Haffner-Thrall Car Co.

National Labor Relations Board - Board Decisions

Dec 29, 1945

65 N.L.R.B. 63 (N.L.R.B. 1945)

In the Matter of A. J. THRALL , W. C. HAFFNER AND M . E. TFrRALL,
PARTNERS , D/B/A HAFFNER-THRALL CAR COMPANY and UNITED CON-
STRUCTION WORKERS, AFFILIATED WITH UNITED MINE WORKERS OF
AMERICA
Case No. 13-R-2875
SECOND SUPPLEMENTAL DECISION
AND
ORDER
I
December 29, 19.45
Pursuant to the Board's Decision and Direction of Election issued
herein on April 24, 1945,1 an election by secret ballot was held on
May 22, 1945, under the direction and supervision of the Regional
Director for the Thirteenth Region (Chicago, Illinois). 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 the approximately 25 eligible voters, 24
cast valid votes, of which 11 were for the Union and 13 against.2
On May 24, 1945, the Union filed objections to the results of the
election alleging, inter alia, that the Company had, prior to the elec-
tion, interfered with, restrained, and coerced the employees in viola-
tion of rights guaranteed in Section 7 of the Act. On July 11, 1945,
the Regional Director issued a Report on the Union's objections find-
ing that the Company's conduct before the election raised material
and substantial issues with respect to the election. No exceptions to
this Report were filed by either party. Concurring in the finding of
the Regional Director, the Board, on September 14, 1945, directed
that a hearing be held on the Union's objections.
Pursuant to notice duly served upon the parties, a hearing on the
objections was held on October 30, 1945, at Chicago Heights, Illinois,
before R. N. Denham, Trial Examiner. The Company and the Union
appeared and participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to produce evi-
' 61 N L R. B. 703.
2 The initial Tally served on the parties following the election showed 11 votes for the
Union, 11 votes against and 2 challenged ballots. On August 17, 1945, the Board directed
that the challenged ballots be opened and counted. The results given above include the
count of the challenged ballots.
65 N L. R B No. 15.
679100-46-vol 65-6 63
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dente bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
The credible evidence adduced at the hearing establishes the
following :
1. The Union commenced organizing the Company's employees in
December 1944. Learning of the Union's efforts shortly thereafter and
believing that Knaack, a veteran employee, -%i as a leader in these
activities, A. J. Thrall, one of the partners, questioned Knaack con-
cerning the Union on two separate occasions in January and February
1945. In summary, Thrall accused Knaack of being the "head" of
the Union, asked why the men wanted a union and what they expected
to "get out of it," and suggested that the men form a company union
if they desired union representation.
2. On the pay day before the election, the Company's night watch-
man, James Saylors, who could neither read nor write, entered
Thrall's office to receive his salary check. During a short conversation
which ensued, Thrall showed Saylors a union application card and
asked if the latter had signed a similar card. Saylors replied that his
wife had signed one for him. Thrall then said, "You will be sorry for
signing the card." Thrall also asked one or two other employees if
they had signed un ion application cards.
3. About a week before the election, the Company's foreman said
to Saylors, "Be sure and vote against the election. We have been
good to you and be sure you vote against it."
4. On the day before the election, W. C. Haffner, another partner,
went through the plant interrogating individually about half of the
employees while they were engaged at work. Haffner's questions and
comments to each individual employee were not identical although
they followed a somewhat similar pattern. He asked employees if they
had ever belonged to another union and if so, whether they had de-
rived any benefits from such membership. He requested their opin-
ions concerning the Union and argued that a union in so small an
establishment would not be effective. He referred to the allegedly
generous manner in which the Company had treated its employees.
To at least two employees, he said, "Boys, we don't want a union here."
Although Haffner contended that his activities on the day before
the election were directed entirely to persuading the employees to
vote in the election regardless of how they voted, his conduct reveals
that he was actually engaged in pressing a vigorous campaign against
the Union.
HAFFNER-THRALL CAR COMPANY 65
An election in a representation proceeding serves its true purpose
only if the conditions surrounding the election are such that the
employees are enabled to register their free and untrammeled desires
as to representation. Accordingly, where events preceding the election
make impossible the exercise of that free choice, the Board will annul
the election.' In the present proceeding, the Company through its
partners and agents, created an atmosphere of intimidation about the
election which rendered impossible the securing of a free and uncoerced
vote on the choice of a bargaining representative. Particularly in-
timidating was the procedure which Haffner adopted in his campaign
against the Union. In seeking out employees while at work for
individual persuasion, Haffner was engaging in a subtle form of co-
ercion more potent than an employer's address to a forced audience
of his employees, a practice which the Board has condemned in a
similar context of interference with employee self-organization 4
Accordingly, because the election held on May 22, 1945, was not a free
election within the Board requirements, we shall sustain the Union's
objections and annul the election. When the Regional Director advises
us that the time is appropriate, we shall direct a new election among
the Company's employees.
ORDER
IT IS HEREBY ORDERED that the election held on May 22, 1945, among
the employees of Haffner-Thrall Car Company, Chicago Heights,
Illinois , be, and it hereby is, vacated and set aside.
3 See Matter of Thompson Products , Inc., 57 N. L R B 925 ; Matter of Chapman De-
hydmator Company, 53 N. L R. B . 344; Matter of General Motors Corporation, 46
N. L. It. B 574.
"See Matter of Wennonah Co tton Mills Company , Inc., 63 N. L R . B. 143 ; Matter of
Thompson Products , Ina, 60 N L . R B 1381.