Timber Laminators, Inc.

National Labor Relations Board - Board Decisions

Mar 5, 1959

123 N.L.R.B. 60 (N.L.R.B. 1959)

60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[The Board sustained the challenges to the ballots of the laid-off
employees listed in footnote 2, and ordered that, in the event the Peti-
tioner does not receive a majority of the valid votes cast after the
challenged ballots cast by the fixers have been opened and counted,
the Regional Director shall conduct a hearing on the issues raised
by the Regional Director's report on objections Nos. 3 and 4 and the
Petitioner's exceptions thereto.]
[The Board further ordered that, in the event such a hearing is held,
the hearing officer designated for the purpose of conducting the hear-
ing serve upon the parties a report containing resolutions of the
credibility of witnesses, findings of fact, and recommendations to the
Board as to the disposition of the objections, and referred the matter
to the Regional Director for disposition as provided for herein.]
Timber Laminators , Inc. and Carpenters Local 426, United
Brotherhood of Carpenters and Joiners of America, AFL-
CIO, Petitioner. Case No. 36-RC-1370. March 5, 1959
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to the Decision and Direction of Election issued by the
Board on November 28, 1958, an election by secret ballot was con-
ducted in the above-entitled matter on December 16, 1958, under the
direction and supervision of the Regional Director for the Nineteenth
Region . Upon the conclusion of the election a tally of ballots was
furnished the parties in accordance with the Rules and Regulations
of the Board.
The tally of ballots shows that there were approximately 25 eligible
voters, and that 24 ballots were cast, of which 15 were for the Peti-
tioner, 8 were against the Petitioner, and 1 was challenged.
Thereafter, on December 22, 1958, the Employer filed timely objec-
tion to conduct affecting the results of the election. On January 6,
1959, the Regional Director issued and duly served upon the parties
his report on objections, attached hereto. In his report the Regional
Director, in substance, found no merit in these objections, and recom-
mended to the Board that the objections be dismissed and that the
Petitioner be certified as the exclusive bargaining representative of
the employees in the unit found apropriate. On January 22, 1959,
the Employer filed exceptions to the Regional Director's report.
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 Leedom and Members Bean and Jenkins].
The Board has considered the Employer's objections, the Regional
123 NLRB No. 5.
TIMBER LAMINATORS, INC. 61
Director's report, and the Employer's exceptions. In agreement with
the Regional Director, we find that the objections do not raise substan-
tial and material issues with respect to conduct affecting the results
of the election. Accordingly, the exceptions are hereby overruled.
As the Petitioner obtained a majority of the valid ballots cast, we
shall certify it as the exclusive collective-bargaining representative
of all employees in the appropriate unit.
[The Board certified Carpenters Local 426, United Brotherhood
of Carpenters and Joiners of America, AFL-CIO, as the designated
collective-bargaining representative of the employees at the Ontario,
Oregon, plant, of Timber Laminators, Inc., in the unit heretofore.
found by the Board to be appropriate, in the Decision and Direction
of Election of November 28, 1958.]
REPORT ON OBJECTIONS TO ELECTION
Pursuant to a Decision and Direction of Election dated November 28, 1958,
of the National Labor Relations Board, herein referred to as the Board, an elec-
tion was conducted on December 16, 1958, among certain employees of Timber
Laminators, Inc., herein referred to as the Employer, to determine whether these
employees wished to be represented for purposes of collective bargaining by
Carpenters Local 426, United Brotherhood of Carpenters and Joiners of America,
AFL-CIO, herein referred to as the Union or Petitioner. The tally of ballots,
duly served upon the parties on the date of the election, shows that of 24 ballots
cast, 15 were for the Petitioner, 8 against, and 1 was challenged.
On December 22, 1958, timely objections to the election, copy of which was
served upon the Petitioner, were filed by the Employer.
These objections may be summarized in brief as follows:
1. At a meeting on December 5, 1958, attended by approximately 11 employees,
the business representative of the Union told these employees that they could join
the Union for an initiation fee of $10 on this date but that if they waited until
after the election, they would have to pay an initiation fee of $50 to $100 to join,
and as a result of this statement , all of the employees at the meeting joined the Union.
2. The business representative of the Union told the employees at the meeting
on December 5, 1958, that they should wear their union buttons on the job, and the
employees did wear union buttons thereafter , including the date of the election.
3. The business representative told employees at the December 5, 1958, meeting
that they would belong to and would work under the Millmen's Union and that
because of this statement , employees believed they were voting for representation
by the Millmen 's Union and not the petitioning Union.
4. That the statements , conduct, and practices on the part of the business rep-
resentative of the Union were designed for purposes of restraining and coercing
the employees in the exercise of their rights under Section 157 of Title 29, United
States Code Annotated, and that their vote in the election was influenced thereby.
5. Several employees would not have joined, or voted for the Union, except
for the statements and conducts of the business representative of the Union
referred to above.
Pursuant to Section 102.69 of the Board's Rules and Regulations and Statements
of Procedure , Series 7 , as amended , the Acting Regional Director has considered
the objections and reports as follows:
Objection No. 1-Union's Offer To Reduce Initiation Fee
Assuming that the union representative did in fact offer a reduced initiation fee
if they joined the Union prior to the election, there is no allegation contained in this
objection that the offer of a reduced initiation fee was limited to those employees
in attendance at the meeting . The Employer has not alleged that any other employees
prior to the election were asked or required to pay a different initiation fee.
Conclusion : The Board has consistently found that the practice of offering special
reduced initiation fees during an organizing campaign has been traditionally used
by unions to attract new members , and that such a practice during a preelection
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
campaign does not, in and of itself, interfere with the conduct of an election.'
In view of the foregoing, I conclude that this objection is without merit and
recommend that it be overruled by the Board.
Objection No. 2-Instructing Employees To Wear Union Buttons on the Job
If, in fact, the union business representative instructed the employees to wear
their union buttons on the job, this would be permissible under Section 8(c) of -
the Act as would the actual wearing of such buttons by employees on the job.2
Accordingly, I find Objection No. 2 to be lacking in merit and recommend that
it be overruled by the Board.
Objection No. 3-Employees Told by the Business Representative of the Union That
They Would Belong and Work Under the Millmen 's Rather Than the Petitioning
Union
Regardless of what employees may have been told, the question on the ballot was,
"Do you wish to be represented for purposes of collective bargaining by Carpenters
Local 426, United Brotherhood of Carpenters and Joiners of America , AFL-CIO,"
and any certification which may issue from this proceeding will be in the name
of the Petitioner as shown on the ballot . Having found no merit to this objection,
it is accordingly recommended that this objection be overruled by the Board.
Objections Nos. 4 and 5 are repetitive and raised no issues not dealt with under
Objections Nos. 1 , 2, and 3, above.
Considering the objections in whole, or in part, the Acting Regional Director
finds them to be lacking in merit for the reasons given . Accordingly, it is recom-
mended that the Board issue a certification based on the tally of ballots served
upon the parties at the time of the election.
' Otis Elevator Company, 114 NLRB 1490. The Gruen Watch Company etc., 108 NLRB
610, 612; J. J. Newberry Company, 100 NLRB 84, 86-87; A. R. F. Products, Inc., 118
NLRB 1456.
2 Section 8 (c) of the Act is as follows : "The expressing of any views, argument, or
opinion, or the dissemination thereof, whether in written, printed, graphic, or visual
form, shall not constitute or be evidence of an unfair labor practice under any of the
provisions of this Act, if such expression contains no threat of reprisal or force or
promise of benefit."
Tabulating Card Company, Incorporated and Hudson-Bergen
Counties , Printing Pressmen and Assistants Union , Local 183,
International Printing Pressmen and Assistants Union of
North America and Canada. Case No. d2-CA-8d. March, 6,
1959
DECISION AND ORDER
On August 27, 1958, Trial Examiner Reeves R. Hilton issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain
unfair labor practices and recommending that it cease and desist
therefrom and take certain affirmative action, as set forth in the
copy of the Intermediate Report attached hereto. Thereafter, the
Respondent filed exceptions to the Intermediate Report and a
supporting brief.
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 Leedom and Members Bean and Jenkins].
The Board has reviewed the rulings of the Trial Examiner made
123 NLRB No. 13.