Grede Foundries, Inc.

National Labor Relations Board - Board DecisionsJun 30, 1965

153 N.L.R.B. 984 (N.L.R.B. 1965)

984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL NOT interrogate, threaten, coerce, or intimidate by words or force or otherwise any employee with the intent and purpose of forcing such employee to join the Union or pay initiation fees or dues including back dues or assess- ments to the Union, or in any like or related manner restraining or coercing employees in the exercise of the rights guaranteed in Section 7 of the National Labor Relations Act, as amended. WE WILL refund to Verna Kindschi, Clayborne William Terry, Margaret Terry, Larry Bedard, and any employee similarly situated, an amount equal to the sums of money paid by him or her to the Union for all initiation fees, dues including back dues, and assessments since May 29, 1963, with interest thereon at the rate of 6 percent per annum, such initiation fees, dues or back dues, or assessments having been paid to the Union because of threats, intimidation, force, restraint, or coercion. UNITED PACKINGHOUSE, FOOD AND ALLIED WORKERS UNION, AFL-CIO, LOCAL 46, Labor Organization. Dated------------------- By-------------------------------------------- (Representative) (Title) ---------------------------- CLARKE KNOWLES ---------------------------- PAUL SULENTIC ---------------------------- RAY EDSILL ---------------------------- T. F. MCINTEER ---------------------------- CLARENCE PAIGE Agents, United Packinghouse, Food and Allied Workers Union, AFL-CIO, Local 46 This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board 's Regional Office, 316 Federal Building, 110 South Fourth Street, Minneapolis, Minnesota, Telephone No. 334- 2611, if they have any question concerning this notice or compliance with its provisions. Grede Foundries, Inc. and International Molders and Allied Workers, AFL-CIO, Petitioner and Local 125, International Molders and Allied Workers , AFL-CIO, Petitioner . Cases Nos. 30-RC-90 and 30-RC-93. June 30, 1965 DECISION ON REVIEW, ORDER, AND DIRECTION OF SECOND ELECTIONS On February 2, 1965, the Regional Director for Region 30 issued a Supplemental Decision on Objections, Certification of Results, and Certification of Representatives in the above-entitled consolidated proceedings. The Employer, in accordance with Section 102.67 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, filed a timely request for review thereof solely with respect to the Regional Director's disposition of its objections to con- duct affecting the results of three of the five elections held, those involv- 153 NLRB No. 92. GREDE FOUNDRIES, INC. 985 ing the units of employees at the Employer's Iron Mountain, Milwau- kee Steel, and South Water divisions.' On March 18, 1965, the Board granted the Employer's request for review. The Employer filed a brief on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Fanning and Brown]. The Board has considered the entire record in these cases with respect to the Regional Director's determinations under review, includ- ing the Employer's brief on review, and makes the following findings : The Employer's objections filed with respect to three of the elections are identical. They relate to a handbill distributed by the Petitioner to eligibles on the day before the election. The Regional Director's investigation revealed that the handbills were distributed by the Peti- tioner at the Iron Mountain division, the Milwaukee Steel division, and the South Water division on the afternoon and evening before the elec- tion. The handbill was entitled "MY DREAMS COME TRUE" and states "WELCOME TO THE CLUB ! Wages and Take Home Pay of the Plants Under the Molders Union Contract." It then lists seven companies and the hourly wage rates or the weekly earnings of employ- ees at each of these companies. The handbill lists Appleton Electric under which it states "average Take Home Pay-$140.00." The Regional Director's investigation disclosed that during a representative workweek the average net earn- ings of all employees was $97 and, in the same week, the coremakers and molders, who are approximately 25 percent of the total unit of 350 employees, averaged approximately $100. Only two employees in the coremakers and molders group averaged $140 or more during the last quarter of 1964. The handbill also quoted weekly earnings for three other companies which the investigation revealed were actually received by only a small percentage of skilled employees at each plant. Finally, the investigation disclosed that the hourly rates quoted in the handbill for the three remaining companies applied only to skilled coremakers and molders, while the average hourly rates for all employ- ees was substantially lower. The Regional Director found that the employees were capable of recognizing and evaluating the handbill as referring to the highest ' The tallies for these three elections showed, for the Iron Mountain division unit, that of approximately 176 eligible voters, 167 cast ballots, of which 96 were for , and 70 against, the Petitioner and 1 was challenged ; for the Milwaukee Steel division unit, that of ap- proximately 218 eligible voters, 218 cast ballots, of which 125 were for, and 73 against, the Petitioner, 18 were challenged, and 2 were void ; and for the South water division unit, that of approximately 132 eligible voters, 125 cast ballots , of which 82 were for, and 34 against , the Petitioner and 9 were challenged . The Regional Director Issued Cer- tifications of Results of the elections held in the other two units. 986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD earnings and wages of skilled employees in each unit. He also found that in each case some employees did earn the amounts stated. Although he found the handbill inaccurate with regard to the state- ment concerning the Appleton Electric Company, he believed its effect was minimal when viewed in the context of the entire election cam- paign. The Regional Director concluded that the handbill did not con- tain any material or substantial misrepresentations within the meaning of Hollywood Ceramics .2 Accordingly, he overruled the Employer's objections. The Employer argues that the handbill is inaccurate and misleading as it clearly implied that the figures set forth were representative of the hourly rates or weekly earnings of all employees in the unit. We find merit in the Employer's contention. Contrary to the Regional Director, we believe that the employees involved could rea- sonably construe the handbill to set forth the average or representative hourly rates or weekly earnings received under the Petitioner's con- tracts with the named companies rather than the wages of a few top- rate employees. We find, therefore, that the handbill was inaccurate and misleading as to the wages the Petitioner had negotiated-a matter of vital concern to the employees. Also, the timing of the distribution, the day before the election, precluded any effective reply by the Employer or effective evaluation by many of the employees, some of whom were located at least a hundred miles from any of the plants named in the handbill. We find, therefore, that the misrepresenta- tions were material and substantial and reasonably tended to interfere with the free choice of the employees in the election. [The Board set aside the elections conducted in Case No. 30-RC- 92, in the unit of employees at the Employer's Iron Mountain division, and in Case No. 30-RC-93 in the units of employees at the Employer's Milwaukee Steel division and South Water division, respectively, on November 18, 1964.] [Text of Direction of Second Elections omitted from publication.] MEMBER BROWN, dissenting: I cannot agree with my colleagues that the Petitioner's campaign circular contained such misrepresentations of fact as to warrant setting aside the elections. As summarized in the main opinion herein, the wage rates which Petitioner set forth were not average salaries but were accurate in that they were applicable to the most highly skilled employees. This is not, in my opinion, such a substantial departure 2 Hollywood Ceramics Company, Inc., 140 NLRB 221. BEAUNIT FIBERS, INC . A DIVISION OF BEAUNIT CORP . 987 from truth that the elections must be set aside. Further, as the other companies were named, the employees might well have had a basis for evaluating the information 3 At most the Petitioner's statements involved "puffing." The Board is not the censor of excessive campaign language , except to the extent that the Hollywood Ceramics holding seeks to prevent substantial mis- representation or other similar campaign trickery which may reason- ably be expected to have a significant impact on the election. That deci- sion is inapplicable here. Accordingly, I would affirm the Regional Director and would certify the Petitioner. 8 Cf. Hollywood Ceramics Company, Inc ., supra, at 225. Beaunit Fibers , Inc. a Division of Beaunit Corporation and United Textile Workers of America & Local Union , Watauga Rayon Workers Union Local 2207, Petitioner. Case No. 10-UC-2. June 30, 1965 DECISION AND ORDER DENYING PETITION TO AMEND AND CLARIFY CERTIFICATION On August 11, 1952, the National Labor Relations Board certified United Textile Workers of America as the bargaining representative of "all production and maintenance employees, excluding supervisory employees, clerical and professional employees and guards as defined by the National Labor Relations Act, as amended." 1 On January 14, 1965, the Petitioner filed a petition to amend and clarify certification of the above unit to include certain employees. On February 2, 1965, the Petitioner filed an amendment to the petition. On February 10 and 11, 1965, a hearing was held before Hearing Officer Clara A. Whitesides for the purpose of taking testimony with respect to issues raised by the petition. All parties appeared and participated at the hearing. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On March 2, 1965, the Regional Direc- tor issued a notice to show cause why the petition should not be dis- missed. The Petitioner filed a brief in support of its petition. The Employer filed a brief requesting that the petition be dismissed. Both parties also filed responses to the notice. On March 19, 1965, the Act- ing Regional Director issued an order transferring this case to the Board. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Board has delegated its powers in con- :'Case No. 10-RC-1969. 153 NLRB No. 62.