Gastonia Weaving Co.

National Labor Relations Board - Board Decisions

Mar 27, 1953

103 N.L.R.B. 1200 (N.L.R.B. 1953)

1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
GASTONIA WEAVING COMPANY and UNITED TEXTILE WORHYRS OF AMER-
ICA, AFL, PETITIONER . Case No. 11-RC-201 (Formerly 34-RC-
201). March 27,1953
Second Supplemental Decision and Order
On December 19, 1952, pursuant to the Board's Supplemental Deci-
sion and Order 1 and Direction of Second Election 2 an election by
secret ballot was conducted, under the direction and supervision
of the Regional Director for the Eleventh Region, among the Em-
ployer's production and maintenance employees at its Gastonia, North
Carolina, plant, to determine whether or not the said employees wished
the Petitioner to represent them in collective bargaining. 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 164 eligible voters, 76 voted for,
and 83 against, the Petitioner, and 5 ballots were challenged.
Thereafter, on December 24, 1952, the Petitioner filed timely objec-
tions alleging that the Employer had engaged in conduct affecting a.
free choice in the election.
On February 12,1953, after investigating the objections, the Acting
Regional Director issued his report on objections which contains the
following facts :
On December 9, 1952, the Petitioner, by letter, requested the Em-
ployer to afford the Petitioner an opportunity to reply to any pre-
election speech the Employer might make to the employees on its
premises.
No reply was made to the Union's request.
On December 18, 1952, at 1: 30 p. m., the Employer assembled its
employees in the inspection room of its plant. Robert Reis, secretary
of the Employer, made a speech in regard to the election to be held the
following morning. At the completion of Reis' speech, one of the
employees present asked if he could speak to the employees on behalf
of the Union. Reis rejected this request.
At 9:15 p. m., December 18, 1952, the Employer assembled its
second-shift employees in the inspection room of the plant. Reis
spoke to the assembled employees urging them to vote against the
Petitioner and reciting the benefits the employees had received from
the Employer without the aid of any union.
At 1: 15 a. m., on December 19, 1952, Reis made a similar speech
to the third-shift employees in the inspection room of the plant.
On the basis of the facts set forth above, the Acting Regional
Director found that the Employer effectively denied to the employees
1 97 NLRB 770.
1 Dated December 12, 1952.
103 NLRB No. 114.
GASTONIA WEAVING COMPANY 1201
an opportunity to hear both sides of the issues under circumstances
reasonably approximating equality and thereby interfered with the
-employees' freedom of choice in the selection of a bargaining repre-
sentative. He therefore recommended that the Board set aside the
second election herein. Thereafter, the Employer filed timely excep-
tions to the report on objections.
Pursuant to the provision 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 Styles and Peterson].
The facts found by the Acting Regional Director are not disputed.
The Employer excepts to his recommendations on the ground that the
Petitioner's purported objections do not constitute valid objections
within the meaning of the Act and under the Rules and Regulations
of the Board.3 Section 102.61 of the Board's Rules and Regulations
requires only that objections to elections ". . . shall contain a short
statement of the reasons therefor . . ." We find, contrary to the
Employer's contention, that the objections of the Petitioner satisfy
the requirements of this rule.
The Employer also contends that, by proceeding with the election
with knowledge of the foregoing facts, the Petitioner waived its right
to object to the election. However, as the conduct objected to occurred
after the issuance of the Second Direction of Election, we find no
merit in this contention .4
The Employer also contepds that the fact that it addressed the
employees on company time and premises does not require it to extend
a similar opportunity to the Petitioner. However, the Board has
found that where an employer uses company time and property to
make a preelection speech urging employees to vote against a union,
and denies to the union an opportunity to reply under substantially
similar circumstances, such conduct interferes with the employees'
freedom of choice.'
As the Employer's exceptions raise no material issues, they are
hereby overruled, and we shall order that the election of December 19,
1952, be set aside and shall direct a new election at such time as the
Regional Director advises us is appropriate.
Order
IT IS HEREBY ORDERED that the election of December 19, 1952, held
among the employees of Gastonia Weaving Company be, and it hereby
is, set aside.
3 The Petitioner's objections read in part ". . . the Company, through its officers,
agents and employees, intimidated, coerced and restrained the employees during and prior
to the above election with the effect that the results of the election do not reflect the free
choice of the employees."
`gee Beaver Machine i Toot Co., 101 NLRB 1782; The Great Atlantic f Pacific Tea
Company, 101 NLRB 1118.
5 Onondaga Pottery Company, 100 NLRB 1143. See, also , Metropolitan Auto Parts,
Incorporated, 99 NLRB 401.