American Radiator & Standard Sanitary Corp.

In the Matter of AMERICAN RADIATOR & STANDARD SANITARY COR- PORATION, PITTSBURGH WORKS and PETER DEMKO, ANDREW LUCAS, STANLEY KUSLOWSKI, LONNIE CUNNINGHAM, S. HOWE, GEORGE No- VACOVITCH, RICHARD ZIESE, & HARRY A. SHERMAN, ESQ., KNOWN AS EMPLOYEES COMMITTEE OF EIGHT Case No. R-5547 SUPPLEMENTAL DECISION - AND, ORDER January 12, 1944 On July 6, 1943, the National Labor Relations Board, herein called ' the Board, issued a Decision and Direction of Election in this pro- ceeding.1 Pursuant to the Direction of Election, an election by secret ballot was conducted on August 3, 1943, under the direction and super- vision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania,). , On August 4, 1943, the Regional Director, acting pursuant to Article III, Section 10, of N ational Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. As to the balloting and its results, the Regional Director reported as follows: Approximate number of eligible voters_______________________ 971 Total ballots cast___________________________________________ 823 Total ballots challenged_____________________________________ 8 Total void ballots___________________________________________ 7 Total valid votes counted___________________________________ 808 Votes cast for Committee___________________________________ 441 Votes cast for United_______________________________________ 352 Votes cast for neither --------------------------------------- 15 On August 11; 1943, United Electrical, Radio and Machine Workers of America, affiliated with the C. I. 0., herein called the United, filed its Objections to Conduct of the Ballot and Election Report. Em- ployees Committee of Eight, herein called the Committee, filed an answer to the United's objections on August 31, 1943. 151 N. L. R. B. 96. 54 N. L. R. B., No. 78. 532 AMERICAN RADIATOR & STANDARD SANITARY CORPORATION 533 On November 4, 19435 the Board, having duly considered the matter, issued an Order directing that a hearing be held on the objections set forth in Paragraph III of the United's Objections to Conduct of the Ballot and Election Report. Pursuant thereto, a hearing upon due notice was held on November 24, 1943, at Pittsburgh, Pennsylvania, before Howard Myers, Trial Examiner. The Company, the United, and the Committee appeared, participated, and were afforded full op= portunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The United filed a motion providing for the cor- rection of certain errors in the transcript. The motion is hereby sus- tained and the transcript is ordered corrected accordingly. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT The United, in paragraph III of its objections , alleged that repre- sentatives of the Company , and particularly George Novacovitch and Richard Ziese, foremen in the largest department of the plant, influenced and coerced employees to vote against the United , that the said Novacovitch and Ziese acted as members of the Committee, par- ticipated in all meetings, discussions, and actions -of the Committee, and actively campaigned in the election on company time and property. In support of the allegations contained in Paragraph III of the objections , the United called several witnesses who testified that cer- tain coercive statements were made to employees just prior to the election by Novacovitch, Ziese, Charles Dorsch, and John T. O'Leary, all of whom were then supervisors. The testimony of the several witnesses, which we credit, also clearly shows that these supervisory employees were actively engaged in supporting the Committee. The record further reveals that Novacovitch and Ziese ,2 in particular, as members of the Committee, continued to be active in its behalf both before and after the election; they conferred with the Board's agent regarding the objections filed by the United, and , over the protest of the United , voted challenged ballots at the election although they were aware that they were ineligible to vote by reason of their supervisory status. Although the Company alleged that all supervisory em- ployees were instructed to remain neutral, the Company 's plant man- 2 Ziese and Novacovitch submitted their resignations from the Committee on June 1 and 19, 1943, respectively , but the resignations were not acted upon until some time subsequent to the election. 534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ager admitted at the hearing that he was aware of the fact that Nova- covitch and Ziese were members of the Committee and that he neither requested nor instructed them to withdraw from the Committee. Mere instructions to remain neutral are not sufficient; more effective means should have been taken in this instance by 'the Company to safeguard its employees' right to organize without coercion or in' timidation.3 On the basis of the whole record, we find that the election did not fairly reflect the untrammeled wishes of the Company's employees and did not constitute a fair test of the employees' desires as to representa- tion. For these reasons we sustain the allegations set forth in Para- graph III, of the Objections to the Conduct of the Ballot and Election Report filed by the United and shall set aside the election held on August 3, 1943. When the Regional Director advises that the time is appropriate, we shall direct that a new election be held among the Company's employees. ORDER The National Labor Relations Board hereby vacates and sets aside the election held in this proceeding on August 3, 1943, and the results thereof. CHAIRMAN Mzrias took no part in the consideration of the above Supplemental Decision and Order. 8 See Matter of Curtin-Wright Corporation, 39 N. L. R. B. 992