P. R. Mallory & Co., Inc.

National Labor Relations Board - Board Decisions

Dec 5, 1966

161 N.L.R.B. 1510 (N.L.R.B. 1966)

1510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mallory Capacitor Company, a Division of P. R. Mallory & Co,
Inc. and International Union of Electrical , Radio and Machine
Workers, AFL-CIO, Petitioner. Case 9-RC-6736 December 5,
1966
DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
Pursuant to the provisions of a Stipulation for Certification upon
Consent Election, approved April 5, 1966, an election by secret ballot
was conducted May 11, 1966, under the direction and supervision of
the Regional Director for Region 9, in the unit which was stipulated
to be appropriate, to determine whether or not the employees therein
desired to be represented by the Petitioner for purposes of collective
bargaining Thereafter, the parties were furnished with a tally of
ballots showing that 495 of approximately 551 eligible voters cast
ballots, of which 253 were for the Petitioner, 239 were against, and
3 were challenged The challenged ballots were insufficient to affect
the results of the election
On May 17, 1966, the Employer filed timely objections to conduct
of the election and conduct affecting the results of the election, herein
referred to as objections The Regional Director investigated the
objections and, on July 13, 1966, duly served on the parties a
report on objections in which he recommended that the objections be
overruled and that an appropriate Certification of Representative be
issued The Employer has filed timely exceptions to the Regional
Director's report and a supporting brief
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Members Fanning, Brown, and Jenkins]
Upon the entire record in this case, the Board finds
1 The Employer is engaged in commerce within the meaning of
the Act and it will effectuate the purposes of the Act to assert juris-
diction herein
2 The Petitioner is a labor organization claiming to represent cer-
tain employees of the Employer
3 A question affecting commerce exists concerning the representa-
tion of the employees of the Employer within the meaning of Sec-
tion 9 (c) (1) and Section 2(6) and (7) of the Act
4 The parties stipulated, and we find, that the following employees
constitute a unit appropriate for the purposes of collective bargain-
mg within the meaning of Section 9 (b) of the Act
All production and maintenance employees of the Employer
employed at its Glasgow, Kentucky, plant, including truckdrivers,
161 NLRB No 127
MALLORY CAPACITOR CO . 1511
inspectors, shipping and receiving clerks, but excluding all office
clerical employees and guards, wage-rate men, timekeepers, and all
other salaried-employees and professional and technical employees, and
supervisors, as defined in the Act.
5. The Board has considered the Employer's objections, the
Regional Director's report and recommendations, and the exceptions
thereto.
In its exceptions, the Employer contends, inter alia, that the
Regional Director erred in overruling that part of objection 3 alleg-
ing that the Petitioner interfered with the employees' free choice of
a representative by distributing to the employees a few days before
the election a document containing an altered reproduction of a com-
plaint that had been issued by the Regional Director. We find merit
in this contention.' The pertinent facts are as follows :
On April 29, 1966, the Regional Director issued a complaint and
notice of hearing in Case 9-CA-3869 alleging violations of Section
8(a) (1) and (3) of the Act. On May 4, the Petitioner distributed a
document to the employees which was prepared by a photographic
process, containing in part an altered reproduction of the complaint.
The alteration consisted of cutting out parts of the complaint and
reconstructing the remaining parts so as to produce a document con-
sisting primarily of the alleged unlawful conduct and the conclu-
sionary allegation that they constituted violations of the Act. Deleted
from the document were portions which indicated it was not a final
judgment of the Board, which gave notice that the Employer would
have the right to appear in person or otherwise, and give testimony.
The signature of the Regional Director was included in the altered
document. Added to the document, and appearing at the top of the
first page, was a picture of Uncle Sam pointing a finger and, in large
printing, the words "Uncle Sam Says `Mallory Bosses Guilty.' " The
document also included a copy of a letter entitled "An Open Letter
To : Mr. Ruggles, Plant Manager." The penultimate paragraph of
said letter reads as follows : "Mr. Ruggles you are only trying to get
us to vote against ourselves. Why don't you start being honest with
your employees and respect our intelligence. For you have already
been found guilty by the United States Government for your con-
duct in the election."
We do not agree with the Regional Director's conclusion that the
circulated document did not interfere with a fair election. The Board
is necessarily concerned with the protection of its procedures
designed to provide fair elections. It particularly looks with disfavor
In view of our determination herein , we find it unnecessary to pass upon the Regional
Director 's findings with respect to objections 1 and 2, and the issues raised by the Em-
ployer's exceptions thereto.
1512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon any attempt to misuse its processes to secure partisan advan-
tage.2 And, plainly, we cannot sanction the reproduction of a Board
document which is altered for campaign purposes and used under
circumstances where it is reasonably calculated to mislead employees
into believing that the Board has judged the Employer to have vio-
lated Federal law whereas , in truth, it has only made allegations
which have yet to be proved. We shall set aside the election and order
a new one.
[The Board set aside the election.]
[The Direction of Second Election 3 omitted from publication.]
3 Allied Electric Products, Inc ., 109 NLRB 1270 , 1271 , 1272.
3 An election eligibility list , containing the names and addresses of all the eligible voters,
must be filed by the Employer with the Regional Director for Region 9 within 7 days after
the date of issuance of the Notice of Second Election by the Regional Director. The
Regional Director shall make the list available to all parties to the election . No extension
of time to file this list shall be granted by the Regional Director except in extraordinary
circumstances . Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed. Excelsior Underwear Inc., 156 NLRB 1236.
Blade-Tribune Publishing Company and San Diego Typographi-
cal Union, Local 221, International Typographical Union,
AFL-CIO. Case 21-CA-6808. December 6, 1966
DECISION AND ORDER
On July 18, 1966, Trial Examiner Abraham H. Mailer issued his
Decision in the above-entitled proceeding, finding that Respondent
had engaged in certain unfair labor practices, and recommending
that it cease and desist therefrom and take certain affirmative action,
as set forth in the attached Trial Examiner's Decision. Thereafter,
both the Respondent and the General Counsel filed exceptions to the
'Trial Examiner's Decision and supporting briefs.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Brown and Zagoria].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Trial
Examiner's Decision, the exceptions, the briefs, and the entire record
in this case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner, with the following modification.
161 NLRB No. 137.