The Archer Laundry Co.

National Labor Relations Board - Board Decisions

Jan 29, 1965

150 N.L.R.B. 1427 (N.L.R.B. 1965)

THE ARCHER LAUNDRY COMPANY 1427
CONCLUDING FINDINGS AND RECOMMENDED ORDER
The Board has consistently held, with court approval , that the burden of proof is on
the General Counsel to establish for each discriminatee the loss of pay which has
resulted from Respondents ' established discriminatory conduct; i .e., the gross backpay
over the backpay period. However, the burden of proof is on Respondents to show
diminution of that amount, whether such diminution results from the claimant 's willful
loss of earnings , or from the unavailability of a job at Respondents ' operation from
some reason unconnected with discrimination . The fact that the General Counsel, in
an effort to narrow the issues , has preliminarily examined claimants as to their attempts
to find work and the amounts of their interim earnings , and has prepared a backpay
specification attempting to fix the amounts of net backpay , does not shift the burden of
proof as to diminution of the amount of gross backpay . Much less does it shift
Respondents ' burden of proving that the net backpay claimed is erroneous. New
England Tank Industry, Inc., 147 NLRB 598.
Based on the formula set forth in the amended specifications , as amended, and on
the record as a whole, I find that the discriminatees are entitled to the following
amounts of backpay, less such taxable withholding as may be required by Federal or
State law, if any;. and, in addition , interest at the rate , of 6 percent per annum:
Anthony Licausi____ ___ $3,831 . 09 Joseph Gondek_______ $3,506.58
Leonard Calcaterra__ __ 3, 130. 93 Walter Wilson ________ 723. 39
Leonard Bieganski_____ 2,058.61 Edna Wilson__________ 3, 100. 13
It is recommended that the Board adopt the foregoing findings and conclusions.
The Archer Laundry Company and AFL-CIO Laundry & Dry
Cleaning International Union , Petitioner. Case No. 5-RC-4522.
January 29, 1965
DECISION AND CERTIFICATION
OF REPRESENTATIVE
Pursuant to a stipulation for certification upon consent election,
an election by secret ballot was conducted on April 9, 1964, under
the direction and supervision of the Regional Director for Region 5
among the employees in the unit described below. At the conclusion
of the election, the parties were furnished a tally of ballots which
showed that of approximately 134 eligible voters, 129 ballots were
cast, of which 68 were for, and 59 against, the Petitioner, with 2
challenged ballots. Thereafter, the Employer filed timely objec-
tions to conduct affecting the results of the election.
On September 9, 1964, the Regional Director issued and duly
served upon the parties his report on objections recommending that
the objections be overruled in their entirety' and that Petitioner be
certified as bargaining representative of the employees involved.
On October 22, 1964, the Employer filed timely ekceptions to the
report and a supporting brief.
Upon the entire record 1 in this case, the National Labor Rela-
tions Board finds:
1 The Employer's request for oral argument is hereby denied because the Regional
Director ' s report and the exceptions and brief adequately present the issues and positions
of the parties.
150 NLRB No. 139.
1428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act, and it will effectuate the pur-
poses of the Act to assert jurisdiction herein.
2. The labor organization involved claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of certain employees of the Employer within the meaning of
Section 9(c) (1) and Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the following employ-
ees of the Employer 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, including leadmen,
leadladies, and plant clerical employees, excluding office clerical and
branch store employees, drivers, driver-salesman, guards, and super-
visors as defined in the Act, as amended.
5. The Board has considered the objections, the Regional Director's
report, and the Employer's exceptions and brief, and hereby adopts
the Regional Director's findings, conclusions, and recommendations.2
Accordingly, as the tally of ballots shows that the Petitioner has
received a majority of the valid ballots cast, we shall certify it as
the exclusive bargaining representative for the employees in the
appropriate unit.
[The Board certified AFL-CIO Laundry & Dry Cleaning Inter-
national Union as the designated collective-bargaining representa-
tive of the employees of the Employer in the stipulated unit.]
2 The exceptions , in our opinion , raise no issue which would warrant reversal of the
Regional Director's findings and recommendations.
REPORT ON OBJECTIONS
Pursuant to a stipulation for certification upon consent election approved Febru-
ary 25, 1964 , a secret-ballot election 1 was conducted under the supervision of
Regional Director John A. Penello on April 9, 1964, with the following results:
Approximate number of eligible voters ------------------------------ 134
Void ballots----------------------------------------------------- 0Votes cast for Petitioner------------------------------------------ 68
Votes cast against participating labor organization --------------------- 59
Valid votes counted------- --------------------------------------- 127
Challenged ballots----------------------- ------------------------- 2
Valid votes counted plus challenged - ballots ------- ------------------- 129
Challenges are not sufficient in number to affect the results of the election.
The unit is: "All production and maintenance employees including leadmen, lead-
ladies, and plant clerical employees ; excluding office clerical and branch store employees,
drivers , driver-salesmen , guards, and supervisors as defined in the Act as amended "
The eligibility period is the payroll period for the week ending February 25, 1964.
THE ARCHER LAUNDRY COMPANY 1429
Timely objections to conduct affecting the results of the election were filed by the
Employer on April 16, 1964.2 I have carefully considered the objections and report
as follows:
Objection No. 1
1. The AFL-CIO Laundry and Dry Cleaning Union, the Petitioner in the
representation proceeding, by, through and in conjunction with various agents,
representatives, individuals and groups engaged in a deliberate and sustained
campaign of inflammatory and intemperate appeals to the racial emotions and
prejudices of employees of The Archer Laundry Company, thereby creating an
atmosphere surrounding the election which prevented a free and fair expression
of employee choice.
In support of this objection, the Employer cited the following seven instances with
comments:
1. A prime example of the irrelevant and inflammatory tenor of the campaign
to which the employees were subjected is a leaflet distributed to the employees
which is headed "FREEDOM IS EVERYONE'S FIGHT". The leaflet is
viciously illustrated. In line with a dog with bared fangs is the legend "Dogs
couldn't stop us!" In line with the picture of a policeman clubbing a prostrate
form is the legend "Police Brutality couldn't stop us!!" In line with a picture of
a fire hydrant and hose is the legend "Fire hoses couldn't stop us!!!" And in a
line with a caricature of a fat, bald-headed man carrying a bag of money in one
hand and a huge barbed club labelled "boss" in the other, is the legend "Are you
going to let your [boss] stop you?" The leaflet concludes "A yes vote for the
union is a yes vote for FREEDOM."
The Board must be well aware that the symbols presented on the first three
lines are hated objects, symbolizing the most virulent repression of civil rights.
They are not only an appeal to passion and hatred, but the leaflet untruthfully
and in an inflammatory manner equates the employer here as an oppressor of civil
rights of his employees of the same character. The appeal continues in its
impassioned entreaty for a vote for the union, not as a bargaining representative,
but as a vote for FREEDOM.' [See attached Appendix 1.]
2. In another, slick paper, leaflet attributed to the "Maryland Civic Interest
Group", a local group oriented to the civil rights fight, there is a large picture of
pickets with signs protesting segregation.2 On the back of the leaflet in large,
bold letters is the slogan `Support the efforts of AFL-CIO' say Civil Rights
Groups." The leaflet is headed on the front "THE FREEDOM RECALL." The
leaflet exhorts the "laundry workers" to join in the fight. While mention is made
of wages, hour and working conditions, these are subordinated to the theme of
racial equality and "freedom everywhere-and now." [See attached Appendix 2.]
3. The appeal to exacerbated racial emotions carried out in another leaflet
headed "What does Martin Luther King Jr. have to say about labor unions?" ends
with the exhortation that "the labor hater is almost always a twin-headed creature
spewing anti-negro talk from one mouth and anti-union propaganda from the
other". [See attached Appendix 3.]
4. In another leaflet issued over the title of the Civic Interest Group, along with
references to wages, hours and conditions, the appeal to vote "Yes" for the Union
ends with the exhortation `Be a free person-not a `Handkerchief-head Uncle
Tom.' April 9 is your day." According to the glossary of terms contained in
Time Magazine (Aug. 2, 1963) p. 14, this means the following: "Uncle Tom,
uncle, Tom, handerchief head, hanky-head. A subservient Negro (or lately, one
who warns against violence in civil rights demonstrations)." Thus, the appeal
equates a vote against the Union with a shameful act subjecting the voter to the
derision of his fellows on purely racial grounds. [See attached Appendix 4.]
'The Board is well aware that in today's fervil atmosphere, the word Freedom
is made synonomous [sic] with Civil Rights, as in "freedom marches", "freedom now",
and the like.
2 Compare the Board's statement in Sewell on p. 72 that "These photographs
and news articles were not germane to any legitimate issue involved in the election
and reinforce our conclusion that their purpose was to exacerbate racial prejudice
and create an emotional atmosphere of hostility to the [Employer]."
2 The petition was filed on February 3, 1964. I will consider on its merits only that
alleged interference which occurred during the critical period which begins on and in-
cludes the date of the filing of the petition and extends through the election. Goodyear
Tire and Rubber Company, 138 NLRB 453.
1430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. In a leaflet headed "A NOTE TO ARCHER LAUNDRY WORKERS
FROM: THE INTERDENOMINATIONAL MINISTERIAL ALLIANCE",
inter alia this appeal appears,
"But there is a bigger reason why you should vote for the AFL-CIO on
April 9. Colored people the world over are now on the march for freedom
and opportunity. We have scored many victories and we have scored them
because we have not been afraid. We have believed in God and His justice.
We have organized ourselves into a strong and honest force. We must
continue to do so in every way we can."
Again, the thrust of the basic appeal to the voter is to join a world wide march
to freedom and to participate in the many civil rights victories that have been won
by those who "have not been afraid"-issues quite extraneous to the N.L.R.B.
proceeding involved here. [See attached Appendix 5.]
6. In the Baltimore Evening Sun on April 7, 1964, in the "Labor Log" column,
under a headline "Laundry Workers to Vote on Union", there appeared this news:
"Six negro Protestant ministers from the association picketed the Archer plant in
support of the union yesterday morning as employees were coming to work and
the weekly bulletin distributed Easter and again last Sunday at St. Peter Claver
Catholic Church also urged laundry workers to vote for the union."
In the context of the racial appeal to the employees here involved, the signifi-
cance of ministerial pickets as an emotional device to convert the representation
proceeding into part of the current civil rights drive could hardly be lost on the
voters. [See attached Appendix 6.1
7. In an article in the Baltimore Afro-American of April 14, 1964, The
Regional Director of the AFL-CIO, Mr. Singleton, is quoted in a statement that
sums up the inflammatory racial orientation of this campaign: "The only inflam-
matory racial issue involved in the campaign," Mr. Singleton said, "is the poverty
of colored Archer Laundry Workers and the affluence of white owners." [Empha-
sis supplied.] [See attached Appendix 7.]
After noting that the electorate involved in this election was predominantly com-
posed of Negro employees, I believe it necessary to outline a brief, chronological
review of the facts in this matter before treating with the issues raised by the objections.
The investigation discloses that during the latter part of September and the first part
of October 1963, the Reverend Marion C. Bascom, a prominent Negro clergyman in
Baltimore and chairman of the Labor Committee of the Interdenominational Minis-
terial Alliance, was approached by several workers employed by certain of the laundry
establishments in Baltimore. According to Bascom these employees complained of
the working conditions existing at their places of employment. After some discussion
among other leaders in the Negro community, Bascom contacted Oliver Singleton,
regional director, AFL-CIO, region 4 organizing committee, and asked for the
assistance of the AFL-CIO. Singleton, shortly thereafter, arranged a breakfast meet-
ing for November 6, 1963, with the Interdenominational Ministerial Alliance, other
civil rights leaders, and officials of the AFL-CIO Laundry & Dry Cleaning Interna-
tional Union. At this meeting, Petitioner, with the support of the AFL-CIO organiz-
ing committee, agreed to begin an organizational drive in the Baltimore laundry
industry, provided that Petitioner receive the assistance of the various community
groups and their leaders.
During the period from November 1963 through April 9, 1964, approximately
eight meetings were held at the Douglas Memorial Church for the employees of
Archer's along with employees invited from the other laundries involved' in the
organizational drive. At these meetings, Bascom and other civil rights leaders,
along with AFL-CIO Representatives Singleton, Wood, Logan, James, and DeFebo,
talked with the assembled workers concerning Petitioner's goals and objectives and
also passed out union cards. Bascom and other ministers personally wrote and
sent out most of the letters to the employees asking for their attendance at these
jointly sponsored meetings.
As the election approached, the various civic groups in the Negro community
began to step up their activity as did the organizing committee of the AFL-CIO.
During the period from April 1 through 9, 1964, the day of the election, the Civic
Interest Group, headed by Mathew Purdy, passed out three different leaflets to the
employees at Archer's. The Civic Interest Group, according to Bascom, is account-
able to the Interdenominational Ministerial Alliance for the use of its funds and
also to a limited extent for its activities.
On April 3, 1964, a number of the members of the Civic Interest Group, com-
posed mainly of college students, passed out a leaflet entitled "News Flash." (See
attached Appendix 4.)
THE ARCHER LAUNDRY COMPANY 1431
Again on April 5, 1964, the Civic Interest Group appeared at the Employer's
plant and distributed a leaflet entitled "BREAK THE CHAINS OF POVERTY!!"
(See attached Appendix 8.) On April 7, 1964, members of the Civic Interest Group
distributed a third pamphlet during the preelection week titled "FREEDOM IS
EVERYONE'S FIGHT". (See attached Appendix 1.) Earlier in the year, the
Civic Interest Group had also distributed at least two other handouts; the first,
"THE FREEDOM RECALL", was distributed outside the Employer's plant some-
time during the month of January 1964, and the second, "GUARANTEE GUAR-
ANTEE GUARANTEE WHAT!" was passed out about March 25, 1964. (See
attached Appendixes 2 and 9, respectively.) In connection with the preparation of
these handbills, the Civic Interest Group conferred with the AFL-CIO organizing
committee for information about the laundry industry and on one or two occasions,
used reproducing equipment available at the organizing committee offices to prepare
the copies necessary for distribution.
The parent of the Civic Interest Group, the Interdenominational Ministerial Alli-
ance, heretofore mentioned, also engaged in handbillmg activity outside the employ-
er's plant on April 6 or 7, 1964. At this time, approximately six ministers passed
out the leaflet "WHAT DOES THE REVEREND MARTIN LUTHER KING JR.
HAVE TO SAY ABOUT LABOR UNIONS?" (See Appendix 3.) This leaflet was
.prepared jointly by the Alliance and a staff member of the AFL-CIO and then run
off on duplicating equipment provided by the Petitioner. The Alliance also jointly
prepared, with a staff representative of the AFL-CIO, a letter entitled "A NOTE
TO ARCHER LAUNDRY WORKERS". (See Appendix 5.) This letter was signed
by three officials of the Alliance and mailed by Petitioner to the homes of Archer's
employees.
Church bulletins from a local church in the area where most of the laundry work-
ers reside urged that any of its members who worked at Archer's should vote in
the upcoming election and vote for the Union. These announcements appeared in
the aforementioned church publication on two successive Sundays immediately pre-
ceding the election.
The AFL-CIO organizing committee also printed and distributed several hand-
bills to the Archer employees during the period from April 1, 1964, through the
day of the election, April 9, 1964. , One union leaflet, in particular, has been pointed
to by the Employer as a material misrepresentation of fact and is entitled, "THE
EMPTY PROMISES"; it was distributed as the employees came to work on elec-
tion day. (See attached Appendix 10.)
As noted earlier, the Employer has alleged that Petitioner and allied groups
engaged in a deliberate and sustained effort to exacerbate and inflame racial emo-
tions, thereby preventing the attainment of the high election standards which the
Board has for so long demanded. In support of this position, the Employer has
specifically pointed its objections to five pieces of literature distributed by the Civic
Interest Group and its parent organization, the Interdenominational Ministerial
Alliance. This literature is attached as Appendixes 1, 2, 3, 4, and 5. A leaflet not
specifically cited by the Employer, but which investigation discloses was distributed
during the critical period and entitled "Break, the Chain of Poverty" bears on the
same issue and is attached as Appendix 8.
I have given long and careful consideration to the contention raised by the
Employer 's objection No. 1, and to the positions of the parties as presented in memo-
randums and in oral argument before me.3
The Petitioner alleges that it is not responsible for the activities of the Interde-
nominational Ministerial Alliance in the election campaign. After careful consid-
eration of the relationship between the Petitioner and Alliance in the campaign, I am
of the opinion that the Alliance was in fact an agent of the Petitioner. Accordingly,
in the discussion that follows, the Petitioner is held responsible for all literature dis-
seminated on its behalf.
Repeatedly, the Board, as well as the Supreme Court, has held that in considering
whether or not certain activities of the participants in a preelection campaign pre-
vent the voters from making a free and untrammeled choice in selecting a bargain-
ing representative, a determination should be based upon the total complex of the
activities. Isolated incidents which may, in one context,be interpreted as interfer-
ence with the "laboratory conditions" for an election, may, as elements of another
campaign theme, take on an entirely different meaning and convey an entirely dif-
ferent impression to employees. As a call to arms may, in one circumstance, be
' The parties stipulated, upon my suggestion, that the recdrd of the oral argument
in this matter be transferred to the Board in Washington for- its consideration along
with the Regional Director 's Report on Objections. '
1432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the words of a partiot , in another it is the cry of a warmonger . Revolution, in one
instance, may be an act of treason ; in another situation it may be viewed as the
embodiment of devotion to one's country.
So must be viewed appeals to racial self -consciousness . Admittedly in the instant
case, as in Sewell Manufacturing Company, 138 NLRB 66, there has been such 'an
appeal . However, there is a vital difference between the basic themes of these two
campaigns . In each, the idea that unions support racial integration and equality
was hammered home , yet the purpose of such emphasis was different in the two cases.
The campaign literature distributed by the Employer in the Sewell Manufacturing
campaign was designed solely to inflame racial hatred and to engender a conflict
between Negro and white workers in a southern plant. The Employer attempted, to
take advantage of the latent prejudices of his white workers by equating unionism
with integrated working conditions , knowing that such conditions would be distaste-
ful to the white workers. A picture of a white union leader dancing with a Negro
woman implied that unionism would bring in its wake social and physical race mix-
ing. There was little mention in these campaign activities by the Employer or its
agents that unions would or would not bring economic benefit to the workers. The
theme was that unions demand ". . . racial integration , socialistic ' legislation, and
free range of communist conspirators."
The theme of the Archer Laundry campaign on the part of the Union and its,
agents was undeniably based upon a racial issue , but with different implications.
The literature distributed did not deliberately seek to invoke the hatred of the Negro
employees for white people . The literature in the instant case was not designed to
engender race hatred , but instead , racial self-consciousness . Negro workers were
told that because they were Negroes, they were discriminated against in the economic
sphere . The point was made that Negroes have, in the past, received lower wages
and were subject to poorer working conditions than white workers , primarily because
they were Negroes. They were urged to join a union , which is not an act against
the white race, to permit concerted action which could bring Negroes to equality
with whites . The central theme of the campaign is summarized in a statement in
Appendix 5: "It is a simple fact that colored workers who belong to -unions are far
better off than those who don't."
The Negroes working at Archer Laundry were told that for the past few year`s,
Negroes have banded together in an effort to overcome their de facto inferiority in
American society , and that Negro solidarity in facing ' barriers to equality ' with
whites in many aspects of life-education , the right to vote, recreation-has achieved
"freedom" from these barriers for the individual Negro. Unionism , according to
the theme of the Archer Laundry campaign , is another method of concerted action
which Negroes may use to better their lot in this society . Thus, a distinction must
be drawn between racial propaganda designed to inflame racial hatred and set the
tone of a union campaign as a battle of one race against another as in Sewell, and
racial propaganda designed to encourage racial pride and concerted action.
In its Sewell Manufacturing decision , the Board stated that it,
does not intend to tolerate as "electoral propaganda " appeals or arguments
which can have no purpose except to inflame the racial feelings of voters in the
election.
This is not to say that a relevant campaign statement is to be condemned
because it may have racial overtones.... -
In the instant case the appeal to the racial issue was germane to the larger issue of
the'advantages and disadvantages of a union for the Archer Laundry workers., Iso-
lated references to either the de facto inferiority of the Negro-for instance, "Be a
free person-not a `Handkerchief-head Uncle Tom."' (Appendix 4)-or to past
incidents in the current Negro fight for civil liberties , for instance, Appendix 1, must
be viewed in the context of the theme of the campaign . These were not designed
to inflame the hatred of the Negroes for the white workers in the plant , but rather
to tell them that Negro solidarity has proved in the past to be the most effective
means of gaining benefits for the individual Negro. Concerted action, in the form
of a labor union , is portrayed as another way by which Negroes may strive to
achieve equality-freedom-in American society. References to the Employer were
not designed to instill in the Negro workers hatred for him,because he- is white.
They were nothing more than the typical anticompany slogans found , in most union
election campaigns. . • 1
In its objections to conduct affecting the results of the election the Employer cites
several examples of the Union's campaign literature , alleging that they
exploited the already inflamed emotions of Archer 's employees...." The first of
these is reproduced as Appendix 1. 1 am of , the opinion that this leaflet was designed
THE ARCHER LAUNDRY COMPANY 1433
to. present symbols of Negro unity in the fight for "FREEDOM" synonymous with
equality, and not to inflame the hatred of the Negroes for the white race. The boss
is not, as the Employer contends in his objections, portrayed as ". . . an oppressor
of civil rights ...." but rather as the person with whom the workers must contend
in order to obtain better working conditions and higher wages. Privileged campaign
literature often suggests that the Employer stands in the way of better working con-
ditions for employees and that the Union as their bargaining agent will be able to
overcome his resistance to the workers' demands.
The second example cited by the Employer is reproduced in Appendix 2.4 This
leaflet employs the word "FREEDOM" but again, in the context of economic secu-
rity and job rights. The "FREEDOM" to be attained is freedom from poverty.
There is no appeal to racial hatred.
The third example is Appendix 3, which reads in part:
"OUR NEEDS ARE IDENTICAL WITH LABOR'S NEEDS: DECENT
WAGES, FAIR WORKING CONDITIONS ... HEALTH AND WELFARE
'MEASURES, CONDITIONS IN WHICH FAMILIES CAN GROW, HAVE
EDUCATION -FOR THEIR CHILDREN AND RESPECT IN THE
COMMUNITY."
"THAT IS WHY NEGROES SUPPORT LABOR'S DEMANDS. THAT IS
WHY THE LABOR HATER IS ALMOST ALWAYS A TWIN-HEADED
CREATURE SPEWING ANTI-NEGRO TALK FROM ONE MOUTH AND
ANTI-UNION PROPAGANDA FROM THE OTHER."
While this language has emotional overtones and is not condoned, I do not find it
to be sufficient basis for setting the election aside under the Sewell Manufacturing
rule. The basic theme is-concerned with wages and working conditions and is not
directed against the white people as a race. A vote for the Union is represented as
a vote for better working conditions, not a vote against the white race. In Sewell,
a vote against the Union was represented as a vote against the Negro.
A fourth example is Appendix 4. This is obviously economic in orientation, the
only racial appeal being an exhortation to the workers not to be a "Handkerchief-
head Uncle Tom" but to help achieve "FREEDOM" from de facto' inferiority by
voting for the Union. There is no deliberate appeal to the emotion of racial hatred.
This is another instance of the repeated appeal to racial pride.
Appendix 5, cited by the Employer, summarizes the theme of the campaign.
Again the point is stressed that unionism will bring economic benefits to Negro
workers. It also points out that:
There are over sixteen million Americans who are members of unions in
the United' States, and, most of these union members enjoy good wages, job
security, sickness and hospital protection and many other benefits that you now
lack. The way to achieve these things is through the union, through the AFL-
CIO.
In this statement-are included all union members, Negro and white, who allegedly
have achieved improved economic status through unionism. There is no sugges-
tion that white workers should not be permitted the same rights as the Negroes.
The Employer also submitted a newspaper article of a statement made on April 14,
1964, by AFL-CIO Regional Director Oliver Singleton to the effect that "The
only inflammatory racial issue involved in the campaign ... is the poverty of col-
ored Archer Laundry workers and the affluence of white owners." This statement
was allegedly made 5 days after the election and could not have influenced the
employees at the time of the election nor does it establish an earlier effort to inflame
racial prejudice.
The Employer objects to picketing by six Negro Protestant ministers as "... an
emotional device to convert the representation proceeding into part of the current
civil rights drive. -..." The civil rights drive has for its aim the achievement of
equality for the Negro in all areas of American society, including the economic
sphere. It is my opinion that such a connection is not proscribed. Therefore, the
civil rights issue, where it is not invoked solely to stir up antiwhite sentiment and
is invoked for the purpose of telling employees that "freedom" or "equality" has
been and will be, achieved by concerted action, is germane to a union election
campaign.
A union election is often an emotional proceeding. Campaign literature usually
appeals to some type of emotion.
' This leaflet was distributed in January 1964, before the filing of the petition and
is not to be considered as a possible basis for setting aside the election However it can
be'considered as background.
1434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board stated in Ideal Baking Company of Tennessee, Inc., 143 NLRB 546:
this Respondent, in its bakery, utilizes basic ingredients which, by com-
bining them in different ways, may produce a variety of baked goods, and even
a slight deviation from the prescribed manner of mixing those ingredients may
result in an unacceptable product. So it is with words and speech.
Similarly, an appeal to racial self-consciousness may produce a variety of emotions,
depending upon the context. In some cases, such appeals may result in vicious race
hatred. In another circumstance, such appeals may promote reasoned and admir-
able ambition in an unfortunate race of people.
In the Sewell Manufacturing decision, the Board set an election aside where one
of the parties ". . . deliberately . . . [sought] to overstress and exacerbate racial
feelings by irrelevant, inflammatory appeals.. . However, it is my opinion that
the appeals to race in this campaign were not irrelevant, and the Petitioner has sub-
stantially established that its racial message was truthful and germane. In fact, the
theme of the campaign struck deep into the very core of the traditional union appeal
for economic betterment. Therefore, I conclude that the campaign literature dis-
tributed by the Union and its agents was in the instant case privileged campaign
propaganda and recommend that objection No. 1 be overruled in its entirety.
Objection No. 2
2. The Petitioner, by, through and in conjunction with various agents, rep-
resentatives, individuals and groups engaged in a systematic campaign of mis-
representation of both facts and issues intended to mislead and confuse employ-
ees eligible to vote in the election.
The Employer lists the alleged misrepresentations as follows:
a) The misrepresentation that anyone opposed to representation of the
Employer's employees by the Petitioner is thereby also prejudiced against
Negroes and opposed to civil rights.
b) An attempt to mislead the voters into believing that a letter addressed to
the Employer's employees on behalf of Petitioner and signed by certain commu-
nity leaders was originated and composed by those gentlemen.
c) The misrepresentation that the Employer pays its employees 65¢ to 75' an
hour.
d) The misrepresentation that the Employer "made well over a million bucks
last year."
e) The misrepresentation that Petitioner could "guarantee" the employees
increased wages and benefits if the employees voted "Yes" in the election.
In support of "a)" above the Employer points to Appendix 3, the leaflet entitled
"WHAT DOES MARTIN LUTHER KING JR. HAVE TO SAY ABOUT LABOR
UNIONS?" This leaflet has already been discussed in connection with Employer's
objection No. 1. The pamphlet, in pertinent part, says only that-
THE LABOR HATER IS ALMOST ALWAYS A TWIN-HEADED
CREATURE SPEWING ANTI-NEGRO TALK FROM ONE MOUTH AND
ANTI-UNION PROPAGANDA FROM THE OTHER."
It does not state, as the Employer contends, that ". . . anyone opposed to represen-
tation of the Employer's employees by the Petitioner is thereby also prejudiced
against Negroes and opposed to civil rights." In any event, this does not appear to
be the type of misrepresentation contemplated by the Board in The Gummed Prod-
ucts Company, 112 NLRB 1092, line of cases.
In support of "b)" the Employer points to Appendix 5, "A NOTE TO ARCHER
LAUNDRY WORKERS." The investigation discloses that a member of the AFL-
CIO staff in the Baltimore office collaborated with the Reverend Marion C. Bascom,
and the other signatories of the letter, in its composition prior to its mailing a few
days before the election. The fact that most of the language of the letter may have
been initially composed by one other than the signatories, does not make it a mis-
representation for them to adopt the content of the message and then sign their
names thereto.
In support of "c)" the Employer alleges that a misrepresentation was made by an
unspecified party that the Employer pays its employees 65 to 75 cents an hour, while
in fact its starting rate is 79 cents per hour. The Employer has not furnished any
evidence that such a statement was made to support this claim.
In support of "d)" the Employer points to Appendix 10 which alludes to the bene-
fits enjoyed by the employees of the Employer and makes a rather vague statement
to the effect that "Your boss made well over a million bucks last year...." Accord-
ing to counsel for the Employer, Archer's operated in the red last year. Nonetheless,
THE ARCHER LAUNDRY COMPANY 1435
the statement, which was a part of the leaflet that was handed out on the day of the
election, seems too vague in the overall context of the leaflet and the campaign to
have had significant impact on the election, and is not such misrepresentation which
could well have significantly affected the election results.
In support of "e)" the Employer pointed to Appendix 9. This Appendix does not
in my opinion, claim that the Petitioner can guarantee the employees increased wages
and benefits and is nothing more than permissive campaign propaganda.
The evidence produced by the Employer to support its objection No. 2 which,
succinctly put, alleges that material misrepresentations were made and made at such
time that it was impossible for the Employer to answer, does not support the alle-
gation. Accordingly, I recommend that objection No. 2 be overruled.
In summary, and for the reasons set forth above, I recommend that the Employ-
er's objections be overruled and the Petitioner be certified as the bargaining repre-
sentative of the employees involved.
APPENDIX 1
E 3
qtyc)rN[E9s 0Goi'rr
could n t stop us I I I
are you gang to let youre;al
stop you r r
JI
a yes vote fc r theu iIton Ls
a yes vote f or l^ Uc^ J lJ DD -i J ^^1 l
1436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX 2
EsPECIAL EDITIO
THE FREEDOM RIft E
Vol 1, No I MARYLAND CIVIC INTEREST GROUP, 1307 Eutaw Place , Baltimore , Md 21217
r , r
SIT-IN STUDENTS CALL
FOR ECONOMIC SECURITY
AND FREEDOM
THESE STUDENTS ALSO PROTEST ECONOMIC EXPLOITATION OF LAUNDRY WORKERS
DEMAND JOB RIGHTS AND
PROGRESSIVE AFL-CIO
UNION REPRESENTATION
THE ARCHER LAUNDRY COMPANY
APPENDIX 2 (Continued)
1437
'Support the efforts of AFL -CIO,'
say Civil Rights Groups
The Labor Chairman of the Interdenomination-
al Ministers' Alliance recently made a public de-
mand for impiovement in the working conditions
and pay scale of Baltimore's low wage laundry
workers
THE MORNING SUN of November 24, 1963,
in reporting this action said "The Rev Marion C.
Bascom, Chairman of the Alliance's labor commit-
tee, met recently with top AFL-CIO officials in
Baltimore to ask for their cooperation The AFL-
CIO is about to begin a mass organizing campaign
in the area "
THE AFRO of November 23, 1963, quoted the
Interdenominational Ministers' Alliance as saying
"It will resist and advise against any employ-
er's attempts to organize independent plant un-
ions ' (Independent unions operating in the city
aie District 50 and the Teamsteis)
An AFL-CIO news service release, dated De-
cemher 3, 1963, quotes A Phillip Randolph, Presi-
dent of the Sleeping Car Poiters, as saying
"The AFL-CIO's civil rights task force, Ran-
dolph said, 'is a very splendid invention' which,
working through local central bodies, 'will be able
to arouse, awaken, inform and advise on the com-
munity struggle against bias and form a coalition
with church and Negro groups
"This approach, he said, 'can't fail' because it
is based on achieving 'God-given' human rights"
The call of the Interdenominational Ministers'
Alliance for assistance to laundry workers has
been endorsed by
Woman Power
Baltimore Urban League
Prince Hall Masons
The NAACP
And other important community -
organizatiors
The AFL-CIO has formed a Baltimore-Wash-
ington Organizing Committee and this committee
will iemain active in the Laundry Industry so long
as there is one unorganized and low-paid laundry
worker being exploited by a rapacious employer
THE AIMS AND ASPIRATIONS
OF AFL-CIO
A) To improve wages, hours and working condi-
tions for workers.
B) To achieve equality of opportunity for all
workers, regardless of race, creed , color or
national origin.
C) To promote freedom everywhere - and now
Members of the AFL-CIO have a higher in-
come, work fewer hours, enjoy more protection
and benefits such as pensions and vacations and
safer working conditions
Since everybody else wants to help you, are
you interested in helping yourself' If so, sign a
card with the AFL-CIO and let's move forward.
ATTENTION LAUNDRY WORKERS!
How you can help yourselves
If you want to see Laundry Workers get better pay , benefits and conditions-
1. Speak to your friends
2. Attend Organizational Meetings
3. Sign the AFL-CIO Card
4. Come to the offices of the AFL-CIO , 305 W . Monument Street -
Phone 752-5440
or contact Rev. Marion Bascom , Douglas Memorial Community Church , Lafayette
and Madison Avenues, Phone LA 3-1700
1438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX 3
WIIAT DOES T N £ REVS R-EN D
MARTIN LUTHUR KING JR . HAVE TO
,SAY ABOUT LABOR UNIONS ?
George Meany , President of the AFL-CIO, pine a
delegate's badge on Reverend K!ng, guest speaker
at a recent AFL-CIO Convention.
J
"OUR NEEDS ARE IDENTICAL WITH LABOR ' S NEEDS: DECENT
WAGES, FAIR WORKING CONDITIONS ...HEALTR AND WELFARE
MEASURES , CONDITIONS IN WHICH FAMILIES CAN GROW, RAVE
EDUCATION FOR THEIR CHILDREN AND RESPECT IN THE
COMMUNITY."
"THAT IS WHY NEGROES SUPPORT LABOR'S DEMANDS. THAT
IS WHY THE LABOR RATER IS ALMOST ALWAYS A TWIN-HEADED
CREATURE SPEWING ANTI -NEGRO TALK FROM ONE MOUTH AND
ANTI -UNION PROPAGANDA FROM THE OTHER."
VOTE YES ! VOTE FOR THE
AfL-CIO LAUNLRY WORKERS UNION
THE ARCHER LAUNDRY COMPANY
APPENDIX 4
N E WS
Radio station WEBB ( 1360 on your dial ) will feature
an interview with AFL-CIO Regional Director Oliver
Singleton at 6:00 P.M., Sunday, April 5, 1964.
This interview is on the AFL -CIO campaign to organize
laundry workers . Tune ini
We hear that the bosses are now calling you in to talk
to you , urging you to vote against the union.
Have they ever called you in to talk to you about:
Working conditions
Work loads
lay-offs
Discharges
Wage increases
Paid vacations
Paid holidays
A Health & Welfare Plan
Promotions
When you vote "YES" for the union , the bosses WILL
TALK TO YOUR COMMITTEE ON ALL THESE SUBJECTS.
Be a free person - not a "Handkerchief-head Uncle Tom."
April 9 is your day.
J. P. Purdy
Civic Interest Group ( urges you to vote "YES".)
Labor Committee
For Information Call 752-54h0
775-692-65-vol. 150-92
1439,
1440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX 5
A NOTE TO ARCHER LAUNDRY WORKERS
FROM: THE INTERDENOMINATIONAL MINISTERIAL ALLIANCE,
Dear Friend:
In a few days, on April 9 to be exact, you will have a choice to make . That choice
is between the AFL-CIO Laundry and Dry Cleaning International Union and no
union. We ministers of the Interdenominational Alliance strongly urge you to vote
for the AFL-CIO. And we'd like to tell you why. Our sympathies are with the
AFL-CIO because our sympathies are with you laundry workers. We believe the
only way laundry workers can help themselves is through organization.
It is a simple fact that colored workers who belong to unions are far better off than
those who don't.
There are over sixteen million Americans who are members of unions in the United
States, and most of these union members enjoy good wages, job security, sickness and
hospital protection and many other benefits that you now lack. The way to achieve
these things is through the union, through the AFL-CIO.
But there is a bigger reason why you should vote for the AFL-CIO on April 9.
Colored people the world over are now on the march for freedom and opportunity.
We have scored many victories and we have scored them because we have not been
afraid. We have believed in God and in His justice. We have organized ourselves
into a strong and honest force. We must continue to do so in every way we can.
Joining the AFL-CIO is one way of fighting for economic justice for colored Amer-
icans everywhere. It is one way of helping the poor become less poor, of giving them
a sense of dignity and security.
Once again, we strongly urge you to vote for yourselves-for freedom and for eco-
nomic opportunity. In short, we urge you to vote for the AFL-CIO.
r APr.n ll a, r ad^
^
11
^ m^ n Mln ^ '1G
ndvere ).arion Baecoo , Chnimcn, Labor C.-ittee
noaLnational Mlntatertal Alit=ca
Ooo tttaaCwrge Cra..I.y, Chat- n, Aroh,r laundry
otnational Ministerial Allic 'n
Esso Heating Oil
OIL BURNERS
Carroll Independent Fuel Company
750 E 25th STREET COAL CALL BE 5.1066
Cor.•plr urnu o1 LA 3.5155
REGENT THEATRE TIME PRINTERS
1619 Pi1ISYLVANIA AVE
... where Tome is of the essence"
LA 3 0624
2239 N Fulton Avenue
Balnmore , Md 21217
Druid Hill Phillips For Health . Fun = Skill
Laundry Funeral Home Lafayette
DRY CLEANERS
Arhaeroo S PAdhp,, Dm,,,.,
MODERN FUNERAL Bowling Center
Druid Hill Aye and CHAPEL
Wilson Street Prompt Sympstbeac Serve
r
2206 W Lafayette Ave.
Cali No 9.1991 - Prompt 1727 N Monroe Sta 3 S 13-a, Poop
Pick Up and Delivery Phone 523.4918 CE 3 0785
Phone NO 9.9470 NO 9.7585 LA 3-1520
NOrth 9 3377
Mary F. Burns
Young' s Cleaners Geo. E. Belson Florist
6 Hon, Clraning Semite -Funeral Home Floral Designing
2200 Penns Ave Veona R. Buley , Asst Spctrolsstr
1348 N Calhoun St 2336 Penn. Ave
Baltimore 17, Md
Balnmore 17 , Md Baltimore 17, Mal
George E. Denis SHOP - SAVE Adams
Realty Brokers
ESSO DEALER k 1519 Penna. Ave.
Fremont
ont
Ave & B R I L L' S
Properties Bought & Salt!
P
St
roperuts M-Sed
Real Collected
Baltimore 17 , Md 1803.05 Penn,, Ave PHONE NO 97200
Eveain8, 947 3141
PATRONIZE OUR ADVERTISERS
Robinson's Cut-Rate Druq Store
- Free Delivery -
2139 41 PENNSYLVANIA AVE NOrth 9 1347 • 5885
O.O+O.O 'd•ATO*O.O•P'O•APW^O^On0+0^0.0.
T EU 0
ST. PETER. C-LAVE'R.-
CATHOLIC CHURCH
I
AM THE
LIGHT
-OF THE
WORLD
John 8 • 12
.MUST BRING
CHRIST
TO MY
NEIGHBOR
Fmm•nt i t Penntylranl • Ma, B•h• 17, Md NO 9 .9159 - JOIIPHITI FATHIRS
Sunday Moues 5 30, 7, 8, 9, 10, 11 and 12 30 Wkday Mati •, 6 30 and 8-00
• Holy Day Maw, 6, 7, 8, 9 , 10 and 6 P M • Cont•ulonr Saturday 9.6 and 7.9 P M.
Mlmculour Medal Novena Monday at 5 and 8 P M ' • Beat-, Enry Sunday of 3 30 P M
Instructwn Cl,- Monday and Thunrdoy, I1 A.M and 8 P M
HIS IS THE DAY EASTER SUi5O 1 1954 j
WHICH THE LORD HAS MADE I
THIS IS OUR EASTER HYMN I
CHRIeTIANS , TO THE EASTER VICTIfa CFFER YCJR THANKFUL PRAISES.
A LAMB RELEEIIEO THE SHEEP: CHRIST, WHO ALCNE Is SINLC S,
RECONCILED SINNERS TO THE FATHER.
DEATH 150 LIFE H.VE FOUGHT IN THAT 1IG,TY FIGHT,
THE PRINCE OF LIFE, wHO DIED , REI3NS FDREVER
BRERK, 1L,RY, ..NO TELL US WHAT YOU SAW AS VCU wE"vT ELITE:
"r"E
'I
HR, -T, LHO I5 LIVING,
THE GLORY CF 3EbU5 "RC3URRECTICN."
13'iG,'T A?, GELS GIVE WIlVINS,
TnC BORIAL CLOTH IS NEATLY FLLCEO.
YES, CHRIST MY HCFE is RISEN "TD G,-,LILEE r'E GOES BEFORE YOU."
CPRIST !':GEED FRC>I DEATH H,S RIbET,
F01 U5 .Fl LIFE HE HAS CBTAI'EO. -
H4'J= eERCY, A,3 ARI L,•J KR E,ER RcIGP'IGG.
A"E'. AL,.ELJEH.
WE 4411: _ 1LJL Ii. LOVE CUSinG T:: LY ,,J TH. CL'! ,DST
PA- n T. e eep on roicg F:raara. Juet 'ave to __ the abet
king, ofa Ch.lens this ne,gnooin dod` _ e,•er Sean.
SCE C,-RIST 171 En"-:OY .L,_7 -;E C•'R1°_T :.1 YELl.
This rust be every ° -ent .,F evrry -v, ,- •,st-er , ere __ a72, ;o
matt=_r What .._ are da ^g, a ,,ztt-_ brC .dth.
IT '-IZJLO BE CC90 IF YOU CiZZ,O •:S O 4AL'!
6JI MUIIILN CURIE THE L,EEHO.+.S -arvsps^Jd, ciild CC it at !east
days each weds. The regular srhadoie of Masses are at 6.10
and B every acrning.
LAST 51110AY'S COLLECTION A,'Cd;ITEO TO: o1,11U.05.
RO SCn00L THIS WEEK. The laud Sisters will be attending an
ecucatienal convention at 4tl.ntic City. Please pray that they
don't Spend too much time cn the bc=_rcual<.
DOROTHY ROSS is in JCH'1 ":Hits 'GSPIT:L, BLHf'CRE 51351, IS Iii
USAVt =ITf CAPITAL ,'10 =" CH:SLEY end el,nR 2RCC are in
PHuhiLE' T -:LF1THL. CH;'BT S:RRY is r_cevorAng nicely at home.
Mai. C,,-,.T= SLA''I Is up ace eroUnd o-in _ltnou_h pretty much
ecr,fineto h,_-. C,I:xLES CCRSEI still is no' tcc well. LEG TRIPP
W' are to r=pore - = thing O,Ct :n SneyR. PLE,SE P,1sY FOR
ALL -- - cERS.
HE HAS ARISEN 1 ALLELUIA 1H.
MARCH FGR
"""I 0I3N I TY
TOMORROW
PAIN at 10 30 A M.
BUS LEAVES 11 15
wE 'laRCH AT NCC'J
PRGGRAII at 1 P ?
CITY HALL PLAZA
DICK CRECORY
SENHTOR JAVITZ
VOL 7 j1- NS
HERE TO SEE YOU EN THE MARCH FOR
13
BALTIMORE TOMORROW We must have
your name if you arc going on t'
the bus. Be sure to call and let
us knou.
WE HAVE JUST CA3ANIZEO A PARISH
We will meet every 2nd and 4th Monday after
Novena.
COMMITTEE FLR CIVIL RIGHTS. Mrs.
Esther Williams is President,
Miss ',ary Holt , Vice-President.
ALL LHUNCRY WARMERS ARE URGED TO ULTE FOR THE UNIONS in the
upcoming elections. Again and again the Pope have stressed the
Christian duty of workers um tong together For better wages and
Setter working conditions. Baltimore surely neeos this. All of us
can pray that the present campaign is succe ssful.
3C SURE TO GET OUT TNT RJGISTER TC luTC. If you are downtown thi'
Thursday stop in at Hoschilo u - _t-en 5 and a 30 A booth wl__
be at up n t e store '_n Saturday _t scnocl ;1120, the corner
of tilerT. a,'d ^err.syl genii .,vs. will register voters from 2 till
E P ;1. Ever) day - ? to 4 P.M. you can always register at the
per _1, ant h"edq_.er ars, Fayette and Gay etreets . You can't vote,
if yLe era not ragistare d.
.RE '1-' 1,,G ML,- FOR TLC B_O TRIPS Tu THE WORLDS FAR I' LEN
"Ott CITY cusses w,l1 leave early in tna morning and recur'
late at night. We will have one seek- Say excursion and one bunch.
.rip. Here are the dates. 14ase your plans now:
WEGNESOAY - A11GJST Stn A.M.
SUSOIY - AUGUST 9th (after 5 30 (Mass)
TICH