Shelbyville Desk Co.

National Labor Relations Board - Board Decisions

Feb 26, 1947

72 N.L.R.B. 925 (N.L.R.B. 1947)

In the Matter of SHELBYVILLE DEs1 COMPANY, EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 11-8,965.-Decided February 26, 1947
Mr. Wilbur F. Pell, Jr., of Shelbyville, Ind., for the Employer.
Cllr. Van B. Carter, of Indianapolis, Incl., for the Union.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
ORDER
Pursuant to a Stipulation for Certification on Consent Election
executed on May 8, 1946, by International Association of Machinists,
herein called the Union, and Shelbyville Desk Company, herein called
the Employer, an election by secret ballot was held on May 23, 1946,
under the direction and supervision of the Regional Director for the
Eleventh Region. Upon the conclusion of the election, a Tally of
Ballots was furnished the parties in accordance with the Rules and
Regtiilations of the Board
The Tally shows that of approximately 81 eligible voters, 31 cast
ballots for the Union, 44 cast ballots against the Union, and 1 voted
under challenge.
On May 24, 1946, the Union filed objections to the results of the
election, alleging that the Employer assembled its employees and com-
pelled them to listen to a preelection speech; and that the speech itself
was intimidatory and coercive in character. On July 9, 1946, the
Regional Director Issued his report finding that the objections raised
material and substantial issues with respect to the election. Thereafter,
the Employer filed exceptions to the Regional Director's report, deny-
ing that it compelled its employees to attend the meeting or that the
speech itself interfered with the employees' freedom of choice in the
election.
Upon notice duly served, a hearing on the objections was held on
August 30, 1946, pursuant to Board direction. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
The record reveals that on the day before the election, the employees
of the plant were assembled during working hours to listen to' a pre-
election speech made by the Employer's Assistant General Manager.'
' In view of our decision herein, we do not rely upon. nor is it necessary to pass upon,
the "compulsory audience" aspects of the case See Chairman Herzog's separate opinion
in hatter of Fisher Governor Company, 71 N L It. B 1291.
72 N L R B, No 150 925
926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Copies of the speech were later distributed to the employees) During
the course of his remarks the Assistant Plant Manager stated, as
follows :
As promised you recently, we applied for permission to grant
our employees another increase in- wages, which would average
plant-wide about 10%. In some cases slightly lower, in others
slightly higher. Approval has just been received from the Na-
tional Wage Stabilization Board, and the increases approved by
this Board would have been put into effect within the last week
if the Union had not deunanded bargaining rights for our em-
ployees and an election set tomorrow. This stopped our right to
put these increases into effect -until after the election is over, for
the reason that we were advised that if we put into effect these
raises in wages before the election, the Union would, in all prob-
ability charge us with unfair labor practices before the National
Labor Relations Board. So, consequently, there was nothing for
us to do but hold up the matter of putting these increases into effect
until after the election. This we are doing.
In view of the employees' u ndoubted interest in the grant of a wage
increase, the announcement of such increase on the very eve of a
crucial election would tend to plaice the Union in a less favorable posi-
tion in the minds of the employees.2 The record discloses no reason
why the Employer could not have postponed the announcement until
after the election., Although it is difficult to determine its full effect,
we are of the opinion that the announcement, particularly in view of
its timing, influenced the voting of the employees.
Accordingly, we find that by the above-described announcement of
a wage increase, the Employer engaged in conduct which interfered
with the exercise by the employees of a free choice of a bargaining rep-
resentative. We shall, therefore, set the election aside and shall direct
a new election at such time as the Regional Director advises us that
the circumstances permitting a free choice among the employees have
been restored.
ORDER
IT IS HEREBY ORDERED that the election held on May 23, 1946, among
employees of Shelbyville Desk Company , Shelbyville , Indiana, be, and
it hereby is, vacated and set aside.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and Order. .
2 Matter of National Carbon Company, Inc, 65 N L R B 830 , Matter of Shreve and
Company, 57 N L R B 1483 , Matter of Roots-Conncisa3tle Blower Corp , 64 N L R B.
855, 860 Cf Medo Photo Supply Corporation v N L.. It R, 321 U S 678, 686
3 See cases cited in footnote 2, above