F. of L.
The United States Supreme Court has recently decided that col-
lective bargaining starts fresh. We are advised by our -counsel
that your vote for collective bargaining is your own determination
that we should cancel our present arrangement with you as to (1)
base pay, (2) piece rates, (3) vacation pay, (4) 10 percent cost of
living payment, (5) the birthday bonus, and (6) the matching
accounts of the Employees fund. When you add these together
we know you receive better pay than prevails in this industry or
in this region, or for that matter practically any wage structures
in the United States where permanent employment exists.
Your vote for the C. I. 0. or the A. F. of L. is your own choice
to do away with your present rates and methods of compensation
including the 10 percent cost of living payment and the birthday
bonus, and also with the matching fund.
The Regional Director concluded that, by the distribution of the letter,
the Company coerced and intimidated its employees, and interfered
with the free exercise of their right to choose a bargaining agent.
We agree with the findings and conclusions of the Regional Director.
We shall therefore sustain the objections of the UAW-AFL and
the CIO, and we shall set aside the election held in this proceeding on
July 17, 1945. When the Regional Director shall advise us that the
time is appropriate, we shall direct that a new election be held among
the Company's employees.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby vacates and sets aside the election held in
this proceeding on July 17, 1945, and the results thereof.
NORTHWEST LNGINEERING CORPORATION 1221
APPENDIX A
NORTHWEST ENGINEERING CORPORATION,
Green Bay, Wisconsin, July 6, 194.5.
(Name and Address of Each Employee)
DEAR SIR: The National Labor Relations Board has ordered an
election which will be held on the parking lot across the street from
our main entrance on July 17th. Polls will be open from six o'clock
in the morning until six-thirty in the evening. Your vote will be
secret and you need never tell anyone how you have voted.
Your Company urges you to vote . If the election produces a
majority, you will be bound by the election whether you vote or not.
You are urged to vote . Please be sure to made your x cross within thei
square you choose so that your vote will be counted.
You will decide in this election whether you want to continue
your present rates of pay including the birthday bonus and the match-
ing fund, or whether you want to do away with the present arrange-
ments and be represented thereafter in fresh bargaining either by an
agent of the C. I. 0. or by an agent of the A. F. of L. The United
States Supreme Court has recently decided that collective bargaining
starts fresh . We are advised by our counsel that your vote for collec-
tive bargaining is your own determination that we should cancel our
present arrangements with you as to ( 1) base pay, (2 ) piece rates,
(3) vacation pay, (4 ) 10 percent costs of living payment , ( 5) the
birthday bonus , and (6 ) the matching accounts of the Employees
Fund. When you add these together we know you receive better pay
than prevails in this industry or in this region, or for that matter
practically any wage structures in the United States where permanent
employment exists.
How did the present wage structures develop ? The answer is that
it is the active result of the honesty, cooperation and industry of you
men coupled with an equally honest and cooperative employer.
Your vote for the C. I. 0. or the A . F. of L . is your own choice to do
away with your present rates and methods of compensation including
the 10 percent cost of living payment and the birthday bonus, and also
with the matching fund.
Provided you select the C. I. 0. or the A . F. of L. to represent you
under collective bargaining you ask them to start fresh and arrive
at a union contract . We understand that such a union contract may
compel you to belong to the union whether you want to or not. We
also understand that such a union contract may include the "check off"
under which the union dues are regularly deducted from your pay
whether you individually want them to be or not.
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
If you vote for collective bargaining by the C.. I. O. or by the
A. F. of L, the Union agents will then bargain with us on new rates,
of pay. It is our understanding that such new rates of pay will be
those prevailing in this industry and in this region and need be not
more than that. The Company knows that its present compensation
to you is more than the prevailing wages in this industry and in
this region. You must decide for yourself whether you want to.
continue as you are and receive your base pay and your piece rates
and your vacation pay and your 10 percent cost of living bonus and
your birthday bonus and your matching fund, or whether you want
to have a union contract at prevailing rates of pay in this city and
in this industry together with the compulsory union membership and.
compulsory union dues checked off from your pay check.
The Company very gladly cooperates in the holding of this elec-
tion. We want to know what your choice is to be. We want you to,
vote.
You have done patriotic work straight through the war and we
appreciate it. On our part, we have provided base pay and piece
rates and vacation pay and 10 percent cost of living bonus and the
birthday bonus and the matching fund. We know that the total of
these in your case is more than the prevailing wage scale which is
likely to result from any union contract. We know further that this.
company runs at a profit which enables us to stay in business and is
your best insurance for the continuance of your employment. You
have the right of choice in this election and we want you to vote.
.During the past several months many statements have been made
about the company which are not true statements. We do not want
to argue about such matters because you know what the truth is and
you are your own best judges as to whether you want to continue,
the present plan of compensation, which includes (1) base pay, (2)
piece rates, (3) vacation pay, (4) 10 percent cost of living payment,
(5) the birthday bonus, and (6) the matching fund. If you do not
like the present method of payment, you should know that it is your
legal right to vote for representation either by the C. I. 0.. or by the
A. F. of L. under which there may be a union contract at whatever
are the prevailing wage rates in this industry and community and
under which you may have compulsory union membership and the-
"check off." This election gives you the free chance to vote in secret
and as you please and the Company will be much interested in the
results of the vote.
Very truly yours,
NORTHWEST ENGINEERING CORPORATION,,
/S/ By L. W. HOUSTON, President.