Keller Dye & Finishing Co.

National Labor Relations Board - Board Decisions

Jul 10, 1970

184 N.L.R.B. 524 (N.L.R.B. 1970)

524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Keller Dye & Finishing Company and Textile Work-
ers Union of America, AFL-CIO-CLC, Petitioner.
Case 10-RC-7972
July 10, 1970
SUPPLEMENTAL DECISION AND
CERTIFICATION OF REPRESENTATIVE
BY MEMBERS FANNING, BROWN, AND JENKINS
Pursuant to an Order and Direction of Second
Election issued March 5, 1970,1 an election by
secret ballot was conducted in the above-entitled
proceeding on April 3, 1970, under the direction
and supervision of the Regional Director for Region
10 among the employees in the appropriate unit. At
the conclusion of the balloting, the parties were
furnished a tally of ballots, which showed that, of
approximately 51 eligible voters, 48 cast valid bal-
lots, of which 41 were for, and 7 were against, the
Petitioner. There were no challenged or void bal-
lots. Thereafter, the Employer filed timely objec-
tions to conduct affecting the results of the elec-
tion.
In accordance with the National Labor Relations
Board Rules and Regulations , Series 8, as amended,
the Regional Director conducted an investigation
and, on April 24, 1970, issued and duly served on
the parties his attached Report on Objections in
which he recommended that the objections be
overruled and the Petitioner be certified as bargain-
ing representative of the employees involved.
Thereafter, the Employer filed timely exceptions to
the Regional Director's report, and a brief in sup-
port 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 claim-
ing to represent certain employees of the Employer.
3. A question affecting commerce exists con-
.;erning the representation of employees of the
Employer within the meaning of Section 9(c)(1)
and Section 2(6) and (7) of the Act.
4. The following employees, as stipulated by the
parties, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of
Section 9(b) of the Act:
All production and maintenance employees of
the Employer's Rome, Georgia, plant, but exclud-
ing office clerical employees, professional em-
ployees, guards and all supervisors as defined in the
Act.
5. The Board has considered the Employer's ob-
jections, the Regional Director's report, and the
Employer's exceptions and brief, and hereby adopts
the Regional Director's findings and recommenda-
tions.2
Accordingly, as the tally shows that the Peti-
tioner received a majority of the valid votes cast,
we shall certify it as the representative of the em-
ployees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that Textile Workers Union
of America, AFL-CIO-CLC, has been designated
and selected by a majority the employees in the
unit found appropriate herein as their representa-
tive for the purposes of collective- bargaining and
that, pursuant to Section 9(a) of the Act, the said
labor organization is the exclusive representative of
all employees in such unit for the purposes of col-
lective bargaining with respect to rates of pay,
wages, hours of employment, and other terms and
conditions of employment.
MEMBER FANNING, dissenting:
I would set this election aside.
In Objection 1 the Employer refers to a leaflet
distributed by the Petitioner on the morning of the
election, which was scheduled for 2 p.m. The
leaflet stated that the Employer "broke the law of
the United States," that this was the only reason
another election had to be conducted, and that
"Uncle Sam" refused to believe the Company and
had told the Company to "stop breaking the law."
The intent and effect of the leaflet was to
misrepresent to the employees, at a time when the
Employer had no opportunity to respond, the cir-
cumstances under which the first election of Janua-
ry 6, 1970, had been set aside by the Board. The
record is clear that this election was set aside by a
formal stipulation to set aside election entered into
by the parties before the Regional Director had an
' Not printed in NLRB volumes The parties had entered into a stipula-
tion to set aside the first election conducted on January 6, 1970, which the
Regional Director recommended be approved by the Board
' The Employer's exceptions as to Objection 1, in our opinion , raise no
substantial issues which warrant reversal of the Regional Director's
findings and recommendations In the absence of exceptions thereto, we
shall adopt pro forma the Regional Director's recommendation that Objec-
tion 2 be overruled
184 NLRB No. 54
KELLER DYE & FINISHING COMPANY 525
opportunity to rule upon objections filed by Peti-
tioner. Consequently, neither the Regional Director
nor the Board nor any other agency of the United
States Government had ruled upon the merits of
the Petitioner's objections. No finding was ever
made that the Employer had broken the law or vio-
lated the rights of the employees. Nor did the Em-
ployer make such an admission in agreeing to the
holding of a second election.
In my opinion, these groundless charges of the
Petitioner on the morning of the election seriously
affect the credibility of the Board's election
processes. Moreover, they cast unwarranted asper-
sions upon the integrity and legality of the Em-
ployer's conduct with respect to the first election.
Accordingly, I am of the opinion that the Peti-
tioner's misrepresentations cannot in this case be
condoned as mere "partisan election propaganda."
I believe such misrepresentations had a substantial
impact upon the election and, in any event, con-
stitute an abuse of the Board's election processes.
REPORT ON OBJECTIONS
The petition in the above-entitled proceeding was
filed October 1, 1969. Pursuant to an Order and
Direction of Second Election issued March 5, 1970,
an election by secret ballot was conducted on April
3, 1970, among the employees in the appropriate
unit to determine the question concerning represen-
tation.' Upon conclusion of the balloting, the
parties were furnished a tally of ballots which
showed that of approximately 51 eligible voters, 41
cast valid ballots for and 7 cast valid ballots against
the Petitioner. There were no challenged or void
ballots. On April 10, 1970, the Employer filed time-
ly objections to the election and a copy thereof was
timely served on the Petitioner.
Pursuant to Section 102.69 of the Board's Rules
and Regulations an investigation of the issues raised
by the objections has been conducted and the Re-
gional Director, having considered the results
thereof, makes the following findings and recom-
mendations to the Board:
OBJECTIONS
Objection 1: On the morning of the election the
Petitioner, by and through its officers, representa-
tives and agents, distributed a campaign leaflet
which misrepresented to employees that the Em-
ployer had been found guilty of violating the law in
connection with the previous election. This last-
minute misrepresentation was purposely designed
to and did deceive the voters in the election.
The handbill attached hereto as Appendix was
admittedly disseminated to the employees by Peti-
tioner's representatives on the morning of the elec-
tion. The assertion, near the middle of the sheet,
that the Employer "broke the law of the United
States" apparently refers to the Petitioner's objec-
tions to conduct affecting the results of the January
6, 1970, election. During the investigation of the
objections to the first election the parties entered
into a stipulation to set aside election in which they
agreed that the election conducted on January 6,
1970, be set aside and a second election be
directed by the Board. Thereafter, the Board issued
its Order and Direction of Second Election herein.
The Regional Director has considered the hand-
bill and is of the opinion that its content is readily
identifiable as partisan election propaganda
susceptible to employee evaluation. The assertions
made therein do not constitute sufficiently grave
and serious misrepresentation of fact to warrant
setting aside the election. Accordingly, Objection I
is without merit.
Objection 2: Prior to the election the Petitioner,
by and through its officers, representatives, agents
and supporters, did cause the defacement of the of-
ficial notice of election.
The Employer's objection is based upon a con-
tention that "officers, representatives, agents and
supporters" of the Petitioner defaced a copy of the
Board's official notice of election which was mailed
to and posted by the Employer in its plant prior to
the election; such defacement consisting of marking
an "X" in the "yes" box of the sample ballot ap-
pearing thereon. The Employer did not submit any
evidence to establish that the Petitioner, or anyone
acting on its behalf, was responsible for the alleged
defacement of the ballot. Accordingly, Objection 2
is without merit.'
FINDINGS AND RECOMMENDATION
For the reasons stated above, the Regional
Director finds that the objections do not raise any
material or substantial issues affecting the results of
the election, and recommends to the Board that
they be overruled in their entirety. As the tally of
ballots shows that Textile Workers Union of Amer-
ica, AFL-CIO-CLC received a majority of the valid
votes cast in the election, the Regional Director
further recommends that said labor organization be
certified as the collective-bargaining representative
of the employees in the stipulated appropriate
unit.
' The appropriate unit is "All production and maintenance employees of
the Employer 's Rome, Georgia plant but excluding all office clerical em-
ployees, professional employees, guards and supervisors
as defined in the Act "
' Murray Chair Company, Inc , 117 NLRB 1385
526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
UNCLE SAM
DIDN 'T
BELIEVE EM
HOW CAN WE
BELIEVE 'EMS
The ONLY reason we are having another vote and another
election on Friday, April 3rd is because the TOP MANAGEMENT
of our company violated our rights, had no respect for our
intelligence and broke the law of the United States.
UNCLE SAM stood up for us! Uncle Sam refused to believe
the Company.
UNCLE SAM said stop breaking the law Mr. Boss, try and
play fair.
The old, old proverb says, "FOOL ME ONCE, SHAME ON YOU --
FOOL ME TWICE, SHAME ON ME."
Is there any good reason why we should believe what the
boss is telling us this time?
EVERYONE WANTS SECURITY, PROGRESS, FAIR TREATMENT.
IT BOILS DOWN TO THE BELIEF YOU AND YOUR FELLOW WORKERS
HAVE IN YOUR OWN ABILITIES TO BUILD THE KIND OF UNION
THAT CAN DO THE JOB. 15 MILLION AMERICANS TODAY HAVE
DONE IT. YOU CAN DO IT. . . BUT NOT IF YOU FALL FOR THE
COMPANY BAIT OF SEEING THE CAMPAIGN AS SOMETHING BETWEEN
THE COMPANY AND THE UNION. IT'S YOUR UNION . . . YOUR
CAMPAIGN . . . YOUR ELECTION.
VOTE "YES"
ix KEEP YOUR FUTURE IN SIGHT
ISSUED BY TWUA ORGANIZING COMMITTEE, KELLER DYE