Southern Car & Manufacturing Co.

144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 7. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] APPENDIX A NOTICE TO ALL EMPLOYEES Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that: WE WILL bargain collectively, upon request, with Upholsterers' International Union of North America, Local 188, AFL, if and when said labor organization shall have com- plied, within 30 days from the date of the aforesaid recommendations, with Section 9 (f), (g), and (h) of the National Labor Relations Act, as the exclusive representative of the employees in the bargaining unit described herein with respect to rates of pay, wages, hours of employment, or other conditions of employment, and if any understanding is reached, embody such understanding in a signed agreement. The bargaining unit is: All production and maintenance employees, truckdrivers, and firemen of our Cor- nelia plant, excluding office and clerical employees, guards , and supervisory em- ployees within the meaning of the Act. WE WILL NOT unilaterally grant paid holidays, wage increases , or other benefits to the employees in the bargaining unit described above without first consulting Uphol- sterers ' International Union of North America, Local 188, AFL, as the exclusive bar- gaining representative. WE WILL NOT in any other manner interfere with the efforts of Upholsterers ' Inter- national Union of North America. Local 188, AFL, to bargain collectively with us or re- fuse to bargain collectively with said Union as the exclusive representative of the employees in the bargaining unit set forth above. INTERNATIONAL FURNITURE COMPANY, Employer. Datad ................ By............................................................................................. (Representative) (Title) This notice must remain posted for sixty (60) days from the date hereof, and must not be altered, defaced, or covered by any other material. SOUTHERN CAR & MANUFACTURING COMPANY and LOUIS C. TATE, Petitioner and SHOPMEN'S LOCAL UNION NO. 539 of the INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFL SOUTHERN CAR & MANUFACTURING COMPANY, Petitioner and SHOPMEN'S LOCAL UNION NO. 539 of the INTERNA- TIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFL. Cases Nos. 10-RD- 116 and 10-RM-115. July 14, 1953 DECISION AND ORDER Pursuant to a stipulation for certification upon consent election , an election was conducted among the employees in 106 NLRB No 21. SOUTHERN CAR & MANUFACTURING COMPANY 145 the stipulated unit on March 3, 1953. The tally of ballots showed that 52 valid votes were cast, with 19 for, and 33 against ; the Union . One void ballot was also cast. On March 6 the Union filed objections to conduct affecting the results of the election . On June 5, after investigation of the objections , the Regional Director issued his report on election , objections to election , and recommendations to the Board , in which he recommended that the election be set aside, and that a new election be directed . The Employer filed ex- ceptions to this report. Upon the entire record in this case , the Board ' makes the following findings of fact: 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Union is a labor organization within the meaning of the Act. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's gray iron and steel products plant in Birmingham , Alabama, including truckdrivers and leadermen , but excluding the store- room shipping clerk, office clerical employees , watchmen, guards, professional employees , foundry foreman , and other supervisors as defined in the Act. 5. The Regional Director's report shows, inter alia, 2 that the Employer, on February 26 and 27 (less than 1 week before the election ), held separate banquets for its white and Negro employees , and on March 2 after working hours (the day before the election ), held another meeting of the employees . At each of the banquets , the Employer ' s president and majority stock- holder, Keiser, read a prepared antiunion speech to the assembled employees . However, after reading the speechtothe Negro employees, he read an additional statement, which we quote in part: Here is a point of particular interest to you --the number of colored employees have not been reduced since I took over--nor do I intend to replace the colored with white folks. . . . I believe , that if I allowed it, certain people around Southern Car would replace all colored with all white. At present, we have approximately 75% colored em- ployees and 25% white and it will remain this way because 1Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Styles, and Peter- son] 2 In view of our findings with respect to the matters considered herein, we find it necessary to consider the Regional Director's findings with respect to other objections raised by the Union, or the Employer's exceptions thereto. 146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I want it to . However, if I did not want it that way it could easily be changed to 75% to 90 % white and 10% to 25% colored . Be sure of this--the Union can not help you in this or have they ever been able to. I, myself control this. I trust you men understand my feelings in this matter and don't ever make me regret the fact that I supported the colored people. . . . (Emphasis added.) At the March 2 meeting, Keiser, in answering that part of the Union' s handbill distributed that morning which read : "If you vote YES, you will have . . . a union to protect your rights," stated among other things to the employees: Don't let the union fool you. You know that I still have some control over this company whether there is a union contract or not. You know that I have kept many men on this job who have been here many, many years and who would find it mighty hard to get a job somewhere else if they were back in the open market . I kept them because I want them . You also remember that there are many men who are not with us today who were here two years ago. I did not want those men , they are not here now , and you know it. (Emphasis added.) The two above -quoted excerpts from Keiser's speeches are clearly implied threats to the Negro and the older employees of loss of employment should the Union be successful in the forthcoming election . Therefore , apart from any consideration of other of Keiser ' s statements found by the Regional Director to be coercive , we find that these implied threats made im- possible a free and uncoerced choice by the employees at the polls of a bargaining representative , and shall order that the election of March 3 , 1953, be set aside ., We shall direct the Regional Director to conduct a new election at such time as he deems appropriate. ORDER IT IS HEREBY ORDERED that the election of March 3, 1953, be, and it hereby is, set aside. IT IS FURTHER ORDERED that this proceeding be remanded to the Regional Director for the Tenth Region for the purpose of conducting a new election at such time as he deems the cir- cumstances permit a free choice of bargaining representative. KUHNS BROTHERS COMPANY and DISTRICT 13 LODGE NO. 225 INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, Petitioner . Case No. 9-RC-1949 . July 14, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William P. 106 NLRB No. 25.