Scripto, Inc.

National Labor Relations Board - Board Decisions

Mar 16, 1953

103 N.L.R.B. 713 (N.L.R.B. 1953)

SCRIPTO, INC. 713
SCRIPTO, INC. ( ORDNANCE DIVISION) and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, A. F . L., PETITIONER. Case No. 1O-RC-2057.
March 16, 1953
Supplemental Decision and Order
On December 4, 1952, pursuant to a Board Decision and Direction
of Election, an election was held under the direction and supervision
of the Regional Director for the Tenth Region, among the employees
of the Employer in the unit found appropriate by the Board. A tally
of ballots, furnished to the parties, shows that of approximately 469
eligible voters. 389 cast valid ballots. of which 39 were for the Peti-
tioner, 153 were for United Steelworkers of America, CIO, the Inter-
venor, 197 were against either participating labor organization; 34
were challenged and 4 were void.
On December 9, 1952, the Intervenor filed timely objections to con-
duct affecting the results of the election. In accordance with the
Board's Rules and Regulations, the Regional Director conducted an
investigation and issued a report on election, challenged ballots, and
objections in which he found that one objection was material, sub-
stantial, and well founded, and recommended that the election be set
aside and a new election held.' The Employer filed timely exceptions
to the Regional Director's report on objections.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Styles and Peterson].
The facts are not disputed. On December 3, 1952, the day before
the election, President James V. Carmichael read a speech to all three
shifts of employees, in which lie said, among other things, the follow-
illg :
I have already told you that I have increased your pay as
often and as much as conditions have warranted, and that I will
continue to do so in the future-without a union... .
Without a union I have given you increases in pay-the best of
working conditions-paid vacations-group insurance-seniority
rights-leaves of absence-a pension plan-and a Christmas
Bonus! Do you want to throw this overboard and start over with
a union negotiating on these things for you?
We agree with the Regional Director that these statements convey
the threat that existing benefits would be put in jeopardy by the selec-
' The Regional Director also found that the challenged voters were all ineligible to vote
and, therefore , recommended that the challenges to their ballots be sustained. As the
three ballots that were challenged because of the Board agent ' s ruling as to the markings
thereon are insufficient to affect the results of the election if the first recommendation is
adopted , the Regional Director recommended that they not be passed upon In the absence
of exceptions , we adopt these findings
103 NLRB No. 80
714 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion of a collective-bargaining representative.2 We therefore adopt
the recommendation of the Regional Director and find that the Em-
ployer thereby interfered with the employees' freedom of choice in_
the election.
Accordingly, we shall set aside the results of the election and shall
direct a new election at such time as the Regional Director advises is
appropriate.3
Order
IT IS HEREBY ORDERED that the election of December 4, 1952, among
the employees of Scripto, Inc. (Ordnance Division) at its Atlanta,.
Georgia, plant be, and it hereby is, set aside.
2 See Sparkletts Drinkring Water Corporation , 100 NLRB 1296 . As employees are not
required to look behind the plain meaning of coercive words, we find no relevance in the,
Employer 's contention that it had noncoercive reasons for making these statements. See
Tetechron, Inc., 03 NLRB 474 ; Western Cotton Oil Company , 95 NLRB: 1433.
3In view of our disposition herein , we find it unnecessary to,.and do not , pass upon the
various other grounds urged by the Intervenor , and found by the Regional Director, as a
basis for setting aside the election.
DANNY DANENBERG i and UNITED FRESH FRUIT & VEGETABLE WORKERS,
LIU #78, CIO , PETITIONER
DANNY DANENBERG and TRUCKDRIVERS, WAREHOUSEMEN & HELPERS,.
*LOCAL UNION No. 898; INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL,
PETITIONER. Cases Nos. 21-RC-2296 and 21-RC-2942. March 16,
1953
Decision , Order, and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the.
National Labor Relations Act, a hearing was held in the above con-
solidated cases 2 before H. C. Bumgarner, hearing officer. The hear-
ing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board'
has delegated its powers in connection with this case to a three--
member panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act .3
I The petition and other formal papers in this proceeding are amended to show the
correct name of the Employer.
20n January 29, 1953, the Regional Director , pursuant to Section 102.64 (b) of the
Board 's Rules and Regulations, Series 6, consolidated the proceedings in the above cases.
8 Stanislaus Implement and Hardware Company, Limited , 91 NLRB 618.
103 NLRB No. 74.