Boaz Spinning Co., Inc.

National Labor Relations Board - Board Decisions

Nov 20, 1969

179 N.L.R.B. 655 (N.L.R.B. 1969)

BOAZ SPINNING CO.
Boaz Spinning Company , Inc. and Textile Workers
Union of America, AFL-CIO,CLC, Petitioner.
Case 10-RC-7587
November 20, 1969
SUPPLEMENTAL DECISION AND
CERTIFICATION OF REPRESENTATIVE
BY CHAIRMAN MCCULLOCH AND MEMBERS
JENKINS AND ZAGORIA
Pursuant to a Decision, Order, and Direction of
Second Election issued by the Board on June 30,
1969 (177 NLRB No. 103), the election conducted
on December 19, 1968, was set aside and a second
election conducted on July 31, 1969. Upon the
conclusion of the second election the parties were
furnished with a tally of ballots which showed that
of approximately 210 eligible voters, 123 cast valid
votes for, and 80 cast valid votes against, the
Petitioner. There were 2 void ballots and no
challenged ballots. Thereafter, the Employer filed
timely objections to the second election.
In accordance with the National Labor Relations
Board Rules and Regulations, the Regional Director
conducted an investigation and on August 18, 1969,
issued and duly served on the parties his Report on
Objections, attached hereto, in which he
recommended that the objections be overruled and
that a Certification of Representative be issued to
the Petitioner. Thereafter, the Employer filed
exceptions to the Regional Director's Report.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its powers in connection with
this case to a three-member panel.
The Board has considered the Regional Director's
Report, the Employer's exceptions, and the entire
record in this case, and hereby adopts the Regional
Director's findings and recommendations.'
Accordingly, as the tally of ballots shows that the
Petitioner has obtained a majority of the valid
ballots cast, we shall certify it as the exclusive
bargaining representative of the employees in the
appropriate unit.
The Employer's exceptions raise no material or substantial issue of fact
or law which warrant reversal of the Regional Director's findings,
conclusions, and recommendations We find inapposite The Great Atlantic
and Pacific Tea Company, Inc. 177 NLRB No 126, cited by the
Employer In that case, preelection remarks , by a union official, in retort
to a question concerning a hypothetical strikebreaking situation after
certification, were found not to constitute grounds for setting aside an
election, since they were neither related to events surrounding the election,
nor were calculated to coerce employees to vote for the Union In the
instant case the Board found the contents of speeches made by Employer's
president and vice-president, to assemblages of employees shortly before
the first election, to be such as to instill in them a fear of adverse effects of
collective bargaining and selection of the Petitioner as their bargaining
representative There can be no doubt that the conduct herein was so
related to the election as to have had a probable effect upon the
employees' action at the polls N L R B v Zeirich Company, 344 F 2d
1011 (C A 5)
655
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that the Textile Workers
Union of America , AFL-CIO,CLC, has been
selected and designated by a majority of the
employees of Boaz Spinning Company, Inc.,
Guntersville , Alabama, in the appropriate unit, as
their representative for the purposes of collective
bargaining and that , pursuant to Section 9(a) of the
Act, as amended, the said labor organization is the
exclusive representative of all the employees in such
unit for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment,
and other terms and conditions of employment.
MEMBER ZAGORIA, dissenting:
As I dissented to the Decision , Order, and
Direction of Second Election herein , I would find
merit in the Employer's exceptions to the Regional
Director ' s Report.
REPORT ON OBJECTIONS
Pursuant to the Board's Decision, Order, and
Direction of Second Election issued on June 30,
1969, a second election by secret ballot was
conducted on July 31, 1969, among the employees in
the stipulated appropriate unit. Upon conclusion of
the balloting, the parties were furnished a tally of
ballots which shows that of approximately 210
eligible voters, 123 cast valid votes for, and 80 cast
valid votes against the Petitioner. There were 2 void
ballots and no challenged ballots. On August 7,
1969, the Employer filed timely objections to the
second election, and a copy thereof was duly served
upon the Petitioner.
Pursuant to Section 102.69 of the Board's Rules
and Regulations an investigation of the issues raised
by the objections has been conducted and the
Regional Director, having considered the results
thereof, makes the following findings and
recommendations to the Board:
Objection 1: The election conducted by the Board
on July 31, 1969, was unlawful, improper and
contrary to law, inasmuch as a valid election
covering the same bargaining unit had been held in
the preceding twelve-month period, specifically on
December 19, 1968.
Objection 2: The Board acted in violation of the
law and contrary to the established decisions of the
Courts in setting aside the election and in failing to
certify the results of the election held on December
19, 1968.
Objection 3: The decision of the Board in
reversing the decision of the Regional Director and
in setting aside the election of December 19, 1968,
was contrary to the Act and contrary to law.
The Employer presented no witnesses or other
evidence in support of the objections. The issues
raised by Objection 1, 2 and 3 were duly considered
179 NLRB No. 106
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and resolved by the Board in its Decision, Order
and Direction of Second Election of June 30, 1969.
The Employer may not now take exception, in the
guise of objections to election, to the Board's final
disposition of these issues. Accordingly, for the
foregoing reasons, the undersigned finds the
Employer's objections to be without merit and
recommends that they be overruled in their entirety.
CONCLUSION AND RECOMMENDATION
As the tally of ballots reveals that the Petitioner
received a majority of the valid votes cast, it is
recommended that the Board certify Textile
Workers Union of America, AFL-CIO, CLC as the
exclusive bargaining representative of the employees
in the stipulated appropriate unit.