Chicopee Manufacturing Corp.

106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A question affecting commerce exists concerning the repre- sentation 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 the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's St. Louis, Missouri, plant including shipping clerks, but excluding office clerical employees, engineers, draftsmen, and supervisors as defined in the Act.9 [Text of Direction of Election omitted from publication.] 9This is substantially the unit convered by the contract of the Employer and the UE. The parties seem to be in agreement on its appropriateness. CHICOPEE MANUFACTURING CORPORATION and TEXTILE WORKERS UNION OF AMERICA ( CIO), Petitioner. Case No. 13 -RC-3325. November 18, 1953 DECISION AND CERTIFICATION OF RESULTS On May 8, 1953, pursuant to a stipulation for certification upon consent election, an election by secret ballot was con- ducted under the direction and supervision of the Regional Director for the Thirteenth Region, among employees at the Employer's Bensonville, Illinois, plant, in the stipulated unit. Upon the completion of the election, the Regional Director duly issued and served on the parties a tally of ballots, which showed that of approximately 27 eligible voters, 11 voted for the Petitioner, 14 voted against the Petitioner, and no ballots were challenged. On May 11, 1953, the Petitioner filed objections to conduct affecting the results of the election. On July 3, 1953, the Regional Director issued his report on objections recommend- ing that all objections except objection 1 (a) be overruled and that a hearing be held on all issues raised by objection 1 (a). On July 27, 1953, the Board issued its order adopting these recommendations and directing that the hearing officer desig- nated for the purpose of conducting the hearing prepare, and cause to be served upon the parties, a report containing resolutions of credibility of witnesses, findings of fact, and recommendations to the Board as to the disposition of the objections. On August 17, 1953, pursuant to the orders of the Board, a hearing was held before Hubert J. Sigal, hearing officer. On October 9, 1953, the hearing officer issued and caused to be served upon all parties his report on objections, with findings and recommendations. The hearing officer found that, 107 NLRB No. 31. MOSCOW IDAHO SEED COMPANY, INC. 107 by certain conduct, more specifically referred to hereinafter, the Employer had interfered with the employees' free choice of a bargaining representative in the election of May 9, 1953. He therefore recommended that the election be set aside. The Employer has excepted to the hearing officer's credibility findings and recommendations. Based upon the entire record in the case, i the Board makes the following findings. The hearing officer found (1) that Plant Engineer Halloway told employee Wagner, on May 1, 1953, that the Chicopee Manufacturing Company could not pay the same wage scales as the Petitioner had obtained at Personal Products Company, also a subsidiary of Johnson & Johnson Corporation, and that "if the union won, they would be forced to move the plant;" and (2) that Shift Foreman Oliveira, in conversations with employee Baker, stated that the Employer "could move the plant if they so desired." Assuming that these statements were in fact made, we find that they do not warrant setting aside the election. We view these statements, under the cir- cumstances, as nothing more than predictions of the possible impact of wage demands upon the Employer's business. A prophecy that unionization might ultimately lead to loss of employment is not coercive where there is no threat that the Employer will use its economic power to make its prophecy come true.2 In view of the above findings, we hereby overrule the Petitioner's objections to conduct affecting the results of the election. As the Petitioner failed to secure a majority of the valid ballots cast, we shall certify the results of the election. [The Board certified that a majority of the valid ballots was not cast for Textile Workers Union of America (CIO) and that the said labor organization is not the exclusive representative of the employees of the Employer in the unit stipulated to be appropriate.] i The Employer's request for oral argument in support of its exceptions to the hearing officer's report on objections is hereby denied, because the record, report, briefs, and exceptions adequately present the positions of the parties. 2See Mylan-Sparta Company, Inc., 78 NLRB 1144; Electric Steel Foundry, 74 NLRB 129. MOSCOW IDAHO SEED COMPANY, INC. and JOE ADRIANSEN, Petitioner and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION NO. 551. Case No. 19-RD-66. November 18, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before E. R. Ormsbee, hearing officer. The hearing officer's rulings made 107 NLRB No. 35