Williamson Heater Co.

National Labor Relations Board - Board DecisionsMar 27, 1944

55 N.L.R.B. 783 (N.L.R.B. 1944)

In the Matter of WiLLLAMSON HEATER COMPANY and UNITED STEELWORKERS OF AMERICA Case No. 9-R-1265 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March I7, 194 On February 4, 1944, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding 1 Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on February 24, 1944, under the direction and supervision of the Regional Director for the Ninth Region (Cincinnati, Ohio). Upon conclusion of the election, a Tally of Ballots was fur- nished the parties in accordance with the Rules and Regulations of the Board. The Tally shows that of the approximately 598 eligible voters, 547 cast valid votes, of which 305 were cast for United Steelworkers of America and 242 against, with 4 challenged ballots. Thereafter, Williamson Heater Company, herein called the Com- pany, filed objections to the conduct of the ballot. The Company's objections set forth in substance that United Steelworkers of America, herein called the Union, improperly influenced the employees to vote in favor of the Union by publishing certain alleged false and defama- tory articles concerning the Company, and by causing copies of said articles to be distributed among the employees several days before the election. On March 7, 1944, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regula- tions-Series 3, issued and duly served upon the parties to the pro- ceeding his Report on Objections, in which he found that the matter complained of in each of the objections raised no substantial or ma- terial issue regarding the conduct of the election. Subsequently 154 N. L. It. B , 1086 . An amendment to the Direction of Election was issued by the Board February 17, 1944 55 N. L. R. B., No. 141. 783 784 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thereto, the Company filed exceptions to the Regional Director's Re- port on Objections. We have considered the objections, the Report on Objections and the Company's exceptions thereto. The pleading of the Company does not allege any irregularity in the polling, but relates solely to state- ments alleged to have been made and published by the Union prior to the date of the election. Even if the statements and articles to which the objections are addressed were made and published as alleged, we cannot perceive how their effect might have been such as to coerce the employees or force them to act under duress in casting their ballots. If any defamatory statements were made and the Company was dauz- aged thereby, it has its remedy elsewhere; but it cannot complain that it has been adversely affected because a bargaining representative has been selected by its employees." We concur in the conclusion of the Regional Director that the Company's objections raise no substantial or material issue regarding the conduct of the ballot, and accordingly overrule the said objections and exceptions. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Sections 9 and 10 of National Labor Re- lations Board Rules and Regulations, Series 3, IT IS HEREBY CERTIFIED that United Steelworkers of America, affili- ated with the Congress of Industrial Organizations, has been desig- nated and selected by a majority of all production and maintenance employees at the Oakley plant of Williamson Heater Company, Cin- cinnati, Ohio, including inspectors, but excluding supervisors, assist- ant supervisors, clerical employees, timekeepers, checkers, tine-study employees, guards, watchmen, and all supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees, or effectively recommend such action as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such employees for the purposes of col- lective bargaining with respect to rates of pay, wages, hours of employ- ment, and other conditions of employment. CHAIRMAN MILLIS took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 2 See Matter of Tennessee Schuylkill Coil), 47 N L It B 735