Standard Register Co.

National Labor Relations Board - Board Decisions

Jun 2, 1978

236 N.L.R.B. 699 (N.L.R.B. 1978)

THE STANDARD REGISTER COMPANY
The Standard Register Company and The Dayton
Printing and Graphic Communications Union, IA-
cal 54, AFL-CIO, Petitioner. Case 9 RC 11852
June 2, 1978
DECISION AND DIRECTION OF RUNOFF
ELECTION
BY MEMBERS JENKINS, PENELLO. AND MUtRPH'Y
Pursuant to a Stipulation for Certification Upon
Consent Election ' executed by the parties 2 and ap-
proved by the Acting Regional Director for Region 9
of the National Labor Relations Board on March 2,
1977, an election by secret ballot was conducted in
the above-entitled proceeding on March 11. 1977,
under the direction and supervision of said Acting
Regional Director. Upon the conclusion of the elec-
tion, a tally of ballots was furnished the parties in
accordance with the Board's Rules and Regulations.
The tally of ballots shows that there were approxi-
mately 152 eligible voters and that 52 ballots were
cast for the Petitioner, 57 ballots were cast for the
Intervenor, 40 ballots were cast for neither labor or-
ganization, and no ballots were challenged. Thereaf-
ter, the Employer filed timely objections to conduct
affecting the results of the election.
On May 17, 1977, the Regional Director, having
duly investigated the matters raised by the Employ-
er's objections, issued and served on the parties his
Report on Objections to Election and Recommenda-
tions to the Board in which he recommended that the
Board overrule the Employer's objections in their en-
tirety and that, as the tally of ballots revealed that
none of the choices in the election received a majori-
ty of the valid votes cast, the Board direct a runoff
election to be conducted between the choices which
received the highest and the next highest number of
votes, the Intervenor and the Petitioner, respectively.
Thereafter, the Employer filed exceptions to the Re-
gional Director's report.3
'The appropriate bargaining unit set forth in the stipulation is as follows
All employees in the letterpress room, Wieb Letterpress Division. in-
cluding all apprentice pressmen, apprentice pre-pressmen. journeymen.
floormen. and general workers, all employees operating transfer letter-
presses used in production. including Building -;7. all photo offset em-
ployees, offset (litho) pressmen, production emploees in the planning
and analyzation department. plumbers, all employees in what is now
known as the Rubber Plate Department including journeymen plate-
makers. apprentices and general workers. all emplosed at the EnmplN-
er's facility at 626 Albany Street, Dayton. Ohio. the onl, location of the
EmploNer involved herein. but excluding all office clerical emplosees.
professional employees, guards and supervisors as defined In the Act.
and all other employees
2Graphic Arts International Union, local 508, O K I. AFI. (O(. is the
Intersenor in this proceeding.
1While the instant matter was pending before the Board. the Inter.enor
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.
The Board has reviewed the record in light of the
exceptions and hereby adopts the Regional Direc-
tor's findings and recommendations. As none of the
choices on the ballot received a majority of the valid
ballots cast, we shall direct a runoff election.
We agree with the Regional Director that the mis-
representations alleged in the Employer's objections
are insufficient to set aside the election herein, rely-
ing, of course, on Shopping Kart Food Market, Inc.,
228 NLRB 1311 (1977). However, unlike Member
Jenkins, we also agree with the Regional Director's
conclusion that certain statements contained in a
leaflet distributed by the Intervenor do not contain
impermissible threats which warrant setting aside the
election.
Since 1972, the Intervenor, the current collective-
bargaining representative of the unit employees, has
represented them in a non-Board proceeding in
which it has asserted that the Employer is liable to
unit members for certain wages. Shortly before the
election herein, the Employer sent a letter to its em-
ployees which stated, in pertinent part:
But do you remember the wage freeze: Those of
you in the GAIU at that time had to fight your
own union to get it to do what was necessary to
try to prevent further loss of more of your jobs.
Even after you forced your local union leader-
ship to change its mind and act in your best
interests, the International ignored the clearly
stated wishes of the majority and said it did not
care what Standard's employees wanted or how
necessary that wage freeze was to Standard's
employees' job security. It would not agree to it.
They are still spending dues money fighting that.
Is that controlling your own destin,?
In response to this letter, the Intervenor distrib-
uted a leaflet containing the following passage:
As the Company stated in their presentation to
the employees, the GAIU has a case pending in
Court regarding the "lost" $.45 wage increase. It
would be to the Company's advantage if the
ad ised the Board. subject to the Board's approval. of its disavowal of inter-
est In representing the employees herein The Intervenor and its Internation-
al requested the Board's permlssion to allow the withdrawal of Local 508 O
K I a, the intersenor and the suhstitution of the International as its succes-
sor In interestl We dens this request since we cannot assume that those
emplo',ees who voted for Local 508. as Intervenor. would have voted for the
Inlernatin al nf it had been the Interxenor See .1 .A .' den ( mpianl
In, 159 NI RB 1730. 1731 196hl This denial is without prejudice to fur-
ther considerationm upon a proper showing. Including employee consent. for
subshtituting the International. In the event Intervenor wins the runoff elec-
ntn anid is certified See e g. En,eri Indusre,-s. In, (Dic RuadJ. 148 NL RB
1. s2 53 ( 1964i
236 NLRB No. 75
699
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(;AIU was defeated in the election and would
ultimately decide not to spend the remaining
members' dues in an effort to collect the lost
wage increase for its former members. This
would relieve the Company of an approximately
$4,000 pending liability per each affected mem-
ber.
Member Jenkins claims that the Intervenor's re-
sponse constitutes an implied threat that it would
abandon its statutory duty to fairly represent unit
employees unless it won the election. However,
Member Jenkins has ignored the fact that the intent
of Intervenor's response was to negate the unflatter-
ing implications left by the Employer's letter. No-
where does the Intervenor indicate an intention to
abandon its efforts to collect the disputed wages,
which have presumably continued with the support
of the employees. In our view, the Intervenor was
merely describing what the Employer would wish to
have happen should the Intervenor actually lose the
election. The Intervenor's response recognized that it
would be to the Employer's advantage if the Interve-
nor in fact relinquished its fight on behalf of the em-
ployees, for the Employer would thus be relieved of
any financial liability to them. As recognized by the
Regional Director, the Intervenor's abandonment of
the wage dispute is remote, particularly in light of its
ongoing efforts to pursue the matter. Accordingly,
we cannot agree that there has been any threat on the
part of the Intervenor to abdicate its responsibility to
fairly represent the unit employees.
DIRECTION OF RUNOFF ELECTION
It is hereby directed that the Regional Director for
Region 9 shall conduct a runoff election at a time
and place to be determined by him, among certain
employees of the Employer who were employed dur-
ing the payroll period used in the prior election in the
stipulated unit to determine whether they desire to be
represented for the purposes of collective bargaining
by The Dayton Printing and Graphic Communica-
tions Union, Local 54, AFL-CIO, or by Graphic
Arts International Union, Local 508, O-K-I, AFL-
CIO.
MEMBER JENKINS., dissenting in part:
I agree with my colleagues' adoption of the Acting
Regional Director's finding that the misrepresenta-
tions alleged in the Employer's objections are insuffi-
cient to affect the results of the election, but do so in
reliance on the standards set forth in Hollywood Ce-
ramics Company, Inc., 140 NLRB 221 (1962), and not
on Shopping Kart Food Market, 228 NLRB 1311
(1977). Contrary to my colleagues, however, I find
that the Intervenor's leaflet contained an impermissi-
ble threat which requires setting aside the election
and directing a second election.
Since 1972 the Intervenor, the current collective-
bargaining representative, has represented unit em-
ployees in an arbitration proceeding seeking back
wages claimed to be owing. On the day before the
election, the Intervenor circulated to the voters a
leaflet which read, in pertinent part, as follows:
As the Company stated in their presentation to
the employees, the GAIU has a case pending in
Court regarding the "lost" 45 cent wage in-
crease. It would be to the Company's advantage
if the GAIU was defeated in the election and
would ultimately decide not to spend the re-
maining members' dues in an effort to collect
the lost wage increase for its former members.
This would relieve the Company of an approxi-
mately $4,000 pending liability per each affected
member.
The above passage was obviously intended to ad-
vise the voters that the Intervenor's loss of the elec-
tion could well cause the Intervenor to abandon fur-
ther efforts, as their bargaining representative, to
collect their backpay claims which it estimated to be
worth approximately $4,000 per individual. In my
view the language in the leaflet clearly constituted an
implied threat to abandon the bargaining representa-
tive's statutory duty fairly to represent the unit mem-
bership after the election 4 unless the Intervenor won
the election and thus interfered with the employees'
right to express their wishes in the election free of
coercion. I would therefore set aside the election and
direct a second election.
a See Red Ball Molar Freight, Inc., 157 NLRB 1237 (1966).
700