Williamson-Dickie Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 17, 1953

104 N.L.R.B. 188 (N.L.R.B. 1953)

188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WILLIAMSON - DICKIE MANUFACTURING COMPANY and
AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO,
Petitioner . Case No. 16-RC-1163. April 17, 1953
SUPPLEMENTAL DECISION AND ORDER
On November 13, 1952, pursuant to the Board's Decision and
Direction of Election, tan election by secret ballot was conducted
under the direction and supervision of the Regional Director
for the Sixteenth Region among certain of the Employer's
employees, to determine whether or not they wished the Peti-
tioner to represent them in collective bargaining. A tally of
ballots furnished the parties after the election showed that of
approximately 1,380 eligible voters, 1,289 cast valid ballots,
of which 463 were for and 826 against the Petitioner. The tally
also showed that there were 13 void ballots and 29 ballots which
were challenged.
On November 14, 1952, the Petitioner filed timely objections
to the election, and, on November 20, 1952, filed a supplement
to said objections. The objections alleged that the Employer
had engaged in improper conduct which affected the results of
the election.
On February 26, 1953, the Regional Director issued his
report on objections, in which he recommended that the election
be set aside on the ground that the Employer had interfered with
the election when it made antiunion speeches prior to the elec-
tion on company time and property and did not afford the
Petitioner, upon request, equal opportunity to address the
employees. The Employer has filed exceptions to the Regional
Director's report.
The Board finds, as did the Regional Director, that the Em-
ployer interfered with the election. While both the Employer
and the Petitioner had opportunity to contact and persuade
employees concerning the issues of the election through various
media, nevertheless, as the Employer used company time and
property to present its position to the employees while denying
a similar opportunity to the Petitioner, the employees were no
longer able "to hear both sides of the story under circumstances
which reasonably approximate equality."2 As the Employer
thereby interfered with the employees' freedom of choice in
the selection of a bargaining representative, we shall direct that
the election of November 13, 1952, be set aside and that the
Regional Director conduct a new election at such time as he
deems appropriate.
ORDER
IT IS HEREBY ORDERED that the election of November 13,
1952, be, and it hereby is, set aside.
t Not reported in printed volumes of Board decisions.
:Onondaga Pottery Company , 100 NLRB 1143; Metropolitan Auto Parts, incorporated, 99
NLRB 401; National Screw & Mfg. Co. of Cal. 101 NLRB 1360.
As this action of the Employer is sufficient to set the election aside we shall not consider
the various other objections of the Petitioner.
104 NLRB No. 29.
KENOSHA LIQUOR COMPANY 189
IT IS FURTHER ORDERED that this proceeding be remanded
to the Regional Director for the Sixteenth Region for the purpose
of conducting a new election at such time as he deems that the
circumstances permit a free choice of a bargaining repre-
sentative.
Chairman Herzog and Member Murdock took no part in the
consideration of the above Supplemental Decision and Order.
KENOSHA LIQUOR COMPANY;METROR-K, INCORPORATED;
MATAGRANO'S, INC.; A & K BEVERAGES, INC.; SAM
GEROLMO d/b/a GEROLMO WHOLESALE BEVERAGE
COMPANY; RACINE BEVERAGE COMPANY, INC. and IN-
TERNATIONAL UNION OF UNITED BREWERY, FLOUR,
CEREAL, SOFT DRINK AND DISTILLING WORKERS OF
AMERICA, CIO, Petitioner. Cases Nos. 13-RC-3132, 13-RC-
3133, 13-RC-3134, 13-RC-3135, 13-RC-3136, and 13-RC-
3137. April 17, 1953
DECISION, ORDER, AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, separate hearings were held in
each of the above listed cases before Virginia M. McElroy,
hearing officer. The hearing officer's rulings made at the
hearings are free from prejudicial error and are hereby af-
firmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with these cases
to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in these cases' the Board finds:
1. The Employers, Kenosha Liquor Company, A & KBever-
ages, Inc., and Racine Beverage Company, Inc., all of which
are wholesale distributors of alcoholic beverages in Kenosha,
Racine, and Walworth counties, Wisconsin, are engaged in com-
merce within the meaning of the Act.2
Metro R-K, Incorporated, Matagrano's, Inc., and Gerolmo
Wholesale Beverage Company are also wholesale distributors
of alcoholic beverages. All three sell only in Wisconsin.
Metro R-K's total annualpurchases are approximately $760,000
of which 25-30 percent is for goods received from outside the
State of Wisconsin. Eighty percent of Metro R-K's purchases
consist of nationally advertised brands of liquor produced by
Hiram Walker, Schenley Distilleries, and Stitzel Weller Distil-
leries.' Metro R-K sells these brands only in Kenosha, Racine,
1 The Board has considered these 6 cases together because in all of them 1 or more of the
parties , including the Petitioner , urge that the appropriate unit is a single unit comprising
certain employees of all 6 Employers.
2 Federal Dairy Co., Inc., 91 NLRB 638.
,All purchases of Hiram Walker products and an undisclosed percentage of the purchases of
Schenley products -are reflected in the $190,000-$228 , 000 paid for produce shipped directly to
104 NLRB No. 5.