Western Table Co.

National Labor Relations Board - Board Decisions

Sep 22, 1954

110 N.L.R.B. 17 (N.L.R.B. 1954)

WESTERN TABLE COMPANY 17
[The Board certified Retail Shoe Employees Union, Local 173, New
England Joint Board, Retail and Wholesale Department Store Union,
C. I. 0., as the designated collective-bargaining representative of the
employees at the Employer's store located at 489 Washington Street,
Boston, Massachusetts, in the unit found to be appropriate.]
MEMBERS MURDOCK and BEE SON took no part in the consideration
of the above Decision and Certification of Representatives.
WESTERN TABLE COMPANY AND WESTERN PICTURE FRAME COMPANY
and LOCAL 18-B, UNITED FURNITURE WORKERS OF AMERICA, CIO.
Case No. 13-RC-355. September 22, 1954
Supplemental Decision and Certification of Results of Election
Pursuant to a Decision and Direction of Election issued herein on
November 18, 1953,1 an election by secret ballot was conducted on De-
cember 16, 1953, under the direction and supervision of the Regional
Director for the Thirteenth Region, among the employees in the unit
found appropriate by the Board. Following the election, the parties
were furnished with a tally of ballots which showed that, of approxi-
mately 165 eligible voters, 36 voted for and 122 voted against the
Petitioner. There were also 3 challenged ballots and 2 void ballots.
On December 21, 1953, the Petitioner filed timely objections to the
election. The Regional Director investigated the objections, and on
June 29, 1954, issued and duly served upon the parties his report on
objections, in which he recommended that the Board direct a hearing
on 2 of the Petitioner's 4 objections, and that the remaining objections
be overruled. Thereafter, the Employer filed timely exceptions to the
Regional Director's recommendation that a hearing be conducted.
The Employer also filed a brief and supporting affidavits.'
In its objections, the Petitioner alleged among other things that the
Employer made promises of benefit to employees if the Petitioner
lost the election and threats of reprisal against employees if the Peti-
tioner won the election. The Regional Director reported that two
affidavits were submitted to substantiate these objections. In one, the
affiant stated that about 2 days before the election, the plant superin-
tendent, in a private discussion, told him: "If the union gets in Rein-
holdt [the Employer's president] will close the plant down as he has
other places that can do the work." The same affiant also stated that
the cabinet room foreman, on several occasions during the 2 weeks
prior to the election, told him in private talks that the Employer
1 Not reported in printed volumes of Board Decisions and Orders
2 As no exceptions were filed to the Regional Director 's recommendation that two of the
Petitioner 's objections be overruled , this recommendation is hereby adopted
110 NLRB No 6.
338207-55-vol 110-3
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
would take away the bonuses and discontinue overtime if the Union
got in. The other affiant stated that the mill room foreman informed
him in a private discussion about a week before the election that if the
Union got in, there would be "bad conditions. There will be less
hours, no overtime, no Thanksgiving turkey an no Christmas bonus."
The plant superintendent and the foremen concerned denied that they
made the alleged statements.'
The Regional Director concluded that such threats, if made, would
constitute grounds for setting aside the election, and recommended
that a hearing be conducted to determine the credibility of witnesses.
However, we perceive no reason for conducting a hearing. Even if
made, such isolated threats to only 2 of 165 eligible employees, in pri-
vate conversations, do not constitute sufficient grounds for setting
aside the election.4 Accordingly, we find that the Petitioner's objec-
tions do not raise substantial and material issues with respect to the
conduct or results of the election, and they are hereby overruled.
As the Petitioner failed to receive a majority of the ballots cast,
we shall certify the results of the election.
[The Board certified that a majority of the valid ballots was not
cast for the Petitioner, Local 18-B, Furniture Workers of America,
CIO, and that the Petitioner is not the exclusive representative of the
employees of Western Table Company and Western Picture Frame
Company, in the unit heretofore found appropriate.]
CHAIRMAN FARMER and MEMBER MIIRDocK took no part in the con-
sideration of the above Supplemental Decision and Certification of
Results of Election.
S The Employer submitted to the Board affidavits apparently executed by 121 employees
to the effect that no such threats were made to them or in their presence by any of the
Employer's supervisors. In view of our disposition of this case, we find it unnecessary to
consider the effect of these affidavits.
4 See Morganton Full Fashioned Hosiery Company, et at., 107 NLRB 1534, and The Lib-
eral Market, Inc., 108 NLRB 1481. Member Peterson, who dissented in the latter case,
concurs here not only because the remarks were isolated but also because there is no show-
ing that they were made generally or were relayed by the two afflants to other employees.
BROOKLYN BOROUGH GAS COMPANY and LOCAL 815, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, AFL and INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL, PETITIONERS . Cases Nos. L-RC-6106
and 2-RC-62.0. September 23,1954
Decision and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
110 NLRB No. 11.