Sab Harmon Industries

National Labor Relations Board - Board Decisions

Sep 30, 1980

252 N.L.R.B. 953 (N.L.R.B. 1980)

SAI HARM()N INDUSTRIES
Sab Harmon Industries, Inc. and Communication
Workers of America, AFL-CIO, Petitioner.
Case 17-RC-9033
September 30, 1980
DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENEI.IO
Pursuant to a Stipulation for Certification Upon
Consent Election approved by the Regional Direc-
tor for Region 17 on May 21, 1980, an election by
secret ballot was conducted on June 12, 1980,
under his direction and supervision among the em-
ployees in the appropriate unit. At the conclusion
of the election, the parties were furnished with a
tally of ballots which showed that there were ap-
proximately 324 eligible voters and that 314 ballots
were cast, of which 90 were for Petitioner, 186
were against, and 38 were challenged. The chal-
lenged ballots are not sufficient in number to affect
the results of the election. Thereafter, the Petition-
er timely filed objections to the election.
Pursuant to Section 102.69 of the National Labor
Relations Board's Rules and Regulations, Series 8,
as amended, the Regional Director conducted an
investigation and, on July 23, 1980, issued and duly
served on the parties his Report on Objections. He
recommended that Petitioner's Objections 1, 3, 4, 5,
6, and 7, and certain unnumbered objections be
overruled, but, as alleged in Petitioner's Objection
2, found that the Employer's showing of the film
entitled "The Springfield Gun" to its employees
prior to the election was objectionable conduct and
recommended that the election be set aside and a
second election conducted. Thereafter, the Em-
ployer timely filed exceptions to the Regional Di-
rector's report.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
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 jurisdiction herein.
2. The labor organization involved claims to rep-
resent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of employees of the Employ-
er within the meaning of Sections 9(c)(1) and 2(6)
and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees of the Employer constitute a
252 NLRB No. 132
unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the
Act:
All production and maintenance employees at
the Employer's facilities in Grain Valley, Mis-
souri and Blue Springs, Missouri, including
technicians and plant clerical employees, but
excluding office clerical and professional em-
ployees, watchmen, guards and supervisors as
defined in the Act.
5. The Board has considered the entire record in
this proceeding, including the Petitioner's objec-
tions, the Regional Director's report, and the Em-
ployer's exceptions and brief, and hereby adopts
the Regional Director's findings, conclusions, and
recommendations only to the extent consistent
herewith.
The Regional Director's investigation of Peti-
tioner's objections revealed that the Employer had
shown its employees the film entitled "The Spring-
field Gun" on or about June 6, 1980, 6 days before
the election. The employees had been brought
from their work places to view the film, and the
Employer's vice president had introduced it by
reading from a prepared statement. In the state-
ment, he claimed that the film depicted a true story
involving several aspects of unionization, including
"the obsession that most unions have with union
security contract language," a strike, and discord
that is allegedly present in a "union environment."
He carefully noted, however, that a strike would
not be inevitable if the Union won the election and
that a union-security clause would not automatical-
ly be included in a collective-bargaining agreement.
The Regional Director found that showing the
film was in itself sufficient to justify setting aside
the election, citing Sylacauga Garment Company,
210 NLRB 501 (1974), in which the Board decided
that, in the context of numerous unfair labor prac-
tices, showing "The Springfield Gun" to employ-
ees violated Section 8(a)(1) of the Act.
We do not agree. In Sylacauga, we concluded
that the exhibition of "The Springfield Gun"
should be controlled by our holdings regarding
"And Women Must Weep," an antiunion film with
a similar message. (210 NLRB at 506.) Shortly
thereafter, in Litho Press of San Antonio, 211 NLRB
1014, 1015 (1974), the Board overruled all prior in-
consistent decisions, and held that "the showing of
the film 'And Women Must Weep' is neither viola-
tive of the Act nor a sufficient basis for setting
aside an election." Therefore, treating the showing
i In he absence of exceptions thereto, we adopt, pro fijrma, the Re-
gional Director's recommendations that Petitioner's Objections 1, 3 4. 5,
6. and 7, and its unnumbered objections, he overruled
9s53
954 DFCISIONS OF NATIONAL I ABOR RELATIONS BO()ARD
of "The Springfield Gun" as we would "And valid ballots cast, we shall certify the results of the
Women Must Weep" under Litho Press, there is no election.
basis for setting aside the election herein.2
Accordingly, as the tally of ballots shows that CERTIFICATION OF RESULTS OF
the Petitioner has not received a majority of the
2 Chairman Fanning and Member Jenkilis ould find that sIowing
"The Springield Gun" in the context of unlion alimus or unfair lahor
practices could be a sufficient basis for setting aside an election Their
positions are set forth in L ho Prcns oJ San nltronio, supru at 1(15 Ncecer
theless. they acknoledge that until such time its the majority view
changes, they are institulioally bound by Litho Pre;o They also rotle thal
there is ino evidenre of iunliot animus on the part of the Fnmploser herein,
nor any allegation that it hs engaged il unfair labor practices
It is hereby certified that a majority of the valid
ballots have not been cast for Communications
Workers of America, AFL-CIO, and that said
labor organization is not the exclusive representa-
tive of all the employees in the unit herein in-
volved, within the meaning of Section 9(a) of the
National Labor Relations Act, as amended.