Simplex Wire and Cable Co.

National Labor Relations Board - Board Decisions

May 31, 1938

7 N.L.R.B. 568 (N.L.R.B. 1938)

In the Matter of SIMPLEX WIRE AND CABLE COMPANY and WIPE &
CABLE WORKERS FEDERAL LOCAL UNION 21020, AFFILIATED WITH
THE A. F. OF L.
In the Matter of SIMPLEX WIRE AND CABLE COMPANY and WIRE &
CABLE WORKERS FEDERAL LOCAL UNION 21020, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
In the Matter Of SIMPLEX WIRE & CABLE CO. and SIMPLEX EMPLOYEES
ASSOCIATION
Cases Nos. 0-359, R-396, and R-397, respectively
SUPPLEMENTAL DECISION
AND
ORDER
May31,1938
On March 29, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Elect ion
in the above-entitled cases. The Direction of Election directed that
an election by secret ballot be conducted within 15 days from the date
of the Direction among the production and maintenance employees
of Simplex Wire and Cable Company, Cambridge, Massachusetts,
herein called the respondent, who were employed by it on September
23, 1937, including printers but excluding supervisory employees,
factory clerks, factory-office clerks, shipping-office clerks, general-
office clerks, other clerical employees, and those who had since quit
or had been discharged for cause, to determine whether or not they
desired to be represented by Wire & Cabh Workers Federal Local
Union, No. 21020, affiliated with the American Federation of Labor,
herein called the Federal Local, for the purposes of collective
bargaining.
In its Decision the Board found that the respondent had dominated
and interfered with the formation and administration of the Simplex
Employees Association, herein called the Association, and had con-
tributed and was contributing support thereto. The Board ordered
the respondent to cease and desist from such domination. interfer-
ence, and contribution of support, to disestablish the Association a::-
SN.L.R.B.251.
568
DECISIONS AND'OIIDIlIiS 569
a representative of`its, employees for the purposes of collective. bar-
gaining, andto^ notify the :Regional Director within ten' (10) days
from the date of the order what steps the respondent had tal en to
comply therewith. The respondent notified, the .Regional, Director
that it would not disestablish the, Association as'ordered,
Pursuant to the Direction of Election, an. election by secret .ballot
was conducted, oil April 112, 1938, at, Cambridge, Massachusetts,
under the direction and supervision of A. Howard Myers, the Re-
gional Director for the First .Region (Boston, Massachusetts. Full
opportunity was accorded to the parties to this investigation, to par-
ticipate in the conduct of the. secret ballot, and to make; challenges.
On April 18, 1938, the said Regional Director, acting pursuant -to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations=Series 1, as amended, issued and on April' 20,:1938, duly
served upon the parties his Intermediate Report on the ballot.
As to the balloting and its results the Regional Director reported
as follows :
Total Number Eligible to ote_ -- -__ -- 469
Total Number of Ballots Cast-------- -- -- ----- --- ------------ 404
Total Number of Blank Ballots---___-__-_____' 1
Total Number of Void Baljots ------------ ---- -- --------- ---- ,. 1
Total Number of Ballots Cast for Wire & Cable Workers
Federal Local Union, No. 21020, affiliated with the American
Federation of Labor----- ------ ---- 198
Total Number of Ballots Cast against Wire & Cable Workers
Federal Local Union, No. 21020, affiliated with, the American
Federation of Labor------------------- -- - ---- -- --- 202
Total Number of Challenged Ballots ---------- ----- - -- 2
On April 20, 1938, the Federal Local filed with the Regional Direc-
tor its Objections to the Intermediate Report. III its Objections the
Federal Local referred to two documents submitted by it to the Re-
gional Director on April 16: (1) a letter dated April 8, 1938, addressed
by the Association to a representative of the Federal Local, inviting
him or some other Federal Local representative to participate in a
debate with the attorney for the Association-at an Association meeting
to be held on April 11, on the question of whether or not it is better for
the employees of the respondent to join the Federal Local or the Asso-
ciation; (2) a letter dated April 8, addressed by the Association to
the employees of the respondentconttaining notice of the Association
meeting of April 11, setting otlt in full the invitation to the Federal
Local representative to participate in the debate, and urging the err,
ployees to attend the meeting. The Objections state that the meeting
of the Association was held for the purpose of intimidating and coerc-
ing the employees eligible to vote in the election ; that statements were
made at the meeting discrediting the Federal Local ; and that the cir-
culars addressed by the Association to the employees were intended to
570 NATIONAL LABOR RELATIONS BOARD
misinform the employees and to indicate that the Federal Local repre-
sentatives had accepted the challenge to participate in the debate.
There is no allegation, however, of participation by any supervisory
officials of the respondent in these activities.
We have considered the Objections to the Intermediate Report filed
by the Federal Local and do not find that they warrant setting aside
the election. We shall, accordingly, overrule the Objections to the
Intermediate Report.
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority in the appropriate unit.
However, in view of the fact that the attempts to influence the votes of
the eligible employees were made by an organization which the Board
had ordered disestablished, we shall order the petition for investiga-
tion and certification filed by the Federal Local to he dismissed without
prejudice.
ORDER'
Pursuant to Article III, Sections 8 and 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, the National
Labor Relations Board hereby orders :
1. That the Objections to the Intermediate Report filed by Wire 'k-
Cable Workers Federal Local Union, No. 21020, affiliated with the
American Federation of Labor, be, and they hereby are, overruled;
and
2. That the petition filed by Wire & Cable Workers Federal Local
Union, No. 21020, affiliated with the American Federation of Labor,
for investigation and certification of representatives of employees of
Simplex Wire and Cable Company, Cambridge, Massachusetts, be.
and it hereby is, dismissed without prejudice.
MR. DONALD WAKEFIELD SMITH, DISSENTING :
In its Objections to the Intermediate Report, the Federal Local
alleged that the meeting held under the auspices of the Association
on the evening immediately preceding the election of April 12 was for
the purpose of coercing, intimidating, and misinforming the em-
ployees eligible to vote in the election.
In. its Decision of March 29, 1938 .1 the Board found that the actions
of the respondent indicated quite definitely that the respondent fa-
vored the formation of the Association and looked with disfavor upon
any outside organization, and further found that the Association
formed and administered with such encouragement and support from
the respondent became an organization of the respondent's choice.
As a result of such findings, the Board ordered the respondent to
26NLRB251
DECISIONS AND ORDERS 571
cease and desist from dominating or interfering with the administra-
tion of the Association and from contributing support thereto, and
ordered that the respondent should take immediate affirmative action
by disestablishing the Association as a collective bargaining agency.
The respondent notified the Regional Director that it would, not
disestablish the Association as ordered. Thus, the meeting on the
evening immediately preceding the election was alleged to have been
held -under a hostile atmosphere, by an organization found to be
company-dominated and which the respondent has refused to dis-
establish, in defiance of the Board's order.
While organized or unorganized employees may lawfully engage in
campaign activities prior to an election to determine collective bar-
gaining representatives, the attempt by a labor organization, found
by the Board to be company-dominated and ordered by the Board to
be disestablished, to influence the results of an election under such
circumstances as are here alleged-by coercion, intimidation, and
misinformation-implies interference of a character intended to pre-
elude a free choice of representatives by the employees, and warrants
a hearing to ascertain whether or not there was any direct or indirect
employer participation or interference.
The majority of the Board has overruled the Objections to the
Intermediate Report upon the ground that such Objections' do not
warrant setting aside the election. I believe a hearing should be held
to investigate the allegations contained in the Objections filed by the
Federal Local before any final determination of the matter is made.