J. I. Case Co.

National Labor Relations Board - Board DecisionsSep 20, 1949

86 N.L.R.B. 12 (N.L.R.B. 1949)

In the Matter of J . I. CASE COMPANY, EMPLOYER and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS & HELPERS, LOCAL 645, AFL, PETITIONER Case No. fO-RC-181 SUPPLEMENTAL DECISION AND ORDER SETTING ASIDE ELECTION September 20, 1949 Pursuant to the Board's Decision and Direction of Election of November 9, 1948, an election by secret ballot was conducted on December 2, 1948, under the direction and supervision of the Regional Director for the Twentieth Region among production and mainte- nance employees at the Employer's Stockton, California, plant, in the unit heretofore found appropriate. At the close of the election, the parties were furnished a Tally of Ballots. The tally showed that there were approximately 88 eligible voters and that 87 ballots were cast, of which 33 were for the Petitioner, and 54 were against the Petitioner. On December 7, 1948, the Petitioner filed objections to conduct of the Employer allegedly affecting the results of the election. Thereafter, the Regional Director investigated the objections and, on March 29, 1949, issued and duly served upon the parties a Report on Objections, finding that the objections of the Petitioner did not raise substantial and material issues with respect to the conduct of the election and recommending that they be overruled.' However, the Regional Director did find, in the course of his investigation, that the Employer had engaged in other described conduct which interfered with the conduct of the election and he recommended that the elec- tion be set aside and a new election held. The Employer filed excep- tions to the Regional Director's Report on Objections on April 5,1949.2 I No exceptions were filed to this finding. 2 The Employer excepted to the Regional Director's Report on Objections upon the ground that the Regional Director was without jurisdiction to make findings as to matters not set forth in the Union's Objections to the Election. The Board found no merit in this exception. However, the Board considers the Employer as excepting generally to the Regional Director's entire findings and recommendations. 86 N. L. R. B., No. 3. 12 J. I. CASE COMPANY 13 On April 18, 1949, the Board reopened the record and remanded the case to the Regional Director for a hearing upon the issues raised by the exceptions. A hearing was held before Glenn L. Moller, hear- ing officer, on July 12, 1949. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 3 Foreman Marshall, about 2 weeks before the election, asked em- ployee Dovell "how he felt about the Union," and about a month before the election, Foreman Marshall asked employee Rea "a lot about the Union coming in" and asked him what he knew about it. Marshall admitted having this conversation with Rea and did not deny the testimony of Dovell. Foreman Baldwin approached em- ployee Stamper a few days before the election and said, "I under- stand there was a union meeting today. Were you there?" Baldwin testified that he may have made such a statement, but did not remem- ber doing so. About 3 weeks prior to the election, Foreman Des Rosiers told employee Bynum that "You had better watch your step" and, upon being pressed by Bynum as to his meaning, stated that Bynum had been observed discussing the Union with another em- ployee. Des Rosiers also told Bynum that he had been seen coming in late a few mornings and, because of his talking about the Union, "things might go hard" with him. This testimony was not refuted by the Employer. On the basis of the above undisputed and admitted testimony, we find that the Employer engaged in the foregoing conduct, that such conduct was coercive in nature and that it served to restrain and inter- fere with the employees in the exercise of their free choice of repre- sentatives 4 We shall accordingly set aside the election and direct that a new election be held at such time as the Regional Director advises is appropriate. ORDER SETTING ASIDE ELECTION IT IS HEREBY ORDERED that the election held on December 2, 1948, among employees of J. I. Case Company, at its Stockton, California, plant be, and it hereby is, vacated and set aside. 3 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three -member panel [Chair- man Herzog and Members Houston and Gray]. 4 Matter of U. S . Rubber Company ( Scottsville Plant ), 86 N. L . R. B. 3.