Ohmite Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 8, 1955

111 N.L.R.B. 888 (N.L.R.B. 1955)

888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
OHMITE MANUFACTURING COMPANY and DIE AND TOOL MAKERS LODGE
No. 113, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, PETI-
TIONER. Case No. 13-RC-4001. March 8, 1955
Supplemental Decision and Certification of Representatives
On November 3, 1954, pursuant to a Decision and Direction of Elec-
tion of the National Labor Relations Board dated October 7, 1954, an
election by secret ballot was conducted -under the direction and super-
vision of the Regional Director for the Thirteenth Region among the
employees of the Employer in the unit found appropriate by the Board.
Upon the conclusion of the election, the parties were furnished a tally
of ballots which showed that there were approximately 22 eligible
voters and that 13 valid ballots were cast for the Petitioner, 7 against,
and 2 were challenged.
On November 8, 1954, the Employer filed timely objections to the
'election, alleging in substance that on the night before the election the
Petitioner called a meeting of eligible voters at a local tavern which
was attended by one of its representatives and a number of voters; and
that the voters were "plied inordinately" with food and drink at the
expense of Petitioner, and promised wage increases and other benefits
if Petitioner won the election. On December 1, 1954, the Regional
Director issued and duly served upon the parties his report on objec-
tions, finding that Employer's objections failed to raise substantial
and material issues with respect to conduct affecting the results of the
election inasmuch as it did not appear that Petitioner had called the
meeting, that the voters were "plied inordinately" with food and drink,
or that promises of benefits were made contingent on the results of the
election; and recommending that the objections be overruled and that
certification of results of election be issued. Upon the basis of his in-
vestigation' the Regional Director found that there was a meeting 2
at the tavern the night before the election at which light refreshments
totalling $6 to $10 were paid for by Petitioner, and the Petitioner's
representative spoke to the voters concerning the advantages of a union
contract.
The Employer filed timely exceptions to the Regional Director's
report on objections, and moved to remand this matter to the Regional
Office for a hearing on the objections at which inquiry could be made
concerning the nature and character of the events which took place at
the tavern, the number of people present, and the amount of money
1 The Regional Office interviewed 10 employees , names of whom had been supplied by
the Employer , who had been present at the tavern meeting.
2 The Regional Director found further that , even assuming that the Union called the
meeting , such action by the Union would not per se be grounds for setting aside the election.
111 NLRB No. 148.
OHMITE MANUFACTURING COMPANY 889
spent. Such an inquiry, according to Employer, would provide the
basis for setting aside the election under the Peerless Plywood rule.'
Although Employer takes issue with the factual findings of the
Regional Director, it refers to no evidence in support of its version of
the facts or in controversion of the findings of the Regional Director.
It merely contents itself with the statement that proof at a hearing
would support its position. We consider this an insufficient basis for
conducting a hearing.4 Accordingly, we shall deny the request for a
hearing and shall adopt the Regional Director's findings of fact.
The burden of the Employer's exceptions is that to permit the giving
of off-the-premises dinners within a 24-hour period before the election,
although not on company time, vitiates the rule laid down in Peerless
Plywood. While that case is concerned only with conduct occurring
on company time, the Board stated, "This rule will not interfere with
the rights of unions or employers to circulate campaign literature on
or off the premises at any time prior to an election, nor will it prohibit
the use of any other campaign propaganda or media." [Emphasis
supplied.] We therefore find that the dinner did not constitute elec-
tion interference within the meaning of the Peerless Plywood rule.'
In addition to the foregoing, it further appearing that Petitioner's
statements to employees at the tavern fall within that category of cus-
tomary and legally unobjectionable preelection campaign propa-
ganda,' we find as did the Regional Director that the objections of
Employer concerning Petitioner's conduct fail to raise substantial and
material issues with respect to conduct affecting the results of the
election, and hereby overrule the Employer's objections.
As we find no merit in any of Employer's objections, and as Peti-
tioner secured a majority of the valid ballots cast, we shall certify
the Petitioner as the representative of the employees in the unit found
appropriate in the Board's Decision and Direction of Election.
[The Board certified Die and Tool Makers Lodge No. 113, Inter-
national Association of Machinists, AFL, as the designated collective-
bargaining representative of the employees of the Employer in the
unit found appropriate.]
a Peerless Plywood Company , 107 NLRB 427.
Cf. C. C. Anderson Stores Company, 104 NLRB 218, in which the employer failed to
point to specific evidence which would dispute the Regional Director 's finding in his re-
port on challenged ballots but requested a hearing for the purpose of developing a case to
support its assertion The Board found that the employer had not raised any substantial
and material issue , and adopted the Regional Director ' s recommendations
5 Cf Texas City Chemicals, Inc., 109 NLRB 115, in which an election was set aside where
employees attended a dinner given by the employer within 24 hours of the election, but
only because late shift employees were being paid for time not worked , and therefore, the
speech was on company time within the Peerless Plywood rule.
6 Cf. Shirlington Supermarket , Inc., 106 NLRB 666.