107 N.L.R.B. 1094 (N.L.R.B. 1954)

Spotswood Specialty Co, Inc.

National Labor Relations Board - Board DecisionsFeb 8, 1954

107 N.L.R.B. 1094 (N.L.R.B. 1954)

1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Friedman, D. Gallagher, L. Gallo, E. Goldberg, H. Hart, Albert N. Henry, John* Horty , John M. Hughes, Robert Merton Jackel, C. Kezner, Jacob Kopeck , Chester Alexander Kozush, Carl Kuba, Richard Kuzemchak , Philip Lefkowitz, A. Lindsay, Robert A. McGrath , Thomas J. McHugh, Joseph P. Mirer , Michael Moore, M. Moreth, Carmela Murray, George V. Nash, Daniel Newton, Frank H. Noah , Stanley E. O'Connor , Timothy O'Donnell, J. P. Parysek , Charles Pascucci , Michael R. Pearson, Thelma Vera Platt, John A. Riccio, Charles Carmine Richman, Abe Ryan, Eugene M. Sammut , Fred Thomas Schmitz, Dorothy Scott, W. E. Shulman, Fred Silverstein, Irving Slaba, Joseph Smith , Reginald J. Stecko, David Stout , J. Victor Stout, Max Vernon Sullivan , Owen J. Urban, Louis Vanderhaas , W. J. L. Velez, Radames Walden, Nelli Jane Wise, G. A. Wright, H. R. Wust , Franz Aloyis * This ballot was inadvertently excluded at the time the tally of ballots was issued. SPOTSWOOD SPECIALTY COMPANY, INC. and INTERNA- TIONAL PRINTING PRESSMEN AND ASSISTANTS UNION OF NORTH AMERICA, AFL, Petitioner . Case No. 9-RC- 1943. February 8, 1954 SUPPLEMENTAL DECISION, ORDER, AND SECOND DIRECTION OF ELECTION Pursuant to a Decision and Direction of Election issued herein on June 16, 1953 ,' an electionby secretballotwas conducted on July 14, 1953, under the direction and supervision of the Re- gional Director for the Ninth Region , among employees in the unit found appropriate by the Board . Following the election, a tally of ballots was furnished the parties . The tally shows that of approximately 55 eligible voters , 52 cast ballots, of which 24 were for, and 28 were against , the Petitioner. On July 17, 1953 , the Petitioner filed objections to conduct affecting the results of the election . The Regional Director iNot reported in printed volumes of Board Decisions and Orders. 107 NLRB No. 222. CALIFORNIA WROUGHT IRON, INC. 1095 investigated the objections and, on November 3, 1953, issued and duly served upon the parties a "Report on Objections to Election," in which he recommended that the objections be overruled and that the results of the election be certified. Thereafter, on November 24, 1953, the Petitioner filed timely exceptions to the Regional Director ' s report. Having duly considered the matter, the Board finds as follows: The Petitioner objected to the election upon the grounds, inter alia ,2 that employees were assembled on company time and property to listen to an antiunion speech and, although requested to do so, the Employer denied the Petitioner similar facilities for addressing employees . This objection is based on Bonwit Teller which we have repudiated. However, we shall set aside the election in accordance with our Peerless Plywood election rule. On July 13, 1953, the day before the election , at about 4:15 p. m., the Employer' s president addressed the employees assembled in the plant, concluding his speech about4:30 p. in., when the working day ended. This speech was made less than 24 hours before the election. In our recent decision in Peerless Plywood Company3 we established the rule that election speeches on company time to massed assemblies of employees within the 24-hour period before the scheduled time for conducting an election, will be sufficient ground for setting aside the election. As the Employer' s speech was made less than 24 hours before the polls opened it was in violation of our election rule . Accord- ingly , we shall set aside the election and direct that a new election be held in accordance with the Board's new rule.4 [The Board set aside the election held on July 14, 1953.] [Text of Second Direction of Election omitted from publi- cation.] 2 The Petitioner also asserted other reasons for setting aside the election. In view of our determination herein , we find it unnecessary to consider the remaining objections. 3107 NLRB 427. 4Although Member Murdock dissented in part from the majority opinion in the Peerless Plywood case, he nevertheless now considers himself bound by that decision. CALIFORNIA WROUGHT IRON, INC. and LOCAL 576, FURNI- TURE WORKERS, UPHOLSTERERS & WOOD WORKERS UNION, INDEPENDENT, Petitioner. Case No. 21-RC-2661. February 8, 1954 SUPPLEMENTAL DECISION AND ORDER On September 24, 1952, the Board issued in this case a cer- tification of representatives to the Petitioner . Thereafter, the 107 NLRB No. 223.