Paragon Rubber Co.

National Labor Relations Board - Board Decisions

Jun 16, 1938

7 N.L.R.B. 965 (N.L.R.B. 1938)

In the Matter Of PARAGON RUBBER CO.-AMERICAN CHARACTER DOLL
COMPANY and Toy 3'L NOVELTY WORKERS ORGANIZING CO11IMITTEE OF
THE C. I. O.
Case No. R-571
Rubber Doll Manufacturing Industry-Prior Election : held null and void;
presence of high supervisory official as teller at election held inconsistent with
a free choice of representatives ; action of Board's representative in allowing high
supervisory official to act as teller , over objections of union, held prejudicial to
rights of union and employees-Election Ordered
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
June 16, 1938
On March 17, 1938, the National Labor Relations Board , herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled case. The Direction of Election provided that an elec-
tion by secret ballot be held within fifteen (15) days among all the
production and maintenance employees of Paragon Rubber Corpora-
tion and American Character Doll Co., Inc. during the pay-roll period
ending October 16, 1937, excluding supervisory employees, executive
employees, clerical employees, salesmen, foremen and foreladies, as-
sistant foremen and forel tdies, truck drivers, engineers, firemen,
machine shop employees and porters, and exclusive of those who have
quit or been discharged for cause between that period and the date of
election, to determine whether or not they desire to be represented
by United Toy and Novelty Workers Local Industrial Union No.,643
for the purposes of collective bargaining.
Pursuant to the Direction, an election by secret ballot was con-
ducted under the direction and supervision of the Regional Director
for the First Region (Boston, Massachusetts) on March 29, 1938. On
April 5, 1938, the said Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, issued and duly served upon the parties
his Intermediate Report on the ballot.
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965
966 NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results the Regional Director reported
the following :
Number of employees eligible to vote________________________ 156
Total number of ballots cast________________________________ 115
Total number of blank ballots______________________________ 0
Total number of void ballots_______________________________ 0
Total number of ballots cast for United Toy and Novelty Work-
ers Local Industrial Union No. 643________________________ 56
Total number of ballots cast against United Toy and Novelty
Workers Local Industrial Union No. 643__________________ 59
Total number of challenged ballots_ _________________________ 8
Thereafter, the Union duly filed with the Regional Office its ob-
jections to the Intermediate Report and requested that the election
be set aside and declared null and void. The objections allege, in
substance, that M. Jaffee, factory manager of the companies, having
the right to hire and fire employees, was allowed to act as teller at
the election in spite of objection by the Union; that the said Jaffee
engaged in activities against the Union, such as instructing drivers
of company-driven automobiles to carry to the poll workers known
to be antiunion and conversing with employees as they entered the
voting booth; that the companies just prior to the election furnished
an employee with a list of the names and addresses of all employees
and caused him to send a letter urging the defeat of the Union and
indicating that only those voting against the Union could return to•
work. A copy of the alleged letter was attached to the objections.
We find that the presence as a teller at the election of a high
supervisory official such as Jaffee is inconsistent with a free choice
of representatives and that the action of the Board's representatives
in allowing Jaffee, over the objections of the Union, to act as teller
was prejudicial to the rights of the Union and the employees. We
therefore declare the election of March 29, 1938, to be null and void
and shall direct that a new election be held.
In view of the above finding, it will not be necessary to investi-
gate or make any determination relative to the other objections filed
by the Union.
SECOND DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in. the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
DECISIONS AND ORDERS 967
ing with Paragon Rubber Corporation and American Character
Doll Co., Inc., Easthampton, Massachusetts, a new election by secret
ballot be conducted within fifteen (15) days from, the date of this
Direction, under the direction and supervision of the Regional Di-
rector for the First Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among all the production and
maintenance employees of Paragon Rubber Corporation and Ameri-
can Character Doll Co., Inc. during the pay-roll period ending
October 16, 1937, excluding supervisory employees, executive em-
ployees, clerical employees, salesmen, foremen and foreladies, assist-
ant foremen and foreladies, truck drivers, engineers, firemen, ma-
chine shop employees and porters, and exclusive of those who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by United Toy and Novelty Workers
Local Industrial Union No. 643 for the purposes of collective bar-
gaining.
[SAME TITLE]
AMENDMENT TO SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
June 30, 1938
On March 17, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case. The Direction of Election provided that an
election by secret ballot be held within fifteen (15) days among all
the production and maintenance employees of the Paragon Rubber
Corporation and American Character Doll Co., Inc., excepting cer-
tain employees as set forth therein, to determine whether or not they
desired to be represented by United Toy and Novelty Workers Local
Industrial Union No. 643, for the purposes of collective bargaining.
Pursuant to the Direction, an election by secret ballot was con-
ducted on March 29, 1938, under the direction and supervision of
the Regional Director for the First Region (Boston, Massachusetts).
On April 5, 1938, the said Regional Director issued and duly served
upon the parties his Intermediate Report on the ballot. Thereafter,
the Union filed objections to the Intermediate Report and requested
that the election be set aside and declared null and void. The ob-
jections alleged that M. Jaffee, a factory manager of the companies,
having the power to hire and discharge employees, was allowed to act
as teller at the election in spite of objection by the Union; and that
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968 NATIONAL LABOR RELATIONS BOARD
the companies had by various means interfered with a free choice of
representatives.
On June 16, 1938, the Board issued a Supplemental Decision and
Second Direction of Election in which it declared the election of
March 29, 1938, to be null and void and in which it directed that a
new election be held within fifteen (15) days. The Board found that
the presence as a teller, at the election'of a high supervisory official
such as Jaffee was inconsistent with the free choice of representatives,
and that the action of the Board's representatives in allowing Jaffee,
over the objections of the Union, to act as teller was prejudicial to the
rights of the Union and the employees. Under the circumstances,
the Board deemed it not necessary to investigate or make any de-
termination relative to the other objections filed by the Union.
On June 24, 1938, the Union requested that the second election
be postponed, alleging in part that the Union had been "prejudiced
by intimidation and coercion exercised by the companies against their
employees on the basis of the last election returns and it will take at
least a period of three weeks for the effects of such intimidation and
coercion by the companies to disappear."
Under all the circumstances, the Board is of the opinion that the
second election should be postponed indefinitely pending an investi-
gation and determination by it as to whether or not a free choice of
representatives is possible at this time among the employees of the
companies.
The Board hereby amends the Supplemental Decision and Second
Direction of Election of June 16, 1938, by striking therefrom the
words "within fifteen (15) days from the date of this Direction"
and substituting therefor the words "at such time as the Board in
the future may direct."