Chicopee Manufacturing Corp.

National Labor Relations Board - Board Decisions

Nov 18, 1953

107 N.L.R.B. 106 (N.L.R.B. 1953)

106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer 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 at the Employer's
St. Louis, Missouri, plant including shipping clerks, but
excluding office clerical employees, engineers, draftsmen,
and supervisors as defined in the Act.9
[Text of Direction of Election omitted from publication.]
9This is substantially the unit convered by the contract of the Employer and the UE. The
parties seem to be in agreement on its appropriateness.
CHICOPEE MANUFACTURING CORPORATION and TEXTILE
WORKERS UNION OF AMERICA ( CIO), Petitioner. Case
No. 13 -RC-3325. November 18, 1953
DECISION AND CERTIFICATION OF RESULTS
On May 8, 1953, pursuant to a stipulation for certification
upon consent election, an election by secret ballot was con-
ducted under the direction and supervision of the Regional
Director for the Thirteenth Region, among employees at the
Employer's Bensonville, Illinois, plant, in the stipulated
unit.
Upon the completion of the election, the Regional Director
duly issued and served on the parties a tally of ballots, which
showed that of approximately 27 eligible voters, 11 voted for
the Petitioner, 14 voted against the Petitioner, and no ballots
were challenged.
On May 11, 1953, the Petitioner filed objections to conduct
affecting the results of the election. On July 3, 1953, the
Regional Director issued his report on objections recommend-
ing that all objections except objection 1 (a) be overruled and
that a hearing be held on all issues raised by objection 1 (a).
On July 27, 1953, the Board issued its order adopting these
recommendations and directing that the hearing officer desig-
nated for the purpose of conducting the hearing prepare, and
cause to be served upon the parties, a report containing
resolutions of credibility of witnesses, findings of fact, and
recommendations to the Board as to the disposition of the
objections.
On August 17, 1953, pursuant to the orders of the Board,
a hearing was held before Hubert J. Sigal, hearing officer.
On October 9, 1953, the hearing officer issued and caused
to be served upon all parties his report on objections, with
findings and recommendations. The hearing officer found that,
107 NLRB No. 31.
MOSCOW IDAHO SEED COMPANY, INC. 107
by certain conduct, more specifically referred to hereinafter,
the Employer had interfered with the employees' free choice
of a bargaining representative in the election of May 9, 1953.
He therefore recommended that the election be set aside.
The Employer has excepted to the hearing officer's credibility
findings and recommendations. Based upon the entire record
in the case, i the Board makes the following findings.
The hearing officer found (1) that Plant Engineer Halloway
told employee Wagner, on May 1, 1953, that the Chicopee
Manufacturing Company could not pay the same wage scales
as the Petitioner had obtained at Personal Products Company,
also a subsidiary of Johnson & Johnson Corporation, and
that "if the union won, they would be forced to move the plant;"
and (2) that Shift Foreman Oliveira, in conversations with
employee Baker, stated that the Employer "could move the
plant if they so desired." Assuming that these statements
were in fact made, we find that they do not warrant setting
aside the election. We view these statements, under the cir-
cumstances, as nothing more than predictions of the possible
impact of wage demands upon the Employer's business. A
prophecy that unionization might ultimately lead to loss of
employment is not coercive where there is no threat that the
Employer will use its economic power to make its prophecy
come true.2
In view of the above findings, we hereby overrule the
Petitioner's objections to conduct affecting the results of the
election. As the Petitioner failed to secure a majority of the
valid ballots cast, we shall certify the results of the election.
[The Board certified that a majority of the valid ballots
was not cast for Textile Workers Union of America (CIO)
and that the said labor organization is not the exclusive
representative of the employees of the Employer in the unit
stipulated to be appropriate.]
i The Employer's request for oral argument in support of its exceptions to the hearing
officer's report on objections is hereby denied, because the record, report, briefs, and
exceptions adequately present the positions of the parties.
2See Mylan- Sparta Company, Inc., 78 NLRB 1144; Electric Steel Foundry, 74 NLRB 129.
MOSCOW IDAHO SEED COMPANY, INC. and JOE ADRIANSEN,
Petitioner and INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, LOCAL UNION NO. 551. Case
No. 19-RD-66. November 18, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before E. R.
Ormsbee, hearing officer. The hearing officer's rulings made
107 NLRB No. 35