Pyramid Mouldings, Inc.

National Labor Relations Board - Board Decisions

Sep 8, 1958

121 N.L.R.B. 788 (N.L.R.B. 1958)

788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
PA PENDIX B
1 Theresa Cannon 8 Gentry Scroggs
2. Laura Frost 9 Bozie Shine
3 Helen Hallen 10 Cordelia Smith
4 Hettie Herman 11. August Thomas
5 Ennis Martin 12. Herman Thomas
6 Mary Minis 13 Ti he Zelechower
7 Frankye Mooney
Pyramid Mouldings, Inc. and United Steelworkers of Amerih€,,
AFL-CIO, Petitioner. Case No. 13-RC-5915 September 8, 1958
DECISION, ORDER, AND DIRECTION OF SECOND
ELECTION
On April 19, 1058, pursuant to a stipulation for certification upon
consent election, an election was conducted under the direction and
supervision of the Regional Director for the Thirteenth Region
among the employees in the agreed-upon unit Following the elec-
tion, the Regional Director served upon the parties a tally of ballots
which showed that of approximately 159 eligible voters, 152 cast
ballots, of which 3 were for the Intervenor, the International Union,
United Industrial Workers of America, 62 were for the Petitioner,
the United Steelworkers of America, AFL-CIO, and 87 were for no
labor organization Three ballots were challenged, which are not
sufficient in number to affect the results of the election
On April. 21, 1958, the Petitioner filed timely objections to conduct
affecting the results of the election After an investigation, the
Regional Director, on July 18, 1958, issued and duly served upon the
parties his report on-objections, a copy of which is attached hereto 1
The Regional Director found that the Petitioner's objection No 1 had
merit, and recommended therefore that the election be set aside, and a
new election conducted He found that the Petitioner's objection No
2 lacked merit, and recommended that it be overruled The Employer
filed timely exception to the Regional Director's report regarding
objection No I
Upon the entire record in the case, the Board finds
1 The Employer is engaged in commerce within the meaning of
the Act
2 The labor organizations involved claim to represent certain
employees of the Employer
i The report on objections sets forth in full the alleged objections
121 NLRB No 105
PYRAMID MOULDINGS, INC. 789
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the mean of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. All production and maintenance employees at the Employer's
Chicago, Illinois, plant, including hourly paid plant clerical em-
ployees and group leaders, but excluding draftsmen, office clerical
employees, salesmen, watchmen, guards, professional employees, and
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.,
The Board has considered the Petitioner's objections, the Regional
Director's report, and the Employer's exceptions thereto, and hereby
adopts the findings and recommendations of the Regional Director.
Accordingly, we shall set aside the election and direct a new election.
[The Board set aside the election.]
[Text of Direction of Second Election omitted from publication.]
CI-IAIRMAN LEEDOM took no part in the consideration of the above
Decision, Order, and Direction of Second Election.
REPORT ON OBJECTIONS
Pursuant to a stipulation for certification upon consent election executed on April
1, 1958, an election by secret ballot was conducted under the direction and super-
vision of the Acting Regional Director for the Thirteenth Region of the National
Labor Relations Board on April 18, 1958 . The results of the balloting were as
follows:
Approximate number of eligible voters_ _________________________________ 159
Void ballots-------------------------------------------------------- 0
Votes cast for International Union, United Industrial Workers of America___- 3
Votes cast for United Steelworkers of America, AFL-CIO ------------------ 62
Votes cast against participating labor organizations________________________ 87
Valid votes counted-------------------------------------------------- 152
Challenged ballots--------------------- ------------------------------ 3
Valid votes counted plus challenged ballots------------------------------- 155
Challenges are not sufficient in number to affect the results of the election.
A majority of the valid votes counted plus challenged ballots has not been cast
for either participating labor organization.
Timely objections to the conduct of the election were filed by the United Steel-
workers of America, AFL-CIO, hereinafter referred to as the Petitioner , on April
21, 1958, and copies thereof were duly served upon the Company and upon the
International Union, United Industrial Workers of America, hereinafter referred to
as the Intervenor.
Pursuant to Section 102.69 of the National Labor Relations Board Rules and
Regulations , Series 7, the Acting Regional Director, after reasonable notice to all
parties to present relevant evidence , has completed the investigation of the objections,
has reviewed all statements made by witnesses , and carefully considered all other evi-
dence submitted by the parties , and hereby issues his report thereon:
• The objections allege as follows:
1. Posting by the Company in the plant , before and on election day, of replicas
of the official sample ballot , marked with an "X" in the "Neither" box.
2. Interrogation of individual employees , on and before election day, by company
officials, as implied threats.
The Acting Regional Director reports as follows:
1. Investigation of objection No. 1 shows that the Company, 3 days prior to the
election, posted 4 large cardboard placards , measuring 28 by 22 inches , throughout
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the plant . On each placard appeared an exact replica of the "Official Sample Ballot,"
measuring however 12 by 18 inches , and containing a large "X," in red ink, in the
"Neither" box . Above the words "Official Sample Ballot " appeared in large letters
the words "Vote down the middle." Below the words "Official Sample Ballot"
appeared in large letters the words "Vote Neither."
One such placard was hung in the rolling department , one in the bending and
press departments time stand , one in the shipping and buffing departments time
stand , and one above the coffee stand . All were hung high enough to be clearly
visible to anyone in the area. All four placards stayed up until after the election.
In Allied Electric Products, Inc., 109 NLRB 1270, the Board forbade the reproduc-
tion and distribution of any document purporting to be a copy of the Board 's official
secret ballot , which has been altered for campaign purposes, stating that this neces-
sarily tends to suggest that the material appearing thereon was set aside on that basis.
In the instant case the reproduction of the "Official Sample Ballot," with the
"X" in the "Neither" box, was on four large placards which were posted in clear
view of all voters . Although there was no physical distribution of these reproduc-
tions, but simply an exhibition thereof, it would nevertheless appear that the basic
objection mentioned in Allied Electric remains, namely that this reproduction neces-
sarily tends to suggest that the material appearing thereon bears the Board 's approval.
Accordingly the Acting Regional Director recommends that objection No. 1 be
sustained.
2. Investigation of objection No. 2 shows that the plant superintendent , during
the 2 weeks prior to the election , spoke individually to about 30 employees out of
159 in the unit , at their work stations in the plant . There is no evidence that his
remarks were coercive . He told them that he did not see why the Company needed
a union, and he pointed out to them the benefits they were already receiving , without
any third party being involved . One affiant states that the plant superintendent
asked him how he felt about the union , and another affiant states the assistant night
superintendent also asked him this. Both superintendents deny asking this and
state they stressed only the benefits already being received by the employees without
a union.
Under the principles set forth by the Board in Mall Tool Company , 112-NLRB
1313, and Schick , Incorporated , 118 NLRB 1160 , the conduct of the plant superin-
tendent and assistant night superintendent herein would not appear to justify setting
the election aside.
In Mall Tool Company, supra, the Employer interviewed about half of his em-
ployees individually, and made noncoercive remarks to them . The Board stated
therein that the Employer 's technique of talking to the employees individually did
not per se justify setting the election aside, and asserted that , absent unusual cir-
cumstances , both employer and unions are entitled to talk to employees , individually
or in groups.
In Schick , Incorporated, supra, the Employer 's foreman conducted individual talks
with almost all of the 700 employees in the unit , at their work stations , during work-
ing hours , for the purpose of urging them to reject the union . The Board held this
did not warrant setting the election aside.
Accordingly the Acting Regional Director recommends that objection No. 2 be
overruled.
On the basis of the foregoing , the Acting Regional Director recommends that
objection No. 1 be sustained , that the election herein be set aside , and that a new
election be conducted.
Virco Mfg. Corporation and Local 976, Allied Industrial Workers
of America , AFL-CIO, Petitioner. Case No. f1-RC-5093. Sep-
tember 8, 1958
SUPPLEMENTAL DECISION AND ORDER
Pursuant to a Decision and Direction of Election 1 issued by the
Board on March 21, 1958, an election by secret ballot was conducted
on April 11, 1958, under the direction and supervision of the Regional
1 Unpublished.
121 NLRB No. 103.