Great Dane Trailers, Inc.

National Labor Relations Board - Board Decisions

Jul 29, 1968

172 N.L.R.B. 1350 (N.L.R.B. 1968)

1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Great Dane Trailers, Inc. and District Lodge #92,
International Association of Machinists &
Aerospace Workers, AFL-CIO, Petitioner and
Truck Drivers and Helpers Local Union No. 728,
Intervenor . Case 10-RC-7293
July 29, 1968
DECISION AND ORDER REMANDING THE
PROCEEDING TO THE REGIONAL DIRECTOR
By CHAIRMAN MCCULLOCH AND MEMBERS JENKINS
AND ZAGORIA
Pursuant to a Stipulation for Certification Upon
Consent Election approved by the Regional
Director on March 15, 1968, an election by secret
ballot was conducted on March 29, 1968, under the
direction and supervision of the Regional Director
for Region 10 (Atlanta, Georgia) among the em-
ployees in the unit described below. At the conclu-
sion of the election, the parties were furnished with
a tally of ballots which shows that of approximately
544 eligible voters, 172 cast valid ballots for Dis-
trict Lodge #92, International Association of
Machinists & Aerospace Workers, AFL-CIO; 70
cast valid ballots for Truck Drivers and Helpers
Local Union No. 728; 245 cast valid ballots against
the participating labor organizations; 6 cast chal-
lenged ballots; and 2 cast void ballots. The chal-
lenges are sufficient in number to affect the results
of the election. On April 5, 1968, the Petitioner filed
timely objections to the election and to conduct af-
fecting the results of the election. Thereafter, on
May 7, 1968, the Regional Director issued and
served upon the parties his Report on Objections
and Challenged Ballots in which he recommended
that the challenges to four of the ballots be over-
ruled, that one challenge be sustained, and the
disposition of the remaining challenge ( an alleged
discriminatee) be held in abeyance. He further
recommended that the Petitioner's objections to
conduct affecting the results of the election be
overruled in their entirety. However, the Regional
Director recommended a second election because
of conduct described below, which was not specifi-
cally included within the scope of Petitioner's ob-
jections but was revealed during the investigation.'
Thereafter, on May 16, 1968, the Employer filed
timely exceptions to the Regional Director's report
with a brief and exhibits in support thereof.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning representation of employees of the Em-
ployer within the meaning of Section 9(c)(1) and
Section 2(6) and (7).
4. We find, in accordance with the stipulation of
the parties, that the following employees of the Em-
ployer constitute a unit for the purposes of collec-
tive bargaining within the meaning of Section 9(b)
of the Act:
All production and maintenance employees
employed by the Employer at its Savannah,
Georgia location, excluding all office clerical
employees, professional employees, technical
employees, guards, watchmen, and supervisors,
as defined in the Act.
5. The Board has considered the Regional
Director's report, and the exceptions thereto, and
makes the following findings:
With respect to the Regional Director's recom-
mendation concerning the disposition of the chal-
lenged ballots and objections, we adopt his report,
except as to Objection 7.2
This objection relates to a poster appearing at
various locations in the plant prior to the election.
These posters read : "Take home more pay, Keep
the Union out, Vote no, March 29." The Regional
Director concluded that these posters conveyed to
the employees the promise of higher wages if they
rejected union representation , and on this basis
recommended a new election.
The Employer, in its exceptions , contends that
the posters do not depict a larger paycheck, or
anything else that would be illustrative of increased
benefits from the Company. Rather , urges the Em-
ployer, the purpose was to convey the idea of sav-
ing union dues . We find merit in this contention. In-
deed the message of saving is dramatized by the in-
clusion on the poster of a piggy bank, a traditional
symbol of saving . We further feel that the state-
' This has been assigned as Objection 7 by the Regional Director for the
purpose of his report
As no exception was filed to the Regional Director's recommendation
concerning the disposition of the ballot of employee Coleman, we adopt
this recommendation pro forma Also in absence of exceptions thereto, we
adopt pro forma the Regional Director's recommendation that Objections
1, 2, 3, 4, 5, and 6 he overruled
172 NLRB No. 139
GREAT DANE TRAILERS, INC.
ments contained in the poster could readily be eval-
uated by employees as typical campaign propagan-
da. Contrary to the Regional Director , therefore,
we do not believe that the posters created such an
atmosphere that the employees were precluded
from exercising an uncoerced choice on the
question of union representation , and we overrule
phis recommendation in this respect.
As we have overruled all the objections, and as
four of the remaining ballots, the challenges to
which have been overruled, are sufficient in
number to affect the results of the election, but
have not yet been counted, we shall remand the
matter to the Regional Director with directions to
1351
open and count such ballots and proceed further in
accordance with the Board's Rules and Regulations.
ORDER
It is hereby ordered that this proceeding be, and
it hereby is, remanded to the Regional Director for
Region 10, and that said Regional Director shall,
within 10 days from the date of the Order, open
and count the ballots of M. R. Padgett, C. R.
Rogers, John Vernedoe, and Gerald Graham,
prepare and cause to be served upon the parties a
revised tally of ballots, and proceed further in ac-
cordance with the Board's Rules and Regulations.