Rock Hill Printing & Finishing Co.

National Labor Relations Board - Board Decisions

Oct 31, 1955

114 N.L.R.B. 836 (N.L.R.B. 1955)

`836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All production and maintenance employees at the Employer's
Kuwili "main" and lime plants, its Kalihi clay products and acetylene
plants, and at its Waianae quarry, excluding office clerical employees,
guards, watchmen, professional employees, stationary engineers, and
other supervisory employees as defined in the Act.
[Text of Direction of Election 4 omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Direction of Election.
7 On July 18 , 1955, after the hearing herein and while this case was pending before the
'Board, the Petitioner filed formal charges alleging that the Employer had committed
unfair labor practices in violation of section 8 (a) (1), (3 ), and (5 ) of the Act . There-
-after, on or about August 18, 1955, the Regional Director and the Employer , without the
participation of the Petitioner , entered into a settlement agreement and the unfair labor
-practice charges were , accordingly , dismissed . The Petitioner 's appeal from the settlement
agreement was denied by the General Counsel olT October 4 , 1955. The election herein
shall not be conducted until after compliance with the settlement agreement , unless the
'etitioner otherwise agrees.
Rock Hill Printing & Finishing Co. and International Brother-
hood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, Local Union 71, AFL, Petitioner. Case No. 11RC-771.
October 31,1955
DECISION, ORDER, AND DIRECTION OF SECOND
ELECTION
Pursuant to a stipulation for certification upon consent election,
executed July 27, 1955, a secret ballot election was held under the
supervision of the, Regional Director for the Eleventh Region on
July 28,1955, among employees in the stipulated unit. Following the
,,election, a tally of ballots was furnished the parties. The tally shows
that of the 12 valid votes cast in the election, 5 were for, and 7 were
against the Petitioner.
On July 29, 1955, the Petitioner filed timely objections to conduct
affecting the results of the election. The Regional Director investi-
gated the objections and, on August 24, 1955, issued and duly served
upon the parties a report on objections in which he recommended that
the election be set aside. The Employer filed timely exceptions to
the report on objections.
The Board has considered the report on objections, the Employer's
exceptions, and the entire record in this case, and finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner is a labor organization claiming to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
114 NLRB No. 131.
ROCK HILL PRINTING & FINISHING CO. 837
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act: All truckdrivers and garage men em-
ployed at the Employer 's Rock Hill , South Carolina , plant, excluding
all other employees and supervisors as defined in the act.
5. The Employer 's exceptions relate only to the Regional Director's
conclusion that the conduct objected to warrants setting aside the
election , and do not dispute the factual findings made by him. For
the reasons hereinafter stated, we agree with the Regional Director.
The Regional Director found that the Employer 's vice president and
general manager spoke to assembled employees between 5: 30 p. in.,
.and 6 p . m. on July 27 , 1955, the day before the election. The speech
lasted only a few minutes , and the speaker stated, among other things,
that while he hoped the employees would vote against the Petitioner,
they were free to vote as they wished without fear of reprisal by the
Employer . Of the 12 employees eligible to vote in the election, 10
were present at the speech . The employees were notified of the
meeting by their foreman or the maintenance foreman when they re-
ported back to the garage after their daily trips on July 27. It was
customary for employees at the end of their trips to prepare for the
next day's runs, and after finishing those duties they might request
permission to leave for the day . Their pay , however , covered the period
until 6 p. in. each day, and unless granted permission to leave, they
were on duty until 6 p. in. On these facts the Regional Director found
that the speech concerning the coming election was made to assembled
employees , on company time, and within the 24-hour period preceding
the election and thus contravened the Board 's rule announced in the
Peerless Plywood case.' For this reason he recommended that the
election be set aside.
The Employer, in its exceptions to the Regional Director 's report
on objections , asserts that on numerous occasions management repre-
sentatives visited the garage and talked to the employees , that on the
evening of July 27, 1955 , there was no formal meeting, but that such
,discussion was informal and routine , and that employees had com-
pleted their work and were free to request permission to leave the
garage if they so desired . It urges , also, that the remarks made were
generally as related by the Regional Director-that the election would
be held the next morning and while the speaker hoped that they would
vote against the Petitioner , they were free to vote as they wished with-
out fear of reprisals or discrimination ; that the rumor that drivers
might be replaced with white drivers was untrue, and that another
rumor that the Employer might dispose of the trucking division con-
•cerned a matter which had been under consideration for several years
and had nothing to do with the coming election-and further that
1107 NLRB 427.
838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they were nonpartisan remarks and contained no threat of reprisal or
promise of benefit. To deny the Employer the right to speak to its
employees, under these circumstances, the Employer contends, would
be a denial of the right of free speech.
We cannot agree with the Employer's contentions. The speech here
of an important management representative made during time con-
trolled and paid for by the Employer at a nonroutine meeting of em-
ployees assembled by supervisory announcement cannot be considered
in the nature of informal remarks to scattered groups of employees
or remarks made during employees' free time as the Employer seems
to urge. Nor can the remarks made be described as nonpartisan when
the Employer clearly expressed its preference for a no-union vote.-
Moreover, the Board has held that "Violation of the Peerless Plywood
rule, as in the case of improper electioneering . . . constitutes ground
for setting aside an election, entirely apart from the considerations
which accompany findings of specific interferences with an elec-
tion.... It is sufficient that Peerless Plywood speeches tend to pre-
vent a free election; the actual effect upon the voters in any case-even
if it could be measured-is not material...." 2 Accordingly, we agree
with the Regional Director that the Employer by its speech of July 27,
violated the proscription of the Peerless Plywood rule.' We shall
therefore set aside the July 28, 1955, election and direct a new election.
[The Board set aside the election held on July 28, 1955.]
[Text of Direction of Election omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision, Order, and Direction of Second Election.
2 The Great Atlantic h Pacific Tea Company, 111 NLRB 623.
8 See Fuller Ford, Inc., 113 NLRB 169 ; Rroblet Welding and Mfg. Corp., 112 NLRB 712.
H. E. Stoudt & Son, Inc. and Paul C . Seng and Local 36, Inter-
national Association of Bridge, Structural & Ornamental
Ironworkers , AFL, Party to an agreement
Weisker, Piper & French , Inc. and Paul C. Seng and Local 36,
International Association of Bridge , Structural & Ornamental
Ironworkers, AFL, Party to an agreement
Local 36, International Association of Bridge , Structural & Or-
namental Ironworkers , AFL, and Robert L. Schwartz, Business
Agent and Paul S. Seng and H. E. Stoudt & Son, Inc., and
Weisker, Piper & French, Inc., Parties to an agreement. Cases
Nos.. -CA-11P2, 4.-CA-1123, and 4-CB-233. November 1, 1955
DECISION AND ORDER
On May 16, 1955, Trial Examiner Eugene F. Frey issued his Inter-
mediate Report in the above-entitled consolidated proceeding, finding
114 NLRB No. 130.