American Radiator & Standard Sanitary Corp.

National Labor Relations Board - Board Decisions

Jun 6, 1958

120 N.L.R.B. 1347 (N.L.R.B. 1958)

AMERICAN RADIATOR & STANDARD SANITARY CORPORATION 1347
resentative of the Employer's lease and owner operators (otherwise
known as contract drivers), in the unit found appropriate.]
MEMBERS RODGERS and JENKINS took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.
American Radiator & Standard Sanitary Corporation , Pacific
Order Handling Division and Office Employees International
Union, AFL-CIO, Petitioner. Case No. f O RC-3361. June 6,
1958
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued. by the
Board on February 26, 1958,1 an election by secret ballot was con-
ducted on March" 25, 1958, under the direction and supervision of
the Regional Director for the Twentieth Region of the National Labor
Relations Board among the employees in the unit found appropriate
by the Board. The parties were furnished a .tally of ballots which
shows that of approximately 28 eligible voters, 15 cast ballots for,
and 12 cast ballots against, the Petitioner.
Thereafter, the Employer filed timely objections to conduct af-
fecting the results of the election and the Petitioner filed an answer
to the Employer's objections. In accordance with the Rules and Reg-
ulations of the Board, the Regional Director caused an investigation
of the objections to be made and, on'April 9, 1958, issued and served
on the parties his report on objections, in which he found that the
objections did not raise substantial or material issues with respect
to the election and recommended that the Board overrule the ob-
jections and certify the Petitioner. The Employer filed timely ex-
ceptions to the Regional Director's report and a brief in support of
objections.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Leedom and Members Bean and. Jenkins].
The Employer's objections are based upon a statement' contained
in a leaflet distributed to employees by the Petitioner on March 21,
1958. The Employer urges that this statement was so misleading as
to prevent a free and untrammeled choice by the employees and that
the employees were unable to evaluate it. The Regional Director
1119 NLRB 1715.
,,.2 The, statement, referred to. reads as follows : "By voting 'Yes' on Tuesday, March 25,
1958, YOU ARE,GUARANTEEII BY LAW that all rates of pay and other benefits in effect
shall REMAIN IN full force and EFFECT plus all negotiated improvements."
120 NLRB No. 176.
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
found that the statement was not fully accurate as a matter of law,
but regarded whatever misrepresentation there was as insubstantial
and not of such a nature as to warrant invalidating the election.
It is clear that the statement merely expressed the legal opinion of
the Petitioner and was devoid of any threats or other elements of
intimidation or gross and deliberate misrepresentation peculiarly
within the knowledge of the Petitioner. We therefore find that the
statement was not of the type which interfered with the employee's
free choice in the election. Accordingly, we hereby overrule the Em-
ployer's objection.$
As the Petitioner has received a majority of the valid votes cast
in the election, we shall certify it as the collective-bargaining repre-
sentative of the employees in the appropriate unit.
[The Board certified Office Employees International Union,
AFL-CIO, as the designated collective-bargaining representative of
the employees in the unit heretofore found appropriate.]
8 Dartmouth Finishing Corporation, 120 NLRB 262; Lloyd A. Fry Roofing Company,
119 NLRB 661.
Concrete Products , Inc. and United Brotherhood of Carpenters &
Joiners of America , AFL-CIO, Petitioner. Case No.1O-RC-3817.
June 6,1958
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election i issued June 20,
1957, an election by secret ballot was conducted on July 12, 1957,
under the direction and supervision of the Regional Director for the
Tenth Region among the employees in the unit found appropriate
by the Board. Following the election, the parties were furnished with
a tally of ballots. The tally showed that of approximately 90 voters,
82 cast ballots, of which 52 were for the Petitioner, 28 were against
the Petitioner, 1 was void, and 1 was challenged.
On July 19, 1957, the Employer filed objections to conduct affecting
the results of the election, alleging, in material part,' that its super-
visors, without its knowledge, assisted the Petitioner in organizing
its employees and in fraudulently securing its showing of interest;
that its supervisors threatened and coerced employees to attend union
meetings and generally support the Petitioner; and that such activity
continued up to the time of the election. After an investigation, the
1 Not published.
The Employer also alleges that the Petitioner had improperly marked the Board's
sample ballot. The Regional Director found no evidence to support this allegation, and
the Employer did not except to the finding.
120 NLRB No. 177.