National Steel Corp.

National Labor Relations Board - Board Decisions

Jun 18, 1973

204 N.L.R.B. 227 (N.L.R.B. 1973)

HAWESVILLE ROLLING MILL 227
Hawesville Rolling Mill, National Aluminum Division
of National Steel Corporation and Aluminum Work-
ers International Union , AFL-CIO, Petitioner. Case
9-RC-9796
June 18, 1973
DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
BY CHAIRMAN MILLER AND MEMBERS FANNING
AND KENNEDY
Pursuant to a Stipulation for Certification Upon
Consent Election approved on October 24, 1972, an
election by secret ballot was conducted on December
1, 1972, under the direction and supervision of the
Regional Director for Region 9 among the employees
in the stipulated unit. At the conclusion of the election
the parties were served with a copy of the tally of
ballots, which showed that there were approximately
228 eligible voters and that 219 ballots were cast, of
which 100 were for Petitioner, 113 were against, and
6 were challenged. The challenged ballots are not suf-
ficient in number to affect the results of the election.
Thereafter, the Petitioner timely filed objections to
the election.
Pursuant to Section 102.69 of the National Labor
Relations Board Rules and Regulations , Series 8, as
amended, the Regional Director conducted an inves-
tigation and on January 31, 1973, issued his Report on
Election, Objections to Election, and Recommenda-
tions to the Board in which he found, inter alia, that
the Employer's action in showing the movie entitled
"And Women Must Weep" to its employees at the
plant during the period between the date the petition
was filed and the date the election was conducted to
be objectionable conduct and recommended that the
election conducted on December 1, 1972, be set aside
and a second election be directed. Thereafter, the Em-
ployer timely filed exceptions to the Regional
Director's Report.
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 au-
thority in this proceeding to a three-member panel.
Upon the basis of the entire record in the case, the
National Labor Relations Board makes the following
findings of fact:
1. The Employer is engaged in commerce within
the meaning of the Act.
2. The labor organization involved claims to repre-
sent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of employees of the Employer
within the meaning of Sections 9(c)(1) and 2(6) and
(7) of the Act.
4. The parties stipulated, and we find, that the fol-
lowing employees constitute a unit appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act.
All production and maintenance employees em-
ployed at the Employer's Hawesville, Kentucky
plant, but excluding all office clerical employees,
professional employees, guards and supervisors
as defined in the Act.
5. During the course of investigating Petitioner's
objections, the Regional Director discovered that the
Employer had shown its employees the film entitled
"And Women Must Weep" on October 2, 3, and 4,
1972. The film was shown on its premises, a represen-
tative of the Employer was present during the show-
ing, and the employees were paid for the time they
spent viewing the film. The record also shows that the
petition herein was filed in October 2, 1972, and that
the Employer received notice of this from Region 9 on
October 5, 1972. The Employer did not show the film
from the date it received notice until after the election
on December 1, 1972.
After finding Petitioner's other objections meritless
and recommending they be overruled,' the Regional
Director found the Employer's conduct in showing
the film sufficient in and of itself to justify setting
aside the election. He based his recommendation on
the Board's decision in Plochman and Harrison-Cherry
Lane Foods, Inc., 140 NLRB 130, wherein an election
was set aside because of the employer's conduct which
included showing the film.
We do not agree with the Regional Director's appli-
cation of the Plochman decision to the facts herein.
We find that the Employer's conduct in showing the
film under the circumstances described above, with-
out other illegal or objectionable conduct, insufficient
grounds for setting aside the election. Accordingly, as
the tally of ballots shows that the Petitioner has not
received a majority of the valid ballots cast, we shall
certify the results of the election.
CERTIFICATION OF RESULTS OF ELECTION
It is hereby certified that a majority of the valid
ballots have not been cast for Aluminum Workers
International Union , AFL-CIO, and that said labor
organization is not the exclusive representative of all
the employees , in the unit herein involved, within the
meaning of Section 9(a) of the National Labor Rela-
tions Act, as amended.
' No exceptions were taken to these recommendations , which we therefore
adopt pro forma
204 NLRB No. 42