Sewell Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 20, 1962

140 N.L.R.B. 220 (N.L.R.B. 1962)

220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is sufficient therein, we find that the following constitute appropriate
units for the purpose of collective bargaining within the meaning
of Section 9 (b) of the Act :
Unit A. All lithographic production employees employed by
Salina Press, Inc. and Salina Repro Service, Inc., Syracuse, New
York, excluding all office clerical employees, professional em-
ployees, watchmen and guards, and all supervisors as defined in
the Act.
Unit B. All lithographic production employees employed by
Pratt Printing Company, Inc., Syracuse, New York, excluding
all office clerical employees, professional employees, watchmen
and guards, and all supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
Sewell Manufacturing Company and Amalgamated Clothing
Workers of America , AFL-CIO, Petitioner . Case No. 10-RC-
5016. December 20, 1962
SUPPLEMENTAL DECISION, ORDER, AND DIRECTION
OF THIRD ELECTION
Pursuant to a Decision, Order, and Direction of Second Election
issued by the Board on August 9, 1962,' a second election by secret
ballot was conducted by the Regional Director for the Tenth Region
among the employees in the appropriate unit. Upon the conclusion
of the election the parties were furnished a tally of ballots which
showed that of approximately 1,338 eligible voters, 345 cast votes for,
and 931 cast votes against, the Petitioner, 8 cast challenged ballots, and
4 ballots were void. Thereafter the Petitioner filed timely objections
to conduct affecting the results of the election.
In accordance with the Board's Rules and Regulations, the Regional
Director conducted an investigation, and on September 28, 1962, issued
his report on objections in which he found the objections to be without
merit and recommended that they be overruled. The Petitioner filed
timely exceptions to the Regional Director's report and recommenda-
tions dealing with preelection propaganda which was distributed to
eligibles during the critical period.'
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Leedom, Fanning, and Brown].
1138 NLRB 66.
2 In the absence of exceptions thereto, the Board adopts pro forma the Regional Director's
recommendation that objections Nos. 5 and 6 be overruled.
140 NLRB No. 24.
HOLLYWOOD CERAMICS COMPANY, IN C. 221
The Board has considered the Regional Director's report and the
exceptions thereto, and upon the entire record in this case makes the
following findings :
The Petitioner objected to the election upon the ground, inter alia,
that various forms of propaganda distributed to employees during
the critical period were similar in content and effect to "election propa-
ganda" proscribed by the Board in its decision setting aside the first
election referred to above.
The Regional Director's investigation showed that immediately
prior to the second election employees received copies of "Militant
Truth," dated May 1962, which contained four pages of appeals and
arguments against unionization based, in part, upon racial considera-
tions. In addition, the employees received copies of local newspapers
containing editorials and a letter from the Employer which stressed
similar appeals and arguments against unionization. The Regional
Director found that such propaganda did not impair the employees'
freedom of choice in the election and recommended that objections
based thereon be overruled. For the reasons stated below, we do not
agree.
In our opinion, the propaganda complained of is essentially the same
type of appeal and argument upon which the Board set aside the first
election. We find that the documents in question were intended to and
did inflame the racial feelings and other prejudices of the voters on
matters unrelated to election issues. As we noted in our prior De-
cision setting aside the first election, such propaganda has no place in
Board election campaigns since it creates an atmosphere which is not
conducive to a sober and informed exercise of the franchise. Accord-
ingly, we find that the conditions under which the election was held
impeded a reasoned choice as to a bargaining representative and nulli-
fied the election. We shall, therefore, set aside the election and direct
that a third election be held.
[The Board set aside the election held on August 24,1962.]
[Text of Direction of Third Election omitted from publication.]
Hollywood Ceramics Company, Inc. and United Brick and Clay
Workers of America, AFL-CIO, Petitioner . Case No. 21-RC-
7362. December 20, 1962
DECISION AND DIRECTION OF SECOND ELECTION
Pursuant to a stipulation for certification upon consent election an
election by secret ballot was conducted by the Regional Director for the
140 NLRB No. 36.