Superior Knitting Corp.

National Labor Relations Board - Board Decisions

May 31, 1955

112 N.L.R.B. 984 (N.L.R.B. 1955)

984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Acting Regional Director's recommendation that the challenge to
Morrell's ballot be sustained. Because it still appears that the Peti-
tioner has won the election, we must now dispose of the question as to
the alleged misconduct of the Petitioner.
As noted above, the Acting Regional Director recommended that
the Employer's objection concerning the Petitioner's distribution of
leaflets containing altered reproductions of the Board's official ballot
before the election be sustained and that the election be set aside.
Because the Petitioner filed no exception to the foregoing recom-
mendation, we shall set aside the election and direct that a new election
be conducted.
[The Board set aside the Election.]
[Text of Direction of Election omitted from publication.]
Superior Knitting Corporation and Alto Manufacturing Cor-
poration and Sindical Obrera Insular, Inc., Petitioner. Case
No. 24-RC-789. May 31,1955
DECISION, ORDER, AND DIRECTION OF ELECTION
On March 25, 1955, pursuant to a stipulation for certification upon
consent election, an election by secret ballot was conducted under the
direction of the Regional Director for the Twenty-fourth Region.
Upon conclusion of the election, a tally of ballots was furnished the
parties in accordance with the Rules and Regulations of the Board.
The tally shows that, of approximately 184 eligible voters, 166 cast
ballots, of which 56 were for, and 108 were against the Petitioner,
and 2 voted challenged ballots. The challenged ballots are not suffi-
cient in number to affect the results of the election.
On March 30, 1955, the Petitioner filed timely objections to conduct
affecting the results of the election. The Regional Director investi-
gated the objections and on April 20, 1955, issued his report and
recommendation on objections to election. In his report, the Regional
Director recommended that the Petitioner's objection concerning the
Employers' distribution of leaflets containing altered reproductions
of the Board's official secret ballot before the election be sustained
and that the election be set aside. Thereafter, the Employers filed
timely exceptions to the Regional Director's report.
The Board, having considered the Regional Director's report, the
Employers' exceptions, and the entire record in the case finds as
follows :
1. The Employers are engaged in commerce within the meaning of
the National Labor Relations Act.
112 NLRB No. 127.
SUPERIOR KNITTING CORPORATION 985
2. The labor organization involved claims to represent certain em-
ployees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employers within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employers constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
All production and maintenance employees of the Employers at
their Aguas Buenas, Puerto Rico , plant, including employees working
on shoulders , collar looping , sleeves, seaming , collar sewing , latch,
ravel, winding, flat, back winding, topping, mending, and examiners,
instructors , separators , janitors, shipping clerks, shipping clerk help-
ers, and knitters , but excluding all executive , administrative , profes-
sional personnel , office clerical employees , guards, watchmen, fore-
men, and other supervisors as defined in the Act.
5. The objections :
The Regional Director recommended that objections numbered 1
and 2 be overruled . As there is no exception to this recommendation,
it is hereby adopted.
The Petitioner's third objection is based on the allegation that, on the
day before the election, the Employers distributed to eligible voters
a document entitled "SPEECH" which contained a facsimile of the
Board's official ballot with a large cross inserted in the "no" square.
The Regional Director found that the alteration of the Board 's official
ballot for campaign purposes violated the Allied Electric Products,
Inc.,' rule proscribing the distribution of marked sample ballots.
Accordingly, the Regional Director having found merit in the Peti-
tioner's objection recommended that the election be set aside.
The Employers in their exceptions attempt to distinguish the facts
of the instant proceeding from those involved in Allied Electric
Products , Inc., and later cases applying the rule of that case by con-
tending : ( 1) The rationale of the Allied Electric rule , i. e., the pos-
sible impression of Board approval of the material contained on the
altered official sample ballot , is not applicable in the present case be-
cause the Employers immediately prior to the distribution of the bal-
lots stressed in a speech the impartial role of the Board in conducting
representation elections ; (2) the Employers marked the ballot in the
presence of the employees ; ( 3) the purpose of the alteration was to
indicate to the employees how they would like the employees to vote;
(4) the sample ballot was circulated not by itself , but as an integral
part of a copy of the speech distributed to the employees.
In conformity with the recommendation of the Regional Director,
we find that the distribution of the marked sample ballot violated the
1109 NLRB 1270.
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Allied Electric rule. The Board has held that such ballots necessarily
tend to suggest Board approval of the material thereon, and therefore,
interfere with the employees' free choice in the election.2 Because of
this Board policy not to permit the reproduction and distribution of
marked sample ballots, the application of the Allied rule is not de-
pendent on whether the employees were, in fact, misled by the altered
ballot. In view, therefore, of the Board's rule that the reproduction
and distribution of altered sample ballots are, per se, sufficient grounds
for setting aside the election, we shall set aside the election held in the
present proceeding and direct that a new election be conducted.
[The Board set aside the election held on March 25, 1955.]
[Text of Direction of Election omitted from publication.]
2Memphis Furmture Hanufactatring Company, 111 NLRB 204.
Daugherty Company, Inc. and Joseph B. Irwin and Howard P.
McClure and United Association of Journeymen and Appren-
tices of the Plumbing and Pipe Fitting Industry of the United
States and Canada, A. F. of L., United Association of Journey-
men and Apprentices of the Plumbing and Pipe Fitting Indus-
try of the United States and Canada, Local Union No. 625, A. F.
of L., Parties to the Contracts
United Association of Journeymen and Apprentices of the Plumb-
ing and Pipe Fitting Industry of the United States and Canada,
A. F. of L., and James Switalski, Special Representative, and
United Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of the United States and
Canada, Local Union No. 625, A. F. of L. and Joseph B. Irwin
and Howard P. McClure and Daugherty Company, Inc.; Grin-
nell Company, Inc.; Hartwell Co., Inc.; Plumbing, Heating, Pip-
ing and Air Conditioning Contractors of Charleston, West
Virginia, and Vicinities, West Virginia Heating & Plumbing
Company, Conditioned Air, Inc., Casdorph Lippert Heating &
Plumbing Co., Appalachian Heating & Plumbing Co., Meyers
ros., Bentley Plumbing & Heating, Goff Matthews Plumbing
Co., John R. Kegley, Inc., Thrush Refrigeration Co., Harry
Dougherty & Sons, Inc., Boddel & Company, Baldwin Plumb-
ing &i Heating Co., J. E. Patton Plumbing & Heating, Paul K.
Yates Plumbing & Heating, H. M. Kraft Plumbing & Heating,
Webster Plumbing & Appliance Co., Inc., Parties to the Con-
tracts
112 NLRB No. 122.