Rowe Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 3, 1943

51 N.L.R.B. 63 (N.L.R.B. 1943)

In the Matter of ROWE MANUFACTURING COMPANY and LOCAL UNION
No. 1692, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF
AMERICA, AFFILIATED WITH THE A. F. of L.
Case No. R-5153
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 3, 1943
On May 5, 1943, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding.'
On May 12, 1943, Rowe Manufacturing Company, herein called the
Company, filed a petition for a rehearing together with objections to
the holding of an election until after its petition was acted upon by
the Board. On May 18, 1943, the Board denied this petition. Pur-
suant to the Direction of Election, an election by secret ballot was
conducted on- May-25, 1943, under the direction and supervision of
the Regional Director for the Thirteenth Region. On May 26, 1943,
the Regional Director acting pursuant to Article III, Section 10, of
National Labor Relations Board Rules and Regulations- Series 2, as
amended, issued and duly served upon the parties an Election Report.
As to the balloting and its results , the Regional Director reported
as follows :
Approximate number of eligible voters ------ --------------- 235
Total ballots cast------------------------------------------- 218
Total ballots challenged------------------------------------- 2
Total void ballots------------------------------------------- 1
Total valid votes counted----------------------------------- 215
Votes cast for Local Union No. 1652, United Brotherhood of
Carpenters and Joiners of America , affiliated with the A.
F.°of L--------------------------------------------------- 134
Votes cast against Local Union No. 1692, United Brotherhood
of Carpenters and Joiners of America, affiliated with the A.
F. of L--------------------------------------------------- 81
Thereafter the Company filed Objections to said Election Report.
The Objections contain 12 numbered specifications. Of these, the
first 9 are addressed to the Decision and Direction of Elections and
149 N. L R . B. 472.
51 N. L. R. B., No. 17.
63
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not to the conduct of the ballot or the Election Report. The tenth
specification alleges that the Board failed to post notices prohibiting
the solicitation of votes and election compaigning upon the premises
of the Company. The eleventh specification alleges that certain un-
named employees while on company time and premises solicited votes
and otherwise campaigned for the Union both prior to and at the time
of the election, and that certain eligible voters, as a result of intimi-
dation and coercion practiced upon them by unnamed persons, re-
frained from voting against the Union. The twelfth specification
merely contains a request for a hearing upon the objections.
On June 18, 1943, the Regional Director, acting pursuant to Article
III, Section 10, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued a Report on Objections.2 in which
he found that the matters complained of in each of the objections raised
no substantial or material issue regarding the conduct of the ballot or
the Election Report. With respect to the tenth specification of the
Company's objections the Regional Director reported that on May 19,
1943, there was forwarded to the Company for posting election notices
bearing the following language : "Electioneering will not be permitted
at or near the polling place"; that the Field Examiner conducting the
election warned both the Company and the Union against such elec-
tioneering; and that although requested by the Field Examiner to
report any violations of this prohibition, no complaint was made by
the Company at any time during the election. With respect to the
eleventh specification of the Company's objections, the Regional Direc-
tor reported that, although requested by the Field Examiner assigned
to the case to do so, the Company refused to produce witnesses or fur-
nish any evidence in support of its allegation, stating that it, would do
so only if a formal hearing was held on the Objections.
We have considered the Objections and the Report on Objections.
As already noted, the first nine specifications contained in the Objec-
tions allege no irregularity in the conduct of the ballot or in the Elec-
tion Report, and, therefore, are not properly raised at this time.
Moreover, these objections in substance were urged by the Company
in its briefs submitted prior to our Decision and Direction of Election
and in its motion for a rehearing, and, after due consideration by us,
were decided adversely to the Company.
We do not find any merit to the contention of the Company that
there was impropriety in the failure of the Board to post a notice pro-
hibiting solicitation or campaigning on the company premises gener-
ally. As noted in the Regional Director's Report,'the Board did make
provision for the posting of notices prohibiting electioneering "at or
2 On June 24, 1943, the Company filed exceptions to the Report on Objections which the
Board has considered.
ROWE MANUFACTURING COMPANY 65
near the polling places." There is no allegation in the Company's
pleading that this rule was violated, and, as reported by the Regional
Director, no complaints of any such violation were made by the Com-
pany at any time during the election. We are not persuaded that elec-
tioneering conducted on company time and premises, but away from
the neighborhood of the polls, creates an impediment to the fair con-
duct of an election which is held by secret ballot and is subject to the
scrutiny of interested parties.'
Under Article III, Section 10, of the Board's Rules and Regula-
tions-Series 2, as amended, a hearing is provided on objections to an
election 'report only where it appears, after due investigation by the
agent conducting the ballot, that the objections raise substantial and
material issues. In view of the refusal of the Company, upon request,
to submit to the Board's agent substantiating proof in support of its
allegations of union interference with the conduct of the ballot, we
do not have any evidence before us to support a conclusion that the
Company's objections charging such interference raise substantial and
material issues which would warrant the Board in ordering a hearing
thereon.4 Moreover, with respect to the allegation that certain eligible
voters were induced by means of intimidation to refrain from voting,
the Election Report shows that out of 235 eligible voters, only 17
employees failed to vote. Had all 17 voted against the Union their
votes,.would not have changed the results of the election.
For the foregoing reasons we concur with the conclusion of the
Regional Director that the Company's Objections do not raise substan-
tial or material issues with respect to the Report on Ordered Election
dated May 26, 1943, and accordingly hereby overrule said Objections.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT Is EERrBY CERTIFIED that Local Union No. 1692, United Brother-
hood of Carpenters and Joiners of America, affiliated with the A. F.
of L., has been designated and selected by a majority of all employees
of the Rowe Manufacturing Company at Galesburg, Illinois, includ-
ing the employees named in Appendix A of the Decision and Direction
of Election in this proceeding, but excluding executives, superintend-
ents, office clerical employees, guards who are sworn into the Auxiliary
Military Police, and the employees named in Appendix B of the Deci-
' Cf. Matter of National Sugar Refining Company of New Jersey , 4 N. L R. B 276, 279.
Cf. Matter of Thompson Products , Inc., 43 N. L. R B 1379.
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sion and Direction of Election in this proceeding, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the Act, Local Union No. 1692, United Brotherhood
of Carpenters and Joiners of America, affiliated with the A. F. of L.,
is the exclusive representative of all such employees for the purpose
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.