Standard Press Steel Co.

National Labor Relations Board - Board Decisions

Jun 11, 1970

183 N.L.R.B. 265 (N.L.R.B. 1970)

STANDARD PRESS
Standard Press Steel Company-Industrial Fastener
Division-Cleveland Cap Screw and International
Union , United Automobile , Aerospace and
Agricultural Implement Workers of America,
UAW, Petitioner . Case 8-RC-7568
June 11, 1970
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
BY MEMBERS FANNING, BROWN , AND JENKINS
Pursuant to a Stipulation for Certification Upon
Consent Election approved by the Regional
Director for Region 8 on July 11, 1969, an election
by secret ballot was conducted on July 25, 1969,
under the direction and supervision of the said Re-
gional Director, among the employees in the stipu-
lated unit. At the conclusion of the election, the
parties were furnished a tally of ballots, which
showed that, of approximately 460 eligible voters,
447 cast ballots, of which 188 were cast for, and
254 against, the Petitioner. Five were challenged, a
number insufficient to affect the results of the elec-
tion. Thereafter, on July 31, 1969, the Petitioner
filed timely objections to conduct affecting the
results of the election.
In accordance with the National Labor Relations
Board Rules and Regulations, the Regional
Director conducted an investigation and on August
13, 1969, issued his Report on Objections, in which
he recommended that the objections be overruled
and that a certification of results of election issue.
The Petitioner filed timely exceptions to the Re-
gional Director's report, and a brief in support
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 claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning representation of employees of the Em-
ployer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. In accordance with a stipulation of the parties,
we find that the following unit is appropriate for the
purposes of collective bargaining within the mean-
STEEL COMPANY 265
ing of Section 9(b) of the Act:
All production and maintenance employees,
including group leaders, at the Employer's
Cleveland, Ohio, plant, but excluding all office
clerical employees, professional employees,
guards , and supervisors as defined in the Act.
5. On July 24, the day before the election, the
Employer distributed cloth bags, each containing
105 pennies, to all the hourly rated employees. At-
tached to each bag was a card, on one side of which
was printed the following:
Here are 105 pennies. This is the average em-
ployee cost per hour to your Company for the
employee benefits at CCS.
This represents the cost of such benefits as
listed below and others:
Pension
Medical Care
Life Insurance
Accidental Death and Dismemberment
Gear Plan
Paid Holidays
Vacations
Sick and Accident Insurance
These benefits are only a part of the continuing
progress in providing SECURITY!
On the reverse side, the card showed the follow-
ing:
FOR YOUR JOB SECURITY
VOTE NO UNION!!
NO
The bags with the cards were distributed in the
timeclock area of the plant between 6:30 and 8
a.m., and from 3 to 6 p.m. The employees who
were absent or on vacation on July 24 received
their bags and cards during the week after the elec-
tion. It appears that the Employer's average cost
per hour of employees' benefits paid by the Em-
ployer for each employee amounted to $1.05.
Petitioner's objections claim that the Employer
interfered with the election by its conduct
described above. Contrary to the Regional
Director, we find merit in this contention.
By its bag of pennies and the explanation pro-
vided on the one side of the card attached thereto,
the Employer gave the employees a dramatic
demonstration of its "continuing progress in provid-
ing SECURITY." On the reverse side of the very
same card, however, the employees were warned
183 NLRB No. 33
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that "FOR YOUR JOB SECURITY VOTE NO
UNION" in the election scheduled for the following
day. As we read this side of the card it pointedly
links continued job security with a no-union vote.
We think that this was the message intended by the
Employer and received by the employees. In view
of this threat of loss of benefits we find an inter-
ference with the election herein which requires that
the election be set aside.
Accordingly, we shall order that the election be
set aside and direct that a second election be held.
ORDER
It is hereby ordered that the election conducted
on July 25, 1969, be, and it hereby is, set aside.
[Direction of Second Election' omitted from
publication.]
' In order to assure that all eligible voters may have the opportunity to be
informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their ad-
dresses which may be used to communicate with them Excelsior Un-
derwear Inc , 156 NLRB 1236, N L R B v Wyman-Gordon Co, 394 U S
759 Accordingly, it is hereby directed that an election eligibility list, con-
taining the names and addresses of all the eligible voters, must be filed by
the Employer with the Regional Director for Region 8 within 7 days after
the date of issuance of the Notice of Second Election by the Regional
Director The Regional Director shall make the list available to all parties
to the election No extension of time to file this list shall be granted by the
Regional Director except in extraordinary circumstances Failure to
comply with this requirement shall be grounds for setting aside the election
whenever proper objections are filed