The Babcock & Wilcox Co.

National Labor Relations Board - Board Decisions

May 13, 1948

77 N.L.R.B. 577 (N.L.R.B. 1948)

In the illatter of Tun BABCOCK & WIL COX Co . and UNITED STONE AND
ALLIED PRODUCTS WORKERS OF A1UERICA, CIO
Case Nos.10-R-1523 and 10-C-1928.-Decided May 13,194 8
Mr. William M. Pate, for the Board.
Thorp, Bostwick, Reed ct Armstrong, by Mr. D. W. Ebbert, of Pitts-
burgh, Pa., and Hull, Willingham, Towill ct Norman, by Mr. J. J.
Willingham, of Augusta, Ga., for the respondent.
Mr. Sam H. Scott, of Winston-Salem, N. C., for the Union.
DECISION
AND
ORDER
On June 2, 1947, Trial Examiner James R. Hemingway issued his
Intermediate Report in the above-entitled proceeding, finding that
the respondent had engaged in and was engaging in certain unfair
labor practices and recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in the copy of the In-
termediate Report attached hereto. The Trial Examiner further
found that the respondent had interfered with an election conducted
among the respondent's employees by the Board on January 31, 1946,
to determine representatives for the purpose of collective bargaining,
and he recommended that the election be set aside. Thereafter, the
respondent filed exceptions to the Intermediate Report and a support-
ing brief. The respondent's request for oral argument is hereby
denied inasmuch as the record, in our opinion, adequately presents
the issues and positions of the parties.'
The Board has reviewed the rulings of the Trial Examiner at the
hearing and finds that no prejudicial error was committed. The rul-
ings are hereby affirmed. The Board has considered the Intermediate
Report, the respondent's exceptions and supporting brief, and the
entire record in the case, and finds merit in the respondent's exceptions
for the reasons hereinafter set forth.
' Pursuant to the provisions of Section 3 (b) of the Act, the National Labor Relations
Board has delegated its powers in connection with this proceeding to a thiec-man panel
:onaistnig of the undersigned Board Members [Houston, Murdock, and Gray].
77 N. L R B., No. 96.
577
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We do not agree with the findings of the Trial Examiner that the
respondent violated Section 8 ( 1) of the original Act 2 (1 ) by com-
pelling its employees during working hours to attend and listen to
Superintendent Claus' speeches ; ( 2) by the aforesaid speeches when
considered in the "totality of circumstances"; (3) by certain state-
ments of Superintendent Claus and Foreman Lemar to employee Ket-
tles when viewed in the light of the "circumstances under which they
were uttered"; ( 4) by the conduct of Assistant Foreman Scott con-
sidered against the background of the "other conduct of the respond-
ent"; and ( 5) by the "comprehensiveness " of the respondent 's total
conduct.
With respect to the "compulsory audience" aspect of the speeches,
the Trial Examiner concluded from all the evidence that the notices
of the meetings as well as the oral instructions given to the employees
concerning these meetings removed the element of choice from the
employees and, in effect , compelled them to attend in violation of the
Act. In reaching this conclusion , the Trial Examiner relied upon the
"compulsory audience " doctrine enunciated in Matter of Clark Bros.
Co., Inc. ,' However, the language of Section 8 ( c) of the amended Act,
and its legislative history, make it clear that the doctrine of the Clarke
Bros . case no longer exists as a basis for finding unfair labor practices
in circumstances such as this record discloses . Even assuming , there-
fore, without deciding , that the respondent required its employees to
attend and listen to the speeches , we conclude that it did not thereby
violate the Act.
With reference to the other aspects of the respondent 's conduct, we
agree with the, Trial Examiner that neither the speeches , nor the re-
marks of Superintendent Claus and Foreman Lemar to Kettles, nor
the conduct of Scott, "standing individually ," violated the Act. We
do not agree with the Trial Examiner , however, that a consideration
of the surrounding circumstances in each instance establishes the
coercive character of the otherwise unobjectionable conduct. In our
opinion no such overriding significance attaches to any of the circum-
stances relied upon by the Trial Examiner. Although expressive of
the respondent 's antipathy toward the Union, the conduct herein does
not contain any threat of reprisal or force or promise of benefit and is
therefore protected by the guaranty of the free speech amendment.'
See Labor -Management Relations Act, 1947, amending the National Labor Relations
Act. The provisions of Section 8 (1) of the National Labor Relations Act, which the Ti nil
Examiner herein found were violated, are continued in Section 8 (a) (1) of the Act, as
amended.
870 N L. It . B. 802, enf ' d in N L . R. B v. Clark Bros. Co, Inc, 163 F. (2d) 373
(C C A 2)
4 In Matter of Merry Brothers Brick and Tile Co ., 75 N. L R B 130 , the Board dismissed
a complaint insofar as it alleged that conduct similar to the conduct attributed to Scott
herein was violative of the Act.
THE BABCOCK & WILCOX CO. 579
And for reasons already stated by us in prior decisions, we are also
unable to adopt the Trial Examiner's further finding that, "com-
prehensively," the respondent's total activities violated the Act.5
Accordingly, we find, contrary to the Trial Examiner, that the
respondent did not interfere with, restrain, or coerce its employees in
the exercise of the rights guaranteed in Section 7 of the Act. We shall,
therefore, dismiss the complaint. Consistent with these rulings, we
also find no merit in the Union's objections to the conduct of the
election. We shall, therefore, dismiss the petition for investigation
and certification of representatives filed by the Union in Case No.
10-R-1523.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the complaint issued herein
against the respondent, The Babcock & Wilcox Co., Augusta, Georgia,
be, and it hereby is, dismissed.
AND IT IS FURTHER ORDERED that the petition for investigation and
certification of representatives filed by United Stone and Allied
Products Workers of America, CIO, in Case No. 10-R-1523 be, and it
hereby is, dismissed.
INTERMEDIATE REPORT
Mr. Williams M. Pate, for the Board.
Mr. D. TV. Ebbert , of Pittsburgh , Pa., and Mr. J. J Willingham , of Augusta, Ga.,
for the Respondent.
Mr. Samuel H. Scott, of Winston - Salem, N. C., for the Union.
STATEMENT OF THE CASE
On June 11 , 1945, United Stone and Allied Products Workers of America,
herein called the Union, claiming to represent employees of The Babcock &
Wilcox Co ., herein called the Respondent , filed with the Regional Director for.
the Tenth Region of the National Labor Relations Board, herein called the
Board, a petition for investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat . 449, herein called
the Act. Following a hearing on said matter on August 16, 1945, the Board on
December 29, 1945, issued its Decision and Direction of Election.
Pursuant thereto, an election was held on January 31, 1946, which the Union
lost' Thereafter, on February 4, 1946, the Union filed objections to the conduct
and results of the election, and on July 10, 1946, the Acting Regional Director
for the Tenth Region issued his report on objections , recommending that the
5 Matter of Volney S Anderson and Mildred C Anderson , d/b/a Pacific Moulded Products
Company, 76 N L. R. B 1140 ; Matter of The Bagley Company, 75 N. L. R. B 941.
The tally of ballots showed that of 461 eligible voters 175 cast valid ballots for, and
276 against , the Union.
580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board direct a hearing on the objections . The Respondent on July 22 , 1946, filed
timely exceptions to the said report.
Meanwhile, on April 26, 1946, the Union filed a charge against the Respondent,
alleging violation of Section 8 (1) of the Act. On January 16, 1947, the Board
ordered a hearing to be held on the objections and consolidated the two cases.
Upon the aforesaid charge, the Board, by its said Regional Director , issued its
complaint dated February 19, 1947, against the Respondent, alleging that the
Respondent had engaged in, and was engaging in, unfair labor practices affecting
commerce within the meaning of Section 8 ( 1) of the Act. Copies of the com-
plaint and notice of hearing on the consolidated cases were duly served on the
Respondent and the Union.
With respect to the unfair labor practices the complaint alleged in substance
that the Respondent from about January 9, 1946, to the date of the complaint
had disparaged and expressed disapproval of the Union and had urged, per-
suaded, threatened, and warned its employees to refrain from assisting, becoming
members of, or remaining members of, the Union, and from voting for the Union
in a Board-conducted election.' The Respondent's answer, filed on March 21,
1947, denied the commission of the alleged unfair labor practices
Pursuant to notice, a hearing on the consolidated cases was held in Augusta,
Georgia, on April 9, 1947, before the undersigned Trial Examiner, duly desig-
nated by the Chief Trial Examiner.
The Board and the Respondent were represented by counsel and the Union
by a representative. All were afforded full opportunity to be heard, to examine
and cross -examine witnesses , and to present evidence bearing upon the issues.
At the close of the hearing, Board's counsel moved to amend the pleadings to
conform to the proof in minor details. The motion was granted.' The parties
waived oral argument. The Respondent alone filed a brief with the undersigned.
Upon the entire record in the case, and from his observation of the witnesses,
the undersigned makes the following :
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
The Respondent is a New Jersey corporation, maintaining an office and
plant at Augusta, Georgia, where it is engaged in the manufacture, sale, and
distribution of refractory materials During the year 1946, the Respondent pur-
chased raw materials, consisting principally of clay, of a value in excess of
$500,000, approximately 65 percent of which was transported to the Augusta
plant from points outside the State of Georgia. During the same period, the
Respondent sold finished products manufactured at the Augusta plant of a value
9 Respondent moved for a bill of particulars The motion was granted in part and denied
in part on March 5, 1947,.by George Bokat as duly appointed Tiial Examiner . The par-
ticulais were furnished on March 10, 1947
3 The complaint named George Scott as one of the Respondent ' s supervisors alleged to
have engaged in conduct in violation of the Act In the Bill of Particulars furnished by
the Board , George Scott was identified as a sub-foreman or assistant foreman in the manu-
facturing department . At the hearing , Respondent 's counsel identified George Scott as a
colored employee without supervisory authority and Fred Lee Scott , a white man , as assist-
ant foreman in the manufacturing department , having charge of the filter press operation
on one shift The undersigned considers the complaint as amended to substitute Fred Lee
Scott for George Scott.
THE BABCOCK & WILCOX CO. 581
in excess of $1,000,000, of which approximately 90 percent was shipped to points
outside the State of Georgia.`
The undersigned finds that the Respondent is engaged in commerce within
the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Stone and Allied Products Workers of America, affiliated with the
Congress of Industrial Organizations , is a labor organization admitting to
membership employees of the Respondent.
III THE UNFAIR LABOR PRACTICES
A. Interference, restraint, and coercion
1 Statement to individual employees'
As previously stated, the Board on December 29, 1945, directed that an election
be held for the purpose of determining whether or not the employees of the
Respondent in an appropriate unit desired to be represented by the Union. The
election was conducted on January 31, 1946.
About December 23, 1945, Foreman L. H. Lemar sent employee Haywood
Kettles to the office of Superintendent Carl Claus. There Claus told Kettles
that he was very much worried that morning when lie went through the plant
and a fellow worker of Kettles told him that Kettles had taken his name and
turned it in to the Union and that he did not want his name in it. Claus,
continuing, said he had asked that man if Kettles had done that on company
time and the man replied affirmatively. Superintendent Claus then told Kettles
lie felt like firing him because Kettles did not have any business taking names
on company time.' Kettles said that he did not remember taking any names
on company time, although he may have, but that he did remember taking some
names during the time allowed for changing clothes.' Claus said he had thought
Kettles was his friend, that Kettles was leading "his folks" wrong,' that they
did not know what they were doing and did not know anything about unions.
He then asked Kettles what he expected to get out of it Kettles replied that
the Union would mean to the employees better working conditions and perhaps
eventuall} better pay Claus said that the Respondent v'as paying as much
or more than any company in that section. He then told Kettles not to take
any more names on company time and that he was not going to discharge him
because of the length of time he had been with the Respondent.'
a The above findings aie based on the allegations of the complaint admitted by the answer.
The pai ties stipulated that the 1947 business, was on a basis comparable to that stated
above for 1946
5 The Respondent put no witnesses on the stand The findings herein as to statements
made by supervisors to individual employees are based on the undenied and credited testi-
mony of such employees called as witnesses for the Board
9 No rule had been piomulgated to piohibit solicitation during working hours
4 At the hearing Kettles remembered that he had piocured an application card from an
employee in an idle inteilude during inorking hours a few days before this conversation
8 Kettles is it colored man and a pastor at an A . M . E Zion Church
0 Claus apparently assumed that solicitation din ing working time , whether or not it in-
teifered with pioduction, Ai as, giounds for dischaige even though no rule prohibiting such
solicitation had been promulgated But in view of the fact that Claus merely cautioned
Kettles against such solicitation in the future, the undersigned does not regard Claus'
statement , in isolation, as a violation of the Act
7SS886-49-vol 77-38
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Kettles testified that he was approached by his foreman, Lemar, many times
to engage in conversation about the Union, starting at a time before he became
active in the Union. On one such occasion, Lemar showed Kettles "some union
records and so forths 10 and said that he did not think that unions were much
for anybody except the union officials. On another occasion Lemar told Kettles
that leading a union was a big job, that there was no one to do it but Kettles,
and that he would have a bigger job on his shoulders that he could handle.
From this, the undersigned infers that the Respondent looked upon Kettles as
the leading advocate of the Union.
Between January 9 and 30, Superintendent Claus made four speeches to the
employees about the Union during working hours. On January 23 at about
7: 50 a. in., Foreman Lemar sent for Kettles by another employee." On his way
to Lemar's office, Kettles met Lernar, who told him that Superintendent Claus
was going to make another speech at 11. 15 a. in. and that Lemar would like
to have Kettles hear it. Kettles, whose shift ended at S a. in. that morning, said
that he would try to return for it.12 Lemar then asked Kettles if he had come
over to his side yet. Kettles replied that he had not. Lernar asked Kettles, who
was pastor of a church, how he would like it if he (Kettles) asked a sinner to
change his ways and he would not change. Kettles answered that, if the sinner
would not change, he would "just take it in prayer." Lemar then said that he
could not do anything with Kettles and he would turn him over to Superin-
tendent Claus.
About a week before the election of January 31, 1946, Assistant Foreman Fred
Scott, having in his hand a slip of paper on which were penciled two squares
with "Yes" written on one side and "No" on the other and an "X" in the "No"
square, went to employee Willie Curtis and Luvenia Spry individually and,
pointing to the "No" square, said that, if he were they, he would just vote "no"
and let it go at that.
A day or two-after the election, which the Union lost, Superintendent Claus
met Kettles outside the plant where the latter was working and where, ac-
cording to Kettles' credited testimony, the following colloquy took place between
Claus and Kettles :
Well, how is everybody feeling?
Well, everybody is feeling all right about the situation, Mr. Claus.
You think everybody is all right?
Yes, sir.
Oh, no, everybody is not all right, because I heard something that Hay-
wood Kettles is saying.
Well, I don't know what that could be, Mr. Claus.
I hear something you were saying. Now, we want to work together.
And we want to do all we can for you, but if you won't work with us, we
rather not have you.
On another occasion in Claus' office, Claus asked Kettles, if he was not satis-
fied, why he did not quit. Kettles testified, " . . . I was being worried up so
very much, every day or two I was wanted for a conversation with someone
'" The undersigned infers that this referred to either union circulars or articles about
11II10115
"The time of this conversation is fixed by correlating Kettles' testimony, which was
indefinite as to the day, with one of the posted announcements indicating that only on
January 23 was a speech set for 11 15 a m
12 He did not return.
THE BABCOCK & WILCOX CO. 583
and I was getting so very much tired of it until I almost decided to look for
another job sure enough " i3
2. The speeches of Superintendent Claus
On January 9, 23, 28, and 30, 1946, Superintendent Claus read prepared speeches
to the employees on the first and second shifts." The employees were notified
both by posted notice and verbally by supervisors that Superintendent Claus was
going to make the speeches. The notice of January 9, posted on the bulletin
boards. announced:
All employees, except those needed on the kilns, are asked to come to the
Grinding Department at 3.00 o'clock, this afternoon, to hear a short talk by
Mr. Claus regarding a matter of importance to all of us.i"
Each speech was delivered on the first shift and again on the second shift. The
speeches as read by Superintendent Claus, including the interlineations and elo-
cutionary directions thereon, are here set forth verbatim :
(Talk-1/9/46)
(Slowly-don't hurry)
When I talked to you last, / I promised / that I would talk to you about
the CIO Union. / Now that we are going to have a secret election in the
plant, / I think it is the right time / to say a few words about this CIO
union / that is trying to sign you up. / In a few days / we will know about
the time for the election / and I may want to talk to you again, / when the
clay has been set. /
(Pause)
In the meantime, / I know that many of you / want to hear how Mr. Kohler
and I / stand on this election. / From our many years of working together, /
i on and I, / I feel that I not only have the right / but that I owe it to you /
and that you want pie to tell you / what we think. / We both feel / that
you don't need this CIO union at all / and that we can get along just as we
have been, / without any fuss or trouble / and without the CIO in this
plant / If you think differently / and want the union in here / you have the
right to have it. / This election is being held / to give you the chance to say
chat you want / and when you vote / you don't need to worry about what the
CIO said / or what I have said /
(Slowly)
The purpose, / and the only purpose, / in this election / is to find out
whether you / want the CIO to do your talking for you about wages and
working conditions, / to pay dues to the union / and to obey their rules and
" Kettles testified that "eventually things became a tittle calm " There is no conten-
tion that Kettles was deprived of any economic benefits given other employees, and there is
evidence that , at some time since the election , Kettles, like another employee , was favored
by being relieN ed of iotatmg shifts to permit him to attend school.
it The Respondent opei ated three shifts-the first from 8 a. in to 4 p . in , the second
finin 4 p in to midnight , and the third fiom midnight to 8 a in.
15 Another notice posted the same day was identical , with the exception of the time,
which was ' S 15 o ' clock , tonight " The notices for the other speeches , except for time,
read All empl oyees are asked to cone to the Gi coding Department at 8 . 15 p m , this
cv ening, to heai a short talk about the election which is scheduled to be held on Thursday,
January 31 "
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
regulations, / or whether you want to continue to do as we have done in
the past / -work out our problems together. / This election is very impor-
tant; / much more important than some of you think. / Each one of you /
should make up your mind on this question and vote / because it has to do
with your job, / your making a living / and your future with this company. /
You should all do a lot of serious thinking / about what this means to
you / and your families, / because you and your families / will be the people
most affected by your decision, / not the CIO and not The Babcock & Wilcox
Co. /
(Slow)
This plant has been a pretty good thing for you and me / By its coming
here many of you have profited / A great many of you / have seen it start
from almost nothing; / in fact, many of you helped to put up the buildings
and new equipment / as the plant grew from year to year. / Today, Bab-
cocks is the largest employer of colored help here in Augusta / and we
expect that in the future it will continue to grow as it has in the past. /
Many of you have bought homes and raised your children on what you
earned here. / This plant is like home to you. /
(Pause)
I am proud of what you and I have done here. / Out recot ds, suice this
plant started in Augusta, / is what has made it possible for this plant to
grow. / Our record / during the war won for us the Army-Navy "E"
award / -the only one given in Augusta. / Above all, / I am proud of the
fact / that we did this without any fuss or trouble / -I'm proud / that we
have always been able to work out our mutual troubles together / No
matter what happened we could always sit down and talk it out. / We
didn't need any strikes like they are having up in Detroit to settle our
problems, / nobody has had to take up collections to feed you during any
strike. /
(Emphasize)
I want to go over this whole CIO story with you / so that you will get
the truth about the whole thing. / Before I do, / let me repeat that how
you vote / is up to you / If you want the union / vote for it; / if you
don't want the union / vote against it. /
You have probably heard of Widenhouse. / Well, he came here in April /
to try and get you to sign up in the CIO. / He is not from around here /
and I don't know much about him, / but in June he wrote the Company a
letter / saying that you wanted him to take care of youi wages and uottcing
conditions for you / I didn't believe then / and I don't believe now / that
lie was right, / and I shall not believe it until you / -all of you / -tell
me what you really want / That is why we are going to have this election /
and you can be sure that you can go into the voting place / and vote
just as you want to. / Nobody will ever know bow you vote / unless you
tell them, / and nobody can make you do that / Your paper ballot will say
"yes" and "no." / If you scant Widen house's union you mark "yes": / if
you want to handle thiugs like we have always done. / without the CIO, /
Volt. mark your ballot "no" /
THE BABCOCK & WILCOX CO.
(Pause)
585
You men and women / who have signed pledge cards, / don't let that
worry you. / They are not binding / and because you have signed one /
doesn't mean that you have to vote for the Union. / The government recog-
nizes that some of you might have signed under pressure, / because some-
one asked you to / and that is one of the main reasons why the election is
secret. / I am not telling you how to vote, / but I am aslong you to be sure
and vote. / You can't afford to sit back / and figure that your vote won't
make any difference / because it will / If only 20 of you vote / those 20
will decide the whole thing for every single one of you, / and don't forget /
that if you don't want the CIO / you have got to go in there / and put it on
your ballot. /
(Pause)
Many of you have heard the union side of the story; / I would like for
you to hear mine / and, as you all know, / I am just a worker here like
the rest of you. / You hear a lot of things about this CIO union business /
and because I know that many of you are confused and worried / about some
of the things that you have heard / I want to give you, / as best I can, / the
simple facts. /
(Slowly)
Somebody / may have told you that you had better join this CIO union
now / because if you don 't / you will lose your job, / or that you won't get
promotions , / or that you won't be taken care / That is a he. / You do not /
and will not have to join the union to work here , / to get ahead , / to have
an equal opportunity with anyone else, / no matter how the election goes. /
You all know me / and you know this Company, / and you know / that we
don't do things that way. / If you don ' t join the CIO / you will still have
a job at this plant. /
You may have heard the story / that one of you told me last week / Sure, /
I have treated you good , / but what will happen if I am gone ? / My answer
to that is this: / I have tried to do everything for you that I can, / but I
could not have done what was done / unless I was working for a good com-
pany, / a company that really wanted to do something for its workers.
Maybe you figure / that you might as well pay the CIO union a few dollars /
and find out if it can do more for you / than the company has already
done. / That would be all right / if you were sure that the money you
paid would be the last. / It won't be / -it's just the beginning . / In almost
all cases / where this particular union has organized the workers of a plant /
they have asked that the company deduct / from your wages, / before you
get your pay envelope , / any dues / and any fines / or assessments / which
you owe to this union . / Under this kind of an arrangement / you will
have to pay what you owe every month, / and I mean every month on the
line. / Maybe you will have to send $2.00 , or $3.00 or $5 .00 per month up
north to help out the CIO men in Detroit / and elsewhere who are on strike. /
Also, in almost all cases, / unions today ask that the company agree to
fire any man who joins the union / and who has later been put out of the
union / because he did not do what the union wanted him to do. / It makes
no difference , in such a case , / if you are satisfied with your job / and the
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
company is entirely satisfied with your work. / So think this over
carefully- / this is not a social organization . / Don't be fooled / that
you can drop this union / as easily as the last one that was started here
in 1938 / and folded up completely / after many of you had put in some
of your money. /
(Slow)
As I said earlier , / I want to talk plainly to you about this matter. / What
can the union give you / that you don 't already have? / I have had some
experience with unions before I came to Augusta / and since this matter
came up , / last spring , / I have done a lot of thinking , / a lot of reading / and
a lot of listening / about unions in general, / and this union in particular. / I
think / that if you take away all the fancy trimmings / the high sounding
words, / a man joins a union in the hope of getting two things : / First, niore
money / and, second , better working conditions. /
(Pause)
(Slow)
Let us take the first one / -More Money . / That sounds good. / All of us
want more money / and it is easy to get het up about some person / or some
idea / that promises to get us more money. / Remember , though, / it is easy
to make promises / but when it comes to delivering the goods that is something
else again . / Let us look at the Company record / and see what The Bab-
cock & Wilcox Co . has done / -not what it promises to do, / but what it
has actually done / in this matter of wages . / In the first place, / this
company is paying top wages in Augusta . / Furthermore , / this is not
something that has happened within the last few months , / as some of you
may have been told. / You men who have worked here / 5 years or
more / -and that means one out of every four of you who are listening to
me- / know that your wages have averaged better / than those of your
neighbors and your friends . / You know that the Company , / without any
union, / has increased wages many times an the past . / You know / that we
have been first with vacation pay. / You know / that when wages were
frozen / we went to the War Labor Board four times , / during the war, / to
get increases for you / and there wasn't any CIO union around to urge us. /
There are several things to consider / when you talk about more money. /
The prices of most of the brick / that we make / are still the same / as
they were before the war. / The cost of raw materials , / such as clay
and Oil , / used in making these brick has gone up ; / and you all know / what
has happened to wages. / Today they are more than double / what they
were before the war. / As a result of these things , / some of the brick we
make- / the Juniors and K-28's especially, / are actually costing us more
money / than we are selling them for. /
(Slowly)
Now, if you were running a business / under such conditions , / paying
a good wage , / as a matter of fact paying top wages in town, / and a union
came along / and told you that you had to pay higher wages, / what would
your answer be? / Something like-Go jump in the lake / I suspect . / I know
that is what I would say , / except a whole lot stronger . / Then what hap-
THE BABCOCK & WILCOX CO. 587
pens? / The union would either have to take "no" for an answer, / or pull
it strike. / If that happens, everybody loses, / but most of all / you people
and your families will lose / The union and the company / can stand some-
thing like that a whole lot better / and a lot longer / than you can. / So when
you hear promises about more money, / think what the company has done
in the past / and remember that you are getting top pay in Augusta right
now, / without any union / and without having to pay money to anyone
else to do your talking for you. / The old proverb / -A bird in the hand /
is worth two in the bush / -is still a pretty good rule to follow. /
(Pause)
I have heard some talk / that you have been worried about short
weeks / and short pays. / If these strikes in the north keep up / we will
all be on short pay, / but if they leave us alone / we at Babcock & Wilcox /
can be sure of 48 hours a week / for a long time. /
While I am talking about pay, / I want to say a word to the women / who
are working here. / You may have been told / that if the union comes in /
you will have a better chance of keeping your jobs. / Don't be fooled by
that kind of talk. / The union cannot make jobs for anyone / except pos-
sibly the union organizers. / Business makes jobs / Business pays wages- /
not the unions. / This Company, / because it knows the business, / because
it has spent money / and time / training you to do the jobs you are now
doing, / is your bast bet for steady work /
(Pause)
Now, let us consider the second point / -Better Woi king Conditions /
Here, again, / let us look at the record / Take any department in the
plant / and compare the work today / with what you did in that same depart-
ment eight years ago. / It would take an hour / to cover all of the improve-
ments / that have been made, / so I am just going to mention a few. /
Some of you may have worked on the old plaster line / when we had to
wash the molds by hand, / outside of the building, / rain or shine, / night
or day. / Some of you / worked on the old spinning machines / for molding
insulators. / The mix was rolled in buggies. / The men who worked on this
machine / had to wear rubber boots and rubber aprons. / Still they got wet
and sloppy. / You have seen the gasoline lift trucks brought in. / They have
done away with a lot of back-breaking work. / The electric transfer cars
have done the same thing. / Here, in the Grinding Dept, / you have seen
the amount of work / and money / the Company has spent in keeping down
the dust; / in fact, some of you have even thought me entirely too fussy on
that subject. /
Let's take some of the other things / the Company has done / to make your
job more pleasant. / The new washrooms and lavatories are a good ex-
ample. / There are plans for more of these in the future. / The lunchroom
was added for your convenience. / All these things are facts, / They are
here, / they are not simply promises, / but they show you fair-minded
people, / that the Company has your interest at heart ; / that you don't need
a union / to get these things for you. / The CIO / has not been needed to
make these improvements in the past / and it is not needed to make more
improvements in the future. /
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
While I am talking about working conditions / I should mention the many
personal favors / the Company is doing to try and help you outside of the
plant. / For many years / we have had a man / whom you all know / and
who understands your pioblems /-Mr. Carmichael, /-his main job is to
help you / when you are in need / When some of you have been a little
indiscreet / and lauded in jail / lie has seen to it that you were released. /
When you have been sick / and in trouble / he has gone to see you / to
see that you had a doctor, / to loan you money to tide you over. / We don't
do much talking about these things, / but it may surprise you to know
that this company has loaned over $50,000 00 / in the past few years / to
you to tide you over such periods, / and this money has been loaned without
interest. / That is the rcco? d / and those are the facts / and you have
these things now, / without having to join a union, / to 'pay dues to a
union, / to abide by union rules. /
When you consider all these things, / do 3 ou think / that someone can
get something for you / that you cannot have for the asking, / when the
request is reasonable? / When it comes to pay, / hours and working condi-
tions, / I don't think the CIO union / can help you one bit. / In the long
run, / it may mean trouble for you, / just like it has meant trouble / for
the people in Detroit / who have already lost six weeks' pay / to suit some-
body in the CIO. / We don't want / what is happening in Detroit / to happen
here / and I don't think you want it either. /
(Emphasize)
Still, / if you decide you want the CIO / it is your business / and remem-
bei, / no matter how you vote / you ai e still Babcock & Wilcox employees /
and I'm sure still going to do my best to look after you, / but be sure that
you do vote / and be sure that you make up your mind, / one way or the
other, /on this question. / If you have any further questions / about this
matter talk / to your gang bosses, / to your foremen / or come to me- /
individually or in groups. / We want you have all the facts, / not just
rumors such as have been going around / since it started, last April. / I am
not worried about this thing / because I know / that most of you / have
the good, ordinary common sense / to think this thing out / and to vote
to keep the CI0 out, / when the election comes'/
Talk-1/23/46
(Slowly)
Two weeks have passed / since I talked to you / about the CIO Union /
that is trying to sign you up. / During that time / many of you have gone
to your foremen / and have come to me / with questions about this CIO
business. / I am glad / that you are asking these questions. / It shows /
that you here / are intelligent / and you make up your minds / from the
facts ; / that you are not fooled / by a lot of rumors, / wild statements /
and big promises / that everyone knows cannot possibly be kept. / It shows /
that you are doing a lot of serious thinking / and that you realize / how
important the voting, / Thursday week, / is to you and to your families. /
Best of all, / the questions / have brought the matter out into the open /
where we can all talk about it. /
THE BABCOCK & WILCOX CO. 589
This election / will give you / the chance to say what you want / and I am
not trying to tell you / how you should vote. / When you vote, / I won't
be in there / and Widenhouse won't be in there. / You can vote just like you
want to. /
(Slowly)
All of us / have a good thing / here with this Company. / We have good
jobs, / top pay / and vacation pay, / without any union. / We have steady
work / and good working conditions. / More than that, / we are working
for a Company / that has your interest at heart, that understands your prob-
lems ; / a Company / that has loaned you money / when you were in trouble /
and needed help. / You know / from what the Company / has done and is
doing / that there isn't another place in Augusta / where you can get what
you're getting here. / You have these things now / -without any union, /
without paying union dues, / without following union rules. / We have
these things / because we have worked together, / all of us, / to make this
plant what it is today. / I never believed / and I don't think you believe /
that it is worthwhile / to swap something that you have in your hands now /
for a pig in a bag. /
Because you know this / and because you have the good, / ordinary, /
common sense / to think this thing out, / I know / that most of you / are
going to decide that it is better to keep Widenhouse's union out of this
plant. / I meant what I said two weeks ago / and I mean it even
more today. / The CIO cannot help you here. / In the long run, / it may
mean trouble for you, / just like it has meant trouble / for the people in
Detroit, in New York, and in other places. /
(Slow)
There are still a few of you / who are leaning toward the Union / and it
is to you / that I am talking especially, today. / Some few of you / are
still dazzled by the rosy promises, / and confused by some of the things
that you may have heard. / To try and help you, / I want to give you some
more facts. / Remember, / it is easy to make promises, / but it is something
else to keep those promises, / especially if the man that made them / goes
away to try and sign up workers some place else. /
Have you ever thought of this point? / The CIO is now trying to organize
workers / they never bothered with before. / You all know / that when the
war ended / many of the plants making airplanes and tanks, / and guns and
ships / shut down. / The CIO unions / lost many dues-paying members in
those plants. / Just ask yourselves this question : / Who pays Widenhouse
and Scott, / and the other CIO bosses? / Don't you think / that the people
who are running the Union / are thinking about the thousand dollars a
month / that they hope to collect in dues from you people? / Is it any
wonder, then, / that now that they have lost so many members / that they
are looking around for new prospects? / It is not your interest, / it is your
pocketbook they are after, / so they can hold on to their jobs / and make
their living / from your money that you earn. /
With all the trouble / that has been going on in Detroit / and New York, /
and other places where the CIO is, / it should not behard to decide / which
way to vote. / Who is getting hurt in those places? / The Companies? /
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Yes. / The Unions ? / Yes / But most all, / the workers and their families
are getting hurt. Up in Detroit / they have been out for 10 weeks. / When
that strike is settled , / and I hope it is settled soon , / even though the men
get a raise , / it is going to take them / at least 2 years to get back the pay
that they lost. / By the time they catch up / they will probably be caught
again, / if they listen to the CIO bosses. /
But we don ' t have to go all the way to Detroit / to see who loses most in
a strike. / Right here in our own back yard / you have seen what happened
when the Georgia & Florida Railroad was out / Talk to any of those men /
and they will tell you / it is going to take them 1 3 years to get back the
money they lost. / And remember , / none of those people / joined a union
with the idea / that they would have to strike / And remember , also, / that
in these strikes / it isn't only the Union worker that gets hurt . / All the
workers, / whether they belong to the union or not, / are unable to get into
the plant . / That is why it is so important that all of you make up your
minds / and vote next Thursday.
I know / that you people / are not going to place yourselves / and your
families / under that kind of a union set-up ; / that you don 't want to use
up your savings / and owe the rent / and owe the grocer , / and when its all
over / find out that it will take you 2 years to get even with the board. /
You may have heard some of the CIO men tell you / that the Union is
spreading / and that all plants around here / are going to be with the CIO. /
Let me give you some facts : / Last month , / in one of the plants / of one
of the biggest building brick companies in Tennessee , / the workers voted
3 to 1 against the CIO. / Two weeks ago, / elections were held at 2 brick
plants up in Cheraw , S. C, / and among employees like yourselves. / Both
of these elections, /.were dead against the Union / and in one plant, / where
58 men voted , / 57 voted against the Union / and only 1 voted for it. / In
the other plant, / only 4 men voted for the union . / Those men knew / that
the promises made to them / by the Union could not be carried out. / And
the man / who tried to organize those two plants at Cheraw / was Scott, /
the same man who is working with Widenhouse here. /
(Pause)
Some few of you / are still asking your foremen / whether you must join
this Union . / I want to repeat what I said two weeks ago-/ No matter
how the election goes, / you do not / and will not have to join the Union
to work-here , / to get ahead , / or to hold on to your job. /
Another question which many of you are asking yourselves is: / What is
the Company going to do for us in the future? / All of us know that say-
ing /-"Judge the future by the past "; / and that is all / that I would ask
you to do. / You have seen this Company raise wages many times; / you
know that we are paying top wages ; / that we are first with vacation pay ; /
that we have always paid good wages. / And we didn 't need any union to
get all this . / You have seen the Company improve working conditions /
to make your jobs / easier and more pleasant . / The Company has loaned
money / to many of you to tide you over during periods of trouble. / All of
these things have been done without any Union, / without having Union dues
taken out of your wages / before you get your pay envelope . / That is the
'record / and those are the facts / and from them / you can best judge what
will happen in the future. /
THE BABCOCK & WILCOX CO. 591
Babcocks has always kept pace with the times / and will continue to do so /
Whatever happens / all over the country , / you can be sure that we will do
the same here . / If we do a good job, / a good day's work, / and if we work
together , / and if you help the Company , / you can be sure that the Company
will do as it has always done / -pay good wages / and continue to make
your jobs / easier and more pleasant./
(Slowly)
(Pause)
While most of you are against this Union / you should all remember / that
in older to keep it out of here / you have got to go to the voting place / and
vote against the CIO. / We have tried to give you the facts / so that you
can make up your mind from those facts /. and not from a lot of rosy
promises . / When you separate the chaff from the wheat , / I have no doubt
as to the result of the election / and that it will be against the Union, by a
big majority. /
Talk 1/28
(Slow)
During the past week , / Widenhouse has called for help / and the Union /
has sent in more organizers . / It is making its last desperate effort / to
fool you men and women / to vote for the union . / From the stand that
you people are taking , / they know / that they must turn on the heat / to
win. / So, / they've made a lot of wild statements / The closer the voting
clay / the wilder the statements seem to get. / They 've told deliberate lies /
to try and deceive you ; / they've made threats / and have done a lot of mud-
slinging . / Why? / Because when the going gets rough - / that is all
that they know how to do. / They lost two elections up at Cheraw / and they
know / that they are licked here / Thats why they are so desperately / try-
ing to stir up trouble and hate. /
(Pause)
I know that they are not fooling many of you / with that kind of talk, /
but so that we may all keep the record straight , / I want to answer some
of those wild statements . / I want to answer them plainly / and straight
from the shoulder. /
The union would have you believe / that the Company is afraid / that a
union / may force us to do more for you / than we are now doing. / They
claim that is the reason / why we are fighting to keep it out . / That is
a lie. / The union is the one doing the fighting ; / making the threats ; /
doing the mud-slinging / It is the union that started all this ; / not the
Company / and not you people. / You did not ask them to come, / they were
sent down from the North . / Most of you , today, / wish that they had left
you and us alone. /
We owe it to you, though , / to tell you what we think . / We believe / that
the reason the union is after you / is to collect money from you / for some-
thing that you already have; / for something that you can get anyway- /
without any union / We know / and we promise you / that the union can-
not force the Company / to do any more than it has done in the past / and
will do in the future. /
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(Slow)
We know, / and you know, / that in trying to use force, / unions have
shut plants , down. / We don't want to see that happen here , / because of
some men / who dont even work here / and who would not lose anything /
while you were out on strike. /
(Pause)
We want to keep the unity,/ friendship / and cooperation / that we have
had here. / The union claims to want the same thing, / but they are already
threatening many of you who are opposed to them. / What do you think of
that'/ Let me tell you / -here and now / -that so long as Babcock & Wilcox
operates in Augusta, no union will make good any threat against any of you /
You do not and will not have to join any union to work here /
(Pause)
The union would have you believe / that Babcocks came to Augusta / be-
cause wages were low here. / You know, / even before I tell you, / that is not
true. / It shows that the union organizers / either know nothing about our
business , / or have no regard for the truth You all know / that the main.
thing we use in making our brick / is kaolin /-the chalk that conies from
Hephzidah, / only a few miles from here. / That's why we are here. / The
kaolin we need is in Georgia. / This is a sample / of the kind of talk / the
union has been handing out. / Can you have any trust in a man / who is
either so dumb / about your business, or deliberately hides the facts? /
You may have heard / that the union has guaranteed to get you a raise. /
That is another wild statement that they cannot make good. / Who is going
to back up that statement? / When Babcocks tells you something / you know
you can believe it. / When a union organizer tells you something, / how can
you depend on it? / The union does not pay wages / -they collect dues. / We
are paying top wages in Augusta now / -we have always paid good wages /
and no union can get a raise for you / that the Company will not give you
anyway, / without a union. / The CIO hasn't been needed to get you raises
in the past / and won't be needed to get you raises in the future. /
(Slow)
Unions do not pay wages, / but by making unreasonable demands / they
can / and do / force strikes. / That can happen right here. / If it does, /
everybody loses, / but most of all / you people and your families / will lose. /
The union and the Company can stand something like that / a whole lot
better / and a lot longer / than you can. / That's what is going on in Detroit
and Pittsburgh, / and the other places where the CIO is. / Many of those
people have lost almost three month's pay. / And what are they getting for
it? / They walk up and down in front of closed plants / in the snow / and
the cold / and the rain, / and maybe they get a sandwich and a cup of coffee. /
Maybe they'll get some more pay / when the CIO gets tired of it / and lets
them go back to work. / But it is going to take them two / and maybe three
years of hard work / to make up for what they've already lost. /
THE BABCOCK & WILCOX CO. 593
(Pause)
While I am talking about wages, / let me tell you / that we have checked one
of the plants here in Georgia / where this particular union / has organized
the workers. / We found that after about two years of paying union dues, /
the workers in that plant / are not making as much money as you people here.
The union would have you believe / that the Company is a foreign or-
ganization- / that they have no interest in you / or the community in which
you live. / That it is a greedy monster / taking everything and giving
nothing. / That, too, is a he. / This Company / is the largest and oldest
American boiler company. / This plant, / during the past 17 years, / has
been a pretty good thing for you. / By its coming here / many of you
are better off. / A great many of you / have seen it start from almost
nothing; / in fact, many of you helped to put up the buildings and new equip-
ment / as the plant grew from year to year. / Today, Babcocks is the largest
employer / of colored help here in Augusta. / Many of you / have bought
homes / and raised your children / on what you earned here. /
The Company has contributed many thousands of dollars / to worthwhile
community activities / such as the hospital, / Paine College, / the Y. M. and
Y. W. C. A. / -both white and colored, / and many others. / It pays a lot
of money / in taxes to Richmond County / to support the schools, / the roads /
and the local Government. / And yet, / Widenhouse-Scott & Co. / say
that we are Public Enemy #1. / Who are they / to say such things? /
The union would have you believe / that your bosses and the officials of this
Company are your enemies. / You know that is not true. / You know that
men like Mr. Carmichael, / Mr. Happy / and others / who have been here all
their lives, have always taken care of you / You know these men / and
what they can / and will do for you, / but you don't know what the CIO man,
can do for you. /
Since the war ended, / the CIO has lost thousands of members / They
have to do something now / to get new members, / or else lay off a few union
bosses and organizers. / Then maybe they'll have to go to work. / Maybe
that's why / you are hearing some of those wild statements and wild
promises. /
The nearer we come to the time to vote / the more desperate the union will
get / -the more lies they will tell about us / and the more they will promise
you. / Don't be fooled by that sort of talk. / Look at the record / of what
this Company has done / Compare what you have here now / with what
your friends and neighbors / are getting any place else in Augusta. / Re-
member, too, / we are still woi king at war-time pace / and all of us / enjoy
many privileges under our present way of doing things. / We don't want
you to get hurt / and do something that you will feel sorry for / later on. /
Remember, Babcocks owns this plant / -not the union. / Babcocks will
continue to run this plant- / not the union / Babcocks will continue to
pay good wages / and when raises come / Babcocks will do the same. / To
vote against the CIO / vote on the right side of the ballot. /
594 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
Talk 1/30/46
(Slow)
Tomorrow is the day to vote. / I've already told you / how I feel / about
this CIO business / and I know all of us will be glad when the election is
over, / and we can talk about something else. /
There are some points / about the voting tomorrow, / that I want to
explain. / The voting will start at 7: 00 o'clock in the morning. / so that
the men on the midnight shift / will have a chance to vote % before they go
home / When you come to work, tomorrow, / go directly to your jobs, / as
usual. / You will all be given plenty of time / to vote during working hours. /
Some of you / may have to wait until other departments are finished vot-
ing, but don't worry about it, we'll tell you when your turn conies / and you
will have all the time you want. /
If you are not working tomorrow / you should still come in and vote, / be-
eause this election / means a whole lot to you / and your families. / It
won't take long / and you can come in any time between 7: 00 o'cloi k in
the morning / and 7: 00 o'clock at night. / When you come in, / go to
your foreman first / and lie will tell you where to go to vote. /
We have put the voting place / between the Kiln Building and the Hand-
mold Shop / In this voting place / there'll be five men / -four of whom
work here / and the other man is the Board man / You tell them your
name / and they'll give you a ballot / This ballot they give you / is the
only one that counts / -don't try to use any other. / The ballot will look
like the ones on signs around here, / but it will be a different color. /
There are two little squares / at the bottom of the ballot. / The square
on the left side says "Yes", / -that's the CIO Square / The square on the
right side / is the "No" square, / and is against the CIO. / If you don't want
Widenhouse / and the CIO / you put your cross / in the square on the
right side. / If you want the CIO / you put your cross in the square on the
left side. / I hope that you all will put your cross / on the right side / and
vote "No".
The Board man is there to help you / He doesn't care how you vote; / all
he wants / is to see that you have a chance to rote your own way / It
doesn't matter how many cards / you may have signed / They don't mean
a thing / -the only thing that counts is the way you vote tomorrow. /
(Slow)
A lot of big promises / and terrible threats / have been put out by the
union. / The closer the voting day / the wilder they get / They remind me
of the story / about the Dian / who went around promising people / a feather
pillow / when all that he had / was a goose egg, / that came from a yard /
where there wasn't any gander. / You've got too much sense / to be fooled by
such promises / or threats. / When it comes to pay, / you know that Bab-
cock's / pays the wages / -not the CIO / You know / that when Babcock's
says it is going to pay good wages / it is going to stand by it, / and when raises
come you'll get yours, / without any union. / I tell you, now, / that the
Company has no thought of cutting your rate of pay, / as the union would
have you believe. /
THE BABCOCK & WILCOX CO. 595
Most of you / have already made up your minds / and know what you
are going to do. / You all know / what your friends over at Merry Brothers /
(lid yesterday . / They told Widenbouse , / by a vote of 190 to 76, / that they
didn't want the CIO. / From the stand that you people are taking, / I
know / that you are going to tell Widenhouse the same thing / Only let's
do it even better / than they did at Merry 's / -instead of voting 190 to 76
against the CIO, / make it at least 10 to 1 here. /
Let's all get on the band wagon / We never needed a union before, /
and we need it less now. / The men at Merry Brothers / saw that yesterday, /
and I know that you feel the same way. /
(Slow)
A few years ago, / the workers at Riverside Mil, / here in town , / tried
the CIO / They found / that the union could do them no good, / and forced
it out. / You are not going to let Widenhouse , / Scott and the rest of that
crew / come between you and us . / It is your turn now ; / when you are
called tom,oriow, / let your ballots speak for themselves. /
(Pause)
I'm proud of this Company / and I'm proud of the men and women /
who work for Babcock's. / You stand for something in the community. /
Let's keep standing for something. / Let's go and keep making this plant /
the best plant in Augusta to work in. / We need you / and you need us. /
We'll all know how we came out, / tomorrow night, / and I'm going to
thank each of you, / in advance, for voting. / We hope you know / that you
and the Company / will always have the good feeling we have had in the
Past. / Let's be right, / and let's vote right. / Check "No" / on the right
hand side of the ballot. /
Conclusions
Standing individually, Claus' statements in his speeches to the employees and
statements of Claus and Lemar in private conversations with Kettles before
the election, though openly anti-Union, contain no language that on the surface
exceeds the bounds of free speech If they constitute a violation of the Act,
it is because coercu,u is to be imputed to them from the circumstances under
which they were uttered and which affect their meaning
In Matter of Cc 1, Bros Co., Inc ,1B the Board held that compulsory attendance
of employees at oo anti-union speech by the employer, (luring working time paid
for by the emph,yer, constituted interference, restraint, and coercion within the
meaning of the Act. The Respondent, in its brief to the Trial Examiner, argues
that the attendance of the employees at Claus' speeches was not compulsory
since precatory language was used in the announcements. Each of the announce-
ments stated that "employees are asked to come to the Grinding Department"
to hear the speeches. In form this is a request, but it is more than an invitation.
For the employees on the shift for which the speech was given, it was a polite
command. Had an invitation alone been intended, some indication of option
should have been used. There was nothing in the notice of January 9 even
16 70 N. L R. B. 802.
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to indicate that the "short talk regarding a matter of importance to all of us"
was not one in which Claus intended to discuss some matter of business. If
that had been the case, it is not to be expected that the employees would be
given any choice in the platter. Furthermore, the exclusion of the kiln tenders
suggests that no other employees were to be excused. But if any of the notices
should be construed as optional, the directions of supervisors apparently left
no choice" While the witnesses who testified to being notified of the speeches
by their supervisors testified that the supervisor did not say that they "had to
go," the supervisor apparently used language which assumed that they had no
choice. Willie Curtis testified that when Assistant Foreman Scott announced
the speech, "he told us, says we would knock off at 7: 30 and go down in the
grinding room and Mr. Claus is going to make a speech." As related by Luvenia
Hunt Spry, Scott told them that Superintendent Claus was going to make a
speech "and all of us go down and hear him." The undersigned concludes and
finds that the employees did not understand that attendance at the speeches was
optional. The decision in the Clark Bros. case is, therefore, controlling here.
But independently of the compulsory audience aspect of the case, Superin-
tendent Claus' speeches are objectionable when considered in the totality of
circumstances. In only one of his speeches, the first, did Claus reassure the
employees that his opposition to the Union would result in no change of treat-
ment if they chose the Union as their representative. On subjects of economic
welfare, employees are keen to obserce subtleties in the expressions of the one
who holds the greatest power over their economic destinies . " A dropping of
such reassurance from the speeches after the first may well have had significance
to those acutely conscious of such subtleties Because of his economic power
over employees, an employer should undertake effectively to dispel, so far as
feasible, the coercive influence which the employees' consciousness of that power
and the employer's expressions of bias combine to create.
Conceding the employer's privilege to express his bias against unions, when
he takes advantage of the recognized privilege to work it into a concerted cam-
paign of opposition to the organization of his employees, he stretches it to the
point where he assumes the risk of its becoming coercive in character.19 In
17 This does not apply to Lemar's statement to Kettles that he would like to have him
hear a speech by Claus which was scheduled to be given on a shift after Kettles' shift was
through and when Kettles was no longer on company time
11 To an employee listening to an anti-moon speech by his employ er, the language of Claus'
second speech-"If we do it good job, a good day's woik, and if we work together, and if
you help the Company, [emphasis added] you can be sure that the Company will do as it
has always done-pay good wages and continue to make your jobs easier and more pleas-
ant."-might easily be interpreted to mean that, if the employees wanted to continue to
iecene benefits, they should do as the Respondent wanted them to do, i e vote against the
Union
10 "The sanctions of the Act are imposed not in punishment of the employer but for the
protection of the employees. The employ er in this case is as free now as ever to take any
side it may choose on this controversial issue But, certainly, conduct, though evidenced
in part by speech, may amount in connection with other circumstances, to coercion within
the meaning of the Act. If the total activities of an employer restrain or coerce his em-
ployees in their fiee choice, then those employ ees are entitled to the protection of the Act
And in determining whether a couise of conduct amounts to restraint of coercion, piessuie
exerted vocally by the employer may no more be disregarded than pressure in other ways
For `Slight suggestions as to the employer's choice between unions may have telling effect
among men who know the consequences of incurring that employer's strong displeasure
N L. R B v Virginia Electric