Philadelphia Lager Beer Brewers' Association

In the Matter of PHILADELPHIA LAGER BEER BREWERS' ASSOCIATION, EMPLOYER and JOINT LocAL EXEcUTIvE BOARD or PHILADELPHIA, PENNA., ON BEHALF OF LOCALS 5, 183, 285, AND 289, OF THE INTER- NATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS OF AMERICA, CIO, PETITIONER and LOCAL UNION No. 830, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF (AMERICA, AFL, -INTERVENOR and LOCAL UNION No. 473, INTERNATIONAL BROTHER- HOOD OF FIREMEN, OILERS, POWERHOUSE OPERATORS, ICE PLANT EMPLOYEES AND MAINTENANCE MEN, AFL, INTERVENOR Case No. 4-RC-83.-Decided August 31, 1948 DECISION AND CERTIFICATION OF REPRESENTATIVES On June 9, 1948, pursuant to a "Stipulation for Certification Upon Consent Election," elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) among the employees of the 10 Employers involved herein in the 2 units agreed upon by such Stipulation. Upon the conclusion of the election, a Tally of Ballots for each unit was furnished the parties in accordance with the Rules and Regulations of the Board.' The Tally for the Brewing and Bottling Unit shows the following results: Approximate number of eligible voters----------------------- 950 Void Ballots----------------------------------------------- 2 Votes cast for Local 830, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, AFL--------------------------------------------------- 435 Votes cast for International Union, United Brewery Workers, Joint Executive Board and Locals 5 and 183, CIO-------- 482 Votes cast against participating labor organizations------ 3 Valid votes counted __----------------------------------- 920 Challenged ballots---------------------------------------- 4 I Pursuant to the provisions of Section 3 (h) of the Act, the Board has delegated its, powers in connection with this case to it three-man panel consisting of the undersigned Board Members [ Chairman Herzog and Members Houston and Reynolds]. 79 N. L. R. B., No. 47. 351 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Tally for the Power and Maintenance Unit shows the following results: Approximate number of eligible voters---------------------- 121 Void Ballots--------------------------------------------- 1 Votes cast for Local 473, International Brotherhood of Fire- men, Oilers, Powerhouse Operators, Ice Plant Employees and Maintenance Men, AFL----------------------------- 60 Votes cast for International Union, United Brewery Workers, Joint Local Executive Board and Locals 285 and 289, CIO 48 Valid votes. counted --------------------------------------- 108 Challenged ballots --------------------------------------- 9 On June 16, 1948, Local 830 filed objections to the conduct of the election in the Brewing and Bottling unit. No objections were filed to the election in the Power and Maintenance unit. After an investi- gation, the Regional Director on June 25, 1948, issued his Report on Objections, in which he found that the objections of Local 830, even if sustained by proof, would present no substantial or material evi- dence that coercion or interference of a type that would preclude the free choice of the employees existed with respect to the election, and recommended that all objections be overruled. Thereafter Local 830 filed Exceptions to the Report on Objections. Local 830, in its objections and in its Exceptions, alleges in substance that the employees eligible to vote were precluded from exercising a free choice by reason of a course of conduct on the part of the Peti- tioner which was allegedly both coercive in character and so, related to the election in fact and time as to warrant setting aside the election. Specifically, the objections alleged that about 5 months before the election the Petitioner circulated a mimeographed copy of a letter from the Regional Director reassuring the Petitioner as to the confidential nature of information such as union authorization cards filed with the Board, notwithstanding an alleged representation to the contrary made by "a rival labor organization.." On the reverse side of this letter was mimeographed an intra-union letter advising employees to ignore threats by Local 830 that it would' learn the identity of persons signing such authorization cards. The objections further allege that the Petitioner published false statements to the effect that Local 830 failed adequately to represent employees; that it permitted tyrannical and dictatorial practices by is leaders; that during a conference with the Board agents prior to the election it sought to prevent some eligible employees from voting; that it attempted to induce some employees to vote for no union; gen- erally coerced the employees with false and libelous statements; and that it. issued improper sample ballots containing no reference to its PHILADELPHIA LAGER BEER BREWERS' ASSOCIATION 353 affiliation with the CIO. As a third basis for its objections Local 830 alleges that the Petitioner illegally obtained and distributed, with untrue comments thereon, a copy of the financial statement which Local 830 had filed with the Secretary of Labor as confidential infor- mation in compliance with the National Labor Relations Act, as amended. We find no merit in these objections. With respect to the objection based on the circulation of the letter from the Regional Director, we find that this publication was not so misleading as to constitute that type of campaign literature which might unduly influence or prevent a free choice by employees in selecting a bargaining representative.' As to the objection based on publication of alleged false statements regarding Local 830, all of these claimed acts come within the general category of campaign propaganda which, in the absence of violence, the Board does not undertake to police.3 Similarly, with respect to the objection regarding the publication, with comments, of a rival union's financial statement, this is an accepted part of a campaign, and does not preclude employees from exercising a free choice of a bargaining representative at the polls.4 On the basis of the entire record in this case, we find that Local 830's objections and exceptions raise no substantial or material issues with respect to the conduct of the election in the Brewing and Bottling unit. Accordingly, they are overruled. Since the challenged ballots will not affect the results in either elec- tion, we shall certify the labor organizations selected as bargaining representatives in each unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that International Union, United Brewery Workers, Joint Executive Board and Locals 5 and 183, CIO, have been designated and selected by a majority of all brewing and bottling employees of the 10 Employers involved herein,5 including bottle 2 Matter of Phelps Dodge Corporation , 62 N L R B 1287. and cases cited therein Y Mattel of Krodei -Reubel Company. Inc , 72 N L It B 240, Matter of Maywood Hosiery Mills, Inc , 64 N L It li 146 I The method used in obtaining electioneering mateual is not relevant to the question of interference with the results of an election 5 The Employers involved herein are Cooper Bi ewing Co. Inc, 173 Carson St, Phila- delphia , Pennsylvania, Otto Erlanger Brewing Co , 854 N Orianna St., Philadelphia, Penn- sylvania, Esslingei's, Inc., 10th and Callowhill, Philadelphia, Pennsylvandt, William Gretz Brewing Co., 3536 Germantown Ave, Philadelphia , Pennsylvania ; John Hohenadel Brewery Inc, Conrad & Indian Queen Lane, Philadelphia , Pennsylvania , Jacob Hornung Brewing Co, 3111 N 22nd St, Philadelphia, Pennsylvania, Henry F Ortlieb Brewing Co, American and Poplar Sts , Philadelphia, Pennsylvania ; Philadelphia Brewing Co ., 6th and Clearfield Sts, Philadelphia, Pennsylvania ; Adam Scheidt Brewing Co , Marshall and Barbadoes Sts, Nor i istown, Pennsylvania ; and C Schmidt and Sons, Inc, 127 Edward St., Philadelphia, Pennsylvania. 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD platform men, and emergency servicemen , but excluding truck drivers, keg platform men, warehousemen , laborers, and helpers in the respec- tive delivery departments, coopers employed by Hornung , Philadel- phia, Scheidt, and Schmidt who are covered by a contract between these Employers and the International Coopers Union, office and clerical employees , watchmen, professional employees, salesmen, and supervisors, as their representative for,the purposes of collective bar- gaining and that, pursuant to Section 9 (a) of the Act, as amended, the said organization is the exclusive representative of all such em- ployees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of em- ployment. IT IS FURTHER CERTIFIED that Local Union No. 473, International Brotherhood of Firemen , Oilers, Powerhouse Operators , Ice Plant Employees and Maintenance Men, AFL , has been designated and selected by a majority of all power and maintenance employees of the 10 Employers involved herein '6 but excluding blacksmiths, carpenters, electricians, machinists, mechanics, plumbers , steamfitters, and weld- ers who are covered by negotiations between the unions of which they are members and their respective Employers , office and clerical em- ployees, watchmen, and supervisors, as their representative for the purpose of collective bargaining and that, pursuant to Section 9 (a) of the Act, as amended, the said organization is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment, and other conditions of employment. 6 See footnote 5.