Cornell-Dubilier Electric Corp.

National Labor Relations Board - Board Decisions

Dec 29, 1952

101 N.L.R.B. 1483 (N.L.R.B. 1952)

CORNELL-DUBILIER ELECTRIC CORPORATION 1483
CORNELL -DUBILIER ELECTRIC CORPORATION and INTERNATIONAL BROTH-
ERHOOD OF ELECTRICAL WOR$ERs, AFL, PETITIONER . Case No. 11-
RC-370 (formerly 34-RC-070). December 29, 1952
Supplemental Decision and Order
On July 24, 1952, pursuant to a Decision and Direction of Election
issued by the Board, an election by secret ballot was conducted under
the direction and supervision of the Regional Director for the Eleventh
Region, among the employees in the unit found to be appropriate.
Upon completion of the election, a tally of ballots was issued and
duly served upon the parties. The tally shows that of approximately
233 eligible voters, 232 cast valid ballots, of which 91 were for the
Petitioner, and 141 against.
Thereafter, the Petitioner filed timely objections to the election and
the Employer filed an answer thereto. On October 29, 1952, the Re-
gional Director issued his report on objections, in which he found
merit in the Petitioner's objections and recommended that the election
be set aside. Thereafter, the Employer duly filed exceptions to the
Regional Director's report.
Upon the entire record in the case, the Board I finds :
The Petitioner objected to the election, alleging that the Employer,
in a speech made to its employees on the day of the election, threatened
to close the plant in the event the Petitioner won the election. The
Petitioner also objected to the Employer's refusal to permit the Peti-
tioner to make a speech under the same conditions. The record shows
that the election was scheduled for July 24, 1952, at 3: 30 p. in. On
that day, at about 11: 45 a. in., the Employer, on company time and
property, addressed the employees concerning the election, indicating
that the interests of the employees would best be served by a rejection
of the Petitioner. At about 1: 05 p. in. on the same day, the Petitioner
asked the Employer for a similar opportunity to address the employees,
but was refused.
The Board, while not finding the speech coercive in content, like the
Regional Director, finds that the Employer interfered with the elec-
tion by utilizing company time and property for electioneering pur-
poses, while denying the Petitioner the same forum for a like use.
The right of an employer under Section 8 (c) of the Act to express his
views on unionization does not include an absolute privilege to engage
in indiscriminate campaigning before a Board election. The Board
has held that an employer who chooses to deliver a preelection speech
a Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three-member panel
[ Chairman Herzog and Members Murdock and Peterson].
101 NLRB No. 209.
1484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on union activities to his employees on company time and property
may well destroy the laboratory atmosphere which the Board must
maintain in its election proceedings, if he denies a union 's request
for a similar forum.2
Accordingly, we shall adopt the Regional Director 's finding that
the Employer interfered with the employees ' freedom of choice in the
selection of a bargaining representative , and shall order that the
election of July 24, 1952, be set aside . Further, we shall direct the
Regional Director to conduct a new election at such time as he deems
appropriate.
Order
IT IS HEREBY ORDERED that the election of July 24, 1952, be, and it
hereby is, set aside.
IT Is FURTHER ORDERED that this proceeding be remanded to the Re-
gional Director for the Eleventh Region for the purposes of conduct-
ing a new election at such times as he deems the circumstances permit
a free choice of a bargaining representative.
2 The Muter Company, 101 NLRB 287; John Irving Stores of Chicago , Inc., et al, 101
NLRB 82; Onondaga Pottery Company, 100 NLRB 1143 ; The Hills Brothers Company,
100 NLRB 964; Metropolitan Auto Parts , Incorporated, 99 NLRB 401.
AFFILIATED BAKERS CORP. and LOCAL 262, UNITED BAKERY, CONFEC-
TIONERY, CANNERY, PACKING AND FOOD SERVICE WORKERS OF NEW
JERSEY, RWDSU, CIO, PETITIONER . Case No. 2-RC--5214. Decem-
ber 29, 1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Max Dauber, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. The Petitioner filed its petition with the Board on October 1,
1952. The Intervenor, Local 84, Bakers & Confectionery Workers
International Union, AFL, and the Employer assert that this peti-
101 NLRB No. 219.