Southeastern Industries Inc.

In the Matter of SOUTHEASTERN INDUSTRIES INCORPORATED, EMPLOYER and INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND PAPER MILL WORKERS, A. F. L., PETITIONER Case No. 10-RC-4 SUPPLEMENTAL DECISION AND ORDER March 17, 1949 On April 30, 1948, pursuant to a Decision and Direction of Elec- tion issued by the Board on April 5, 1948,1 an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Tenth Region among the employees in the unit found appropriate in the Decision. Upon completion of the election, a Tally of Ballots was issued and duly served by the Regional Direc- tor upon the parties concerned. The Tally reveals that of approxi- mately 46 eligible voters, 42 cast valid ballots, of which 17 were for the Petitioner and 25 against. There were no challenged ballots. On May 5, 1948, the Petitioner filed Objections to Conduct Affect- ing the Results of the Election. Thereupon, in accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation and issued and duly served upon the parties a Report on Objections to which Report the Employer filed Exceptions. In his Report, the Regional Director recommended that the Board find that the Petitioner's Objections raised material and substantial issues affecting the results of the election. On August 19, 1948, the Board having considered the Petitioner's Objections and the Employer's Exceptions thereto, found that the Objections raised material and substantial issues with respect to con- duct affecting the results of the election, and consequently ordered a hearing upon these Objections? Thereafter, a hearing was held on 176 N. L. R. B. 1138. ' This order directed the hearing officer to make findings and recommendations in this matter. See Matter of Minnesota Mining & Manufacturing Company, 81 N. L. R. B. 557. 82 N. L. R. B., No. 25. 209 210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD September 17, 1948, before a hearing officer of the National Labor Relations Board. All parties appeared and participated. In accord- ance with the Board Order, supra, the hearing officer issued and caused to be served upon all parties concerned a Report containing his find- ings and recommendations. The Employer has filed exceptions to the hearing officer's findings and recommendations.3 The Board has reviewed the rulings of the hearing officer and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board having considered the hearing officer's Report, the Employer's Exceptions, and the entire record in the case, makes the following findings : As the hearing officer's findings, based upon testimony involving the credibility of witnesses, are supported by the record and do not appear to be clearly erroneous, we adopt the findings of the hearing officer4 and therefore find that the Employer, by interrogating its employees concerning their desires for union representation and by threatening the withdrawal of existing free transportation for employees in the event the Petitioner won the election,° interfered with the employees' free choice in the selection of a bargaining representative at the elec- tion held on April 30, 1948. We shall, therefore, set the election aside. We shall direct a new election at such time as the Regional Director advises us that the circumstances permit a free choice of a bargaining representative among the employees herein concerned. ORDER IT IS HEREBY ORDERED that the election held on April 30, 1948, among the employees of Southeastern Industries, Incorporated, at Conway, South Carolina, be, and it hereby is set aside. CHAIRMAN IHERZOG took no part in the consideration of the above Supplemental Decision and Order. 2 The Employer's request for oral argument is denied, as the record and papers filed herein adequately present the issues and the positions of the parties. 4 See Rules of Civil Procedure, Rule 52. See also N. L. R. B. v. Standard Trouser Co., 162 F. ( 2d) 1012. L See Matter of Jr. C. Lewis Motor Company, Inc., 80 N. L. R. B. 1134. The Board has held that a threat by the Employer of economic reprisal against union activities prior to the election , is sufficient basis for setting aside the election. See Matter of Lafayette National Bank of Brooklyn, New York, 77 N. L. R. B. 1210.