Aleen-Morrison Sign Co., Inc.

National Labor Relations Board - Board Decisions

May 19, 1953

104 N.L.R.B. 1063 (N.L.R.B. 1953)

ALLEN-MORRISON SIGN COMPANY, INCORPORATED 1063
ALLEN-MORRISON SIGN COMPANY, INCORPORATED and
UNITED STEELWORKERS OF AMERICA, CIO, Petitioner.
Case No. 5-RC-1218. May 19, 1953.
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued on
March 4, 1953, an election by secret ballot was conducted on
March 26, 1953, under the direction and supervision of the
Regional Director for the Fifth Region, among certain em-
ployees of the Employer. At the conclusion of the election, the
parties were furnished with a tally of ballots, which showed
that of approximately 192 eligible voters, 99 voted for the
Petitioner, and 90 voted against participating labor organiza-
tions. There were no void or challenged ballots.
On March 31, 1953, the Employer filed timely objections to
the conduct of the election, and to conduct affecting the results
of the election, alleging that: (1) While the election was in
process, representatives of the Petitioner stood in front of the
Employer's plant, sometimes on and sometimes off the prop-
erty, and distributed union campaign-literature to employees
coming into the plant and otherwise detained these employees
and engaged in active electioneering among them while the
election was in process; and (2) that the Employer had imme-
diately protested such conduct without success both to the
Petitioner's representatives and to the representative of the
National Labor Relations Board.
On April 20, 1953, the Regional Director issued and served
upon the parties his report on objections, finding, in effect,
that the objections raised no substantial issues since it was
apparent that the union representative distributed the literature
without coercive comment and had distributed no material
which would in itself constitute coercion or interference with
a free choice of the ballot, and which was not legitimate
campaign propaganda. The Regional Director accordingly
recommended that the Board find the Employer's objections to
be without merit. On April 29, 1953, the Employer filed ex-
ceptions to the report.
We have reviewed the Employer's objections, the Regional
Director's report, and the Employer's exceptions thereto. The
exceptions raise no matter not already thoroughly investigated
and considered which would require a hearing. The record
does not disclose that there had been any specific "no elec-
tioneering" area designated here. As stated in earlier cases,
the mere distribution of handbills at the plant gate, approxi-
mately 250 to 300 feet from the polling place, does not consti-
tute electioneering so near the polls as to justify setting aside
an election.' Under these circumstances, and on the basis of
the entire record in this case, we are convinced that the Union's
conduct did not interfere with the employees' exercise of a free
'Linde Air Products Division, 94 NLRB 640, and cases cited therein.
1 064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
choice in the selection of a collective-bargaining representa-
tive. We find that the Employer's objections are without merit,
and they are hereby overruled.
As the tally shows that a majority of the valid votes have
been cast for the Petitioner, we shall certify the Petitioner as
the collective -bargaining representative of the employees in
the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that United Steelworkers of
America, CIO, has been designated and selected by a majority
of the employees of Allen-Morrison Sign Company, Incorpo-
rated, in the unit found to be appropriate as their representative
for the purposes of collective bargaining and that, pursuant to
Section 9 ( a) of the Act, as amended , the said organization is
the exclusive representative of all the employees in such unit
for the purpose of collective bargaining with respect to rates
of pay, wages, hours of employment, and other conditions of
employment.
Chairman Herzog and Member Houston took no part in the
consideration of the above Supplemental Decision and Certifica-
tion of Representatives.
ANACONDA COPPER MINING COMPANY and LOCAL UNION
NO. 16, INTERNATIONAL HOD CARRIERS, BUILDING
& COMMON LABORERS OF AMERICA, AFL. Case No.
33-CA-191. May 20, 1953
DECISION AND ORDER
Upon a charge filed August 8, 1952, by Local Union No. 16,
International Hod Carriers , Building & Common Laborers of
America, AFL, herein called the Union, the General Counsel
of the National Labor Relations Board , by the Regional Director
for the Sixteenth Region , issued a complaint dated March 13,
1953, against Anaconda Copper Mining Company , herein called
the Respondent , alleging that it had engaged in and was engaging
in unfair labor practices affecting commerce within the meaning
of Section 8 (a) (1) and ( 2) and Section 2 ( 6) and ( 7) of the Act.
Copies of the complaint and charge were duly served upon the
Respondent, the Union, and upon West Valencia Independent
Union, herein called the Independent Union.
With respect to the unfair labor practices, the complaint
alleged that the Respondent, on or about May 27, 1952, and
thereafter , assisted , dominated , contributed to the support
of, and interfered with the administration of, the Independent
Union, and on or about June 23, 1952, entered into a collec-
tive -bargaining agreement with the Independent Union , thereby
violating Section 8 ( a) (2) of the Act, and interfering with,