Bird Machine Co.

National Labor Relations Board - Board Decisions

Feb 6, 1947

72 N.L.R.B. 443 (N.L.R.B. 1947)

In the Matter of BIRD MACHINE COMPANY, EMPLOYER and
UNITED
STEELWORKERS OF AMERICA, CIO, PETITIONER
Case No. 1-R-99443
SUPPLEMENTAL DECISION
AND
DIRECTION
February 6, 1947
Pursuant to a Decision and Direction of Election issued on May 8,
1946,1 all election by secret ballot was held on June 6, 1946 , under the
direction and supervision of the Regional Director for the First
Region . Upon the 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 238 eligible voters, 92,cast
votes for the United Steelworkers of America , CIO (herein called
the Union ), 113 cast votes against the Union, 23 voted under chal-
lenge, and there was 1 void ballot.
On June 10, 1946, the Union filed objections to the conduct of the
election alleging that the Employer required its employees to go to
the polling place to vote and that it furnished transportation for that
purpose between the plant and the election site; ( 2) that the Em-
ployer mailed a letter discussing the forthcoming election to each of
its employees , which letter allegedly interfered with the employees'
freedom of choice in the election ; and (3 ) that the Employer by
"other acts and statements" prevented a free and fair election.
In a Report issued on August 1, 1946 , the Regional Director found
no merit in objections ( 1) and ( 3), above. No exceptions having been
filed to these rulings, we hereby adopt the Regional Director 's recom-
mendation thereon. The Regional Director did find, however, that
the second objection warranted setting aside the election . The Em-
ployer has filed exceptions to this ruling.
The Regional Director found that the Employer 's pre-election letter
was not itself coercive, but that it interfered with the employees'
freedom of choice in view of an unremedied discriminatory discharge
1 67 N. L. R B 1246
72 N. L. R. B, No. 81. 443
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of one employee in May 1944.2 In the absence of intervening unfair
labor practices, and there is no showing of such unlawful conduct
in the present case, we are of the opinion that the effect of a single
discriminatory discharge is too remote a circumstance to convert an
uncoercive document issued 2 years later into the basis for setting aside
an election." Accordingly, we hereby overrule the Union's objections
to the conduct of the election and shall direct that the Regional Direc-
tor issue a Supplemental Report, including therein his recommenda-
tions concerning the disposition of the challenged ballots.4
DIRECTION
IT IS HEREBY DIRECTED that the Regional Director for the First
Region investigate the challenged ballots, and issue a Supplemental
Report, including therein his recommendations as to the disposition
of the 23 challenged ballots of the electron held on June 6, 1946, among
employees of the Bird Machine Company, Walpole, Massachusetts.
MR. JA31ES J. REYNOLDS, JR., took no part in the consideration of the
above Supplemental Decision and Direction.
2 The Board's decision in this matter was issued on January 1, 1946 ( Matter of Bird
Machtine Company, 65 N L. R B 311).
3 Compare Matter of American Laundry Machinery Company, 57 N L. R B 25 , enforced
152 F (2d) 400 (C. C A. 2) ; and Matter of Peter J Schweitzer, Inc, 54 N. L. It. B. 813,
enforced 144 F (2d) 520 (A D C )
4 As indicated above , the challenged ballots may affect the results of the election.