Atlas Imperial Diesel Engine Co.

National Labor Relations Board - Board Decisions

Sep 27, 1950

91 N.L.R.B. 530 (N.L.R.B. 1950)

In the Matter of ATLAS IMPERIAL DIESEL ENGINE CO. AND HUNT
FOODS, INC., EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHIN-
ISTS, DISTRICT LODGE No. 115, PETITIONER
Case No. 20-RC-708
SUPPLEMENTAL DECISION, ORDER, AND SECOND
DIRECTION OF ELECTION
September 27, 1950
On August 18, 1950, pursuant to a Board Decision and Direction of
Election,' an election was held among certain employees 2 at the Em-
ployer's Hayward, California, can manufacturing plant, under the
direction and supervision of the Regional Director for the Twentieth
Region. Thereafter, a tally of ballots was furnished the parties in
accordance with the rules and regulations of the Board. The tally
shows that of approximately 310 eligible voters, 243 cast ballots, of
which 105 were for the Petitioner, 5 were for the United Steel-
workers of America, CIO, and 130 were for the Cannery Warehouse-
men, Food Processors, Drivers and Helpers Union No. 768, affiliated
with the International Brotherhood of Teamsters and Chauffeurs,
AFL, and California State Council of Cannery Unions, herein called
the Cannery Union. There were 3 void ballots.
On August 25, 1950, the Petitioner filed timely objections to con-
duct affecting the results of the election. In accordance with the
Board's Rules and Regulations, the Regional Director conducted an
investigation and issued a report on objections in which he found
that certain objections raise substantial and material issues with
respect to the election, and recommended that the election be set aside
and a second election be held. The Employer 3 and the Cannery Union
filed timely exceptions to the Regional Director's report on objections.
189 NLRB 372.
2 The unit found appropriate in our original Decision and Direction of Election was
described therein as, "all production and maintenance employees of the can manufacturing
plant at Hayward , California , excluding all other employees of Hunt's cannery , office and
clerical employees, and supervisors."
California Processors and Growers, Inc., herein called C P & G, joined with the
Employer in filing these exceptions.
91 NLRB No. 85.
530
ATLAS IMPERIAL DIESEL ENGINE CO. 531
Upon the basis of the Petitioner's objections to the election, the
Regional Director's report on objections, the Employer and the
Cannery Union's exceptions, and the entire record in this case, the
Board 4 finds : 6
The Petitioner, in its objections, alleged, inter alia, that the Em-
ployer encouraged support for the Cannery Union, in that all new
employees were sent to its representatives before being assigned to
jobs so that they could be indoctrinated in, favor of the Cannery
Union, and that the same privilege was. denied the Petitioner.
The Regional Director's investigation disclosed that in accordance
with its customary practice, the Employer sent letters early in the
year to former employees, asking them to come in to register before
the packing season . began 6 Applications were then taken, although
assignments to particular departments were not made 'until at or
about the opening of the season. Employees who had worked in the
can manufacturing plant, as well as those who had worked in other
departments, participated in this preseason registration. Although
no rigid practice is followed, employees are generally assigned to
departments in which they previously had worked.
At the time of such registration, these employees were referred by
the Employer to the Cannery Union office,' for clearance by the
Cannery Unions There they were requested to sign voluntary dues
check-off cards in favor of the Cannery Union. At no time were they
told, in the course of such registration, that clearance with the Can-
nery Union would not be required if they were to be assigned to work
in the can manufacturing plant .9 Many of these employees were, in
fact, later assigned to the can manufacturing plant.1° In addition a
number of employees hired for other departments were transferred
to the can manufacturing plant. All such employees had been previ-
4 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -member panel
[Chairman Herzog and Members Houston and Styles].
' The Petitioner 's objections , the Regional Director' s report on objections, and the
exceptions of the Employer and the Cannery Union, adequately present the issues and the
positions of the parties . Accordingly, the Employer 's request for a hearing on objections
is hereby denied.
8 This practice is followed by other employee members of the C P & G, of which Hunt is
a member.
7 The Cannery Union office is located about half a block from the plant.
8 The Cannery Union is authorized pursuant to 9 (e ) proceedings to require union mem-
bership as a condition of employment in conformity with Section 8 (a) (3) of the Act, but
ballots of can manufacturing employees were impounded in the 9 ( e) election pending
the outcome of the instant cases.
8 During the packing season , the Employer's hiring practices were similar, except that
assignments were made upon hiring , and employees assigned to the can manufacturing plant
were not referred to the Cannery Union for clearance , as were employees in other
departments.
10 Exact figures on the number of such employees are not available.
917572-51-vol. 91-35
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ously cleared through the Cannery Union in connection with their
first job, and in many instances had signed dues check-off cards. The
Employer continued to check off their dues after such transfers,
although in some cases employees so transferred expressly revoked
their authorizations. In the case of those revoking, the Employer
placed the money deducted in escrow pending the outcome of the
representation question.
On the basis of the above, the Regional Director found that these
employment practices were an interference with the employees' free
choice of representatives, inasmuch as the Cannery Union was not
authorized to require membership on the part of can manufacturing
employees, either by virtue of a 9 (e) proceeding or during the
pendency of the instant representation case.
No factual issues with respect to the Regional Director's finding
concerning these employment practices as revealed by the investigation
are raised by the exceptions of the Employer and the Cannery Union.
The Employer, however, contends that to uphold the Regional Direc-
tor's conclusion would interfere with the operation of valid hiring and
seniority practices, as the master contract 11 does not provide for de-
partmental seniority, and employees are transferred throughout the
plant on the basis of seniority and ability.12
We find no merit in the Employer's assertion that to uphold the
Regional Director's findings would result in discontinuance of the
Employer's hiring practices and transfer procedures. Nor do we find
merit in the Cannery Union's argument that because employees who.
had previously signed dues deduction cards were free to rescind them
upon becoming employed in the can manufacturing plant, they were
not coerced or restrained in the exercise of their right to choose their
own collective bargaining agent.
The facts clearly show that many employees, whose representation
status was still to be determined, were required to clear with the
Cannery Union before they were hired. We are of the opinion, and
we find, that in effect, this practice accorded unlawful preferential
treatment to the Cannery Union in the assignment or transfer of em-
ployees to the can manufacturing plant. Under the entire circum-
stances of this case, we agree with the Regional Director's conclusion
that such practices are not calculated to create the kind of atmosphere
in which Board elections should be conducted. We are persuaded.
11 C P & G, prior to the issuance of the Decision and Direction of Election in this case,
executed a contract with the Cannery Union, which covered the employees in Hunt's food
processing plant.
12 There is frequent interchange of personnel between the can manufacturing and food
processing plants. ..
ATLAS IMPERIAL DIESEL ENGINE CO. 533
that they created an atmosphere which made improbable a free and
untrammeled choice by the employees of their bargaining represen-
tative.la Accordingly, we shall set the election aside and direct a
second election to be held among all the employees at the Employer's
Hayward, California, can manufacturing plant, in the unit previously
found appropriate.
ORDER
IT IS HEREBY ORDERED that the election of August 18, 1950, conducted
among certain employees at the Employer's Hayward, California, can
manufacturing plant, be, and it hereby is, set aside.
[Text of Second Direction of Election omitted from publication in
this volume.]
' As we are setting aside the election on this ground, we find it unnecessary to pass upon
the additional ground on which the Regional Director relied in recommending that the
election be set aside.