Atlas Imperial Diesel Engine Co.

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.