Dallas City Packing Co.

National Labor Relations Board - Board Decisions

Sep 21, 1954

110 N.L.R.B. 8 (N.L.R.B. 1954)

8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tute a separate appropriate unit, and the Regional Director conducting
the election directed herein is instructed to issue a certification of rep-
resentatives to the Petitioner for the employees in the above voting
group, which the Board, under such circumstances, finds to be an ap-
propriate unit for the purposes of collective bargaining. On the other
hand, if a majority of the employees in the voting group vote for the
Intervenor, the employees in the voting group will remain in the
overall bargaining unit and the Intervenor may bargain for the em-
ployees in the above-named categories as a part of the group which
it currently represents, and the Regional Director conducting the
election is instructed to issue a certification of results of election to
such effect.
5. The Employer's operations at plant 41-A are seasonal. At 'the
time of the hearing, which was held on March 24, 1954, there was a
high level of employment in the enameling and decorating depart-
ment, but not throughout the plant. Normally, however, in all de-
partments, the Employer's peak season extends from about October 1
to June 1, and its slack season extends during the remainder of the
year. Although the positions of the parties are not entirely clear on
this point, it appears that they agreed that the Regional Director,
after consultation with the parties, should select an eligibility date
which would insure participation in the election by the maximum
number of the employees concerned. Under these circumstances, we
shall direct that the election be held during the next peak season, on
a date to be determined by the Regional Director, among employees
in the voting group described above who will be employed during the
payroll period immediately preceding the date of issuance of the
notice of election.
[Text of Direction of Election omitted from publication.]
MEMBERS MURDOCK and RODGERS took no part in the consideration
of the above Decision and Direction of Election.
MILTON RUBIN, MRS. ROSE RUBIN, HERMAN WALDMAN, BERNICE
WALDMAN, D/B/A DALLAS CITY PACKING COMPANY and AMAL-
GAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA,
LOCAL 528, PETITIONER. Case No. 16-RC-1458. September 91,
1954
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Election i dated June 22,
1954, an election by secret ballot among employees of the Employer in
i Not reported in printed volumes of Board Decisions and Orders.
110 NLRB No. 4.
DALLAS CITY PACKING COMPANY 9
the unit found appropriate was conducted under the direction and
supervision of the Regional Director of the Sixteenth Region. The
tally of ballots shows that 34 votes were cast for the Petitioner, 31
votes were cast against the Petitioner, and 1 ballot was challenged.
Thereafter, the Employer filed timely objections to the election, alleg-
ing in substance that the Petitioner interfered with the free choice of
a, bargaining representative in that : (1) representatives of the Peti-
tioner, standing outside the entrance of the Employer's gate and about
3 hours before voting time, handed to employees pamphlets containing
preelection propaganda ;2 and (2) that Diamond Watson, the Peti-
tioner 's observer for the election, was also, in fact, an organizer for
the Petitioner.
After an investigation, the Regional Director, on August 3, 1954,
issued his report on objections, in which he found that the objections
of the Employer were without merit, and recommended that the ob-
jections be overruled. Thereafter, the Employer filed timely excep-
tions to the Regional Director's report, in which it urges that the
Board set aside the election or direct a hearing on the objections.
We find, in agreement with the Regional Director, that the distribu-
tion of the pamphlets to employees on their own time by represent-
atives of the Petitioner standing outside the plant gate 3 and com-
pleted about 3 hours before voting time, did not constitute electioneer-
ing during the course of the election at or near the polling place ;4 nor
did it violate the rule enunciated in the Peerless Plywood case.5
Furthermore, as we are of the opinion that the pamphlets 6 did not
impair the ability of the employees to evaluate the propaganda as to
make impossible a free election, we find that the pamphlets did not
exceed the bounds of permissible preelection propaganda.?
Concerning the Employer's second objection, the Regional Director
found, contrary to the Employer's contention, that Watson, an em-
ployee of the Employer, held no official position in the Petitioner,
either elective or appointive. Nevertheless, assuming that Watson
was an official of the Petitioner, such status itself would not render
2 The Employer , apart from urging that the distribution of the pamphlets is an improper
act of electioneering, apparently contends that the distribution amounts to a preelection
speech under the Board 's rule prohibiting such speeches within 24 hours preceding the
election. See Peerless Plywood Company , 107 NLRB 427.
3 Although the election was held inside the plant there is nothing to indicate the dis-
tance from the gate to the polling place. The record does not disclose that there had
been any specific "no electioneering area" designated here
* See Allen -Morrison Sign Company , Incorporated, 104 NLRB 1063, Underwood Corpo-
iation, 108 NLRB No 199.
i See Underwood Coi poration, footnote 4, supra
The pamphlets attacked the Employer 's election circular as intimidating and under-
handed and contained an implied accusation that the Employer had committed "highway
robbery" because of the inadequacy of its wage scale.
7,See International Smelting and Refining Company, Raritan Copper Works, 107 NLRB
27 ; Merck d Co , Inc ., 104 NLRB 891
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
him unqualified as an election observer." Accordingly, we agree with
the Regional Director that Diamond Watson was a- qualified observer.
In view of the foregoing and for reasons set forth in the Regional
Director's report, we find that the Employer's objections raise no sub-
stantial or material issues. We, therefore, adopt the Regional Di-
rector's recommendations and overrule the Employer's objections.
Accordingly, because the tally of ballots shows that the Petitioner
received a majority of the valid votes cast,' we shall certify the Peti-
tioner as the collective-bargaining representative of the employees in
the appropriate unit.
[The Board certified the Amalgamated Meat Cutters and Butcher
Workmen of North America, Local 528, as the designated collective-
bargaining representative of the employees in the unit hereinabove
found appropriate.]
MEMBER MURDOCK took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
8 Soerens Motor Company, 106 NLRB 1388 ; N. L. It. B. v. Huntsville Mfg. Co., 203 F.
2d 430 (C. A. 5).
9 The challenged ballot is insufficient to affect the results of the election.
SUNSHINE BISCUITS , INC.' and BAKERY AND CONFECTIONARY WORKERS'
INTERNATIONAL UNION OF AMERICA, AFL, PETITIONER. Case No.
10-RC-2719. September 22,195.¢
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 David L. Trezise, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed .2
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.'
1 The Employer ' s name appears as amended at the hearing.
2 The hearing officer referred to the Board the Employer 's motion to dismiss the petition
on the basis that no evidence was adduced at the hearing to show that the Petitioner and
the Intervenor were in compliance with Section 9 (f), (g), and ( h) of the Act. As the
Board has repeatedly held, compliance is a matter for administrative determination and
is not litigable by the parties at the hearing . Moreover , we are administratively advised
that the Petitioner and the Intervenor have fully complied with the filing requirements
of the Act. Accordingly, we hereby deny the Employer's motion. See Coca-Cola Bottling
Company of Louisville , Inc., 108 NLRB 490.
3 The Employer neither admits nor denies that it is engaged in commerce . The Em-
ployer's Columbus , Georgia , plant , at the time of the hearing, had been in operation for
approximately 4 months and had made direct out -of-State sales of approximately $350,000
in value . We find that the Employer is engaged in commerce within the meaning of the
Act and that it will effectuate the policies of the Act to assert jurisdiction in this case.
110 NLRB No. 2.