A. S. Abell Co.

362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees who , during the off season , do maintenance and con- struction work on the gins and oil mill, and most of whom do pro- duction work during the seasonal period. Statistics submitted at the hearing show that the seasonal employees are employed, on the average , fora total of 13 weeks . However , about 100 sea- sonal employees remain throughout the entire 20-week season. Many of them retain contact with their supervisors during the off season , and about 34 percent of the seasonal employees are re - employed each year .' Because of their skill , about 40 to 50 per - cent of the seasonal employees who return yearly are employed in key production positions at the plants , as are many year-round employees . Most of the employees performing the same work re - ceive the same rate of pay, regardless of whether they are seasonal or year-round employees . Preference in hiring for seasonal work is given to those employees who have worked during a previous season . Year - round employees have certain benefits that seasonal employees do not receive , such as va- cations with pay, seniority rights , and pensions. Upon the entire record , we find that : ( 1) The seasonal em- ployees have sufficient community of interests with the non- seasonal employees to warrant their inclusion in the unit sought by the Petitioner ; and (2 ) they have sufficient interest in the working conditions at the gins and mill to entitle them to vote in the election directed herein.8 W@ find that the following employees constitute a unit appro- priate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's gins and mill at Corcoran , Tulare , and Tipton , California, in- cluding seasonal employees , shipping and receiving employees, warehousemen , and truckdrivers , but excluding office clerical, professional , and technical employees , watchmen , guards, agricultural laborers , ranch - shop , feed -mill, and water- department employees , and supervisors as defined in the Act. 5. In view of the proximity of the peak of the seasonal em - ployment , we shall direct an immediate election. [Text of Direction of Election omitted from publication.] 7 The above findings are based on the 2-year period, 1951-53, which the parties stipulated is typical of the Employer's operations. 8 Stokely- Van Camp, Inc , 102 NLRB 1259; Utah Canning Co , 100 NLRB 606 A. S. ABELL COMPANY (WMAR-TV) and AMERICAN FED- ERATION OF TELEVISION AND RADIO ARTISTS, AFL. Case No. 5-RC-1323. December 15, 1953 DECISION AND CERTIFICATION OF RESULTS OF ELECTION' On September 15, 1953 , pursuant to a stipulation for certifica- tion upon consent election executed between the Employer and 107 NLRB Ido 102. 1 A. S. ABELL COMPANY (WMAR-TV) 363 Petitioner on August 19, 1953, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Fifth Region. At the conclusion of the election, the parties were furnished with a tally of ballots which showed that of approximately 7 eligible voters , 7 cast ballots , of which 3 were for the Petitioner , and 4 were against the participating labor organization. Thereafter , on September 18, 1953, the Petitioner filed timely objections to conduct affecting the results of the election, alleging that the Employer had interfered with, restrained, and coerced the employees , by a letter sent to each employee on September 15, 1953, the day of the election , and thereby pre- vented a free choice of representatives. The Petitioner further alleged that the Employer coerced the employees by refusing to honor the Union's designations , and requiring an election "solely to evade and defeat its responsibility to bargain with said Representative ." The Petitioner requested that the Reg- ional Director ( 1) set aside the election ; (2) certify the Pe- titioner ; and (3) order the Employer to bargain with the Union. In accordance with the Board's Rules and Regulations, the Regional Director investigated the Petitioner ' s objections, and on October 22, 1953, issued and served upon the parties his report on objections , in which he found the objections to be without merit and recommended that they be overruled, and that a certification of results of election issue. On October 28, 1953, the Petitioner filed exceptions to the Regional Director's report, and on November 12, 1953, the Employer filed a brief in support of the Regional Director ' s report. On October 14, 1953, the Petitioner by letter stated that the objections filed in the above matter go to the contents of the letter and the matter and timing of its distribution and to no other event prior to the election." With respect to the contents of the letter , the Regional Di- rector found that it contained neither "promise of benefit," nor "threat of reprisal , implied or otherwise , and is there- fpre, protected free speech under Section 8 (c) of the Act." We agree. A close study of the language used shows that, although the letter clearly indicated the Employer's pre- ference for dealing directly with the employees rather than through a labor organization , it contained no threat of reprisal or force, or promise of benefit, and made it clear to the em- ployees that they were free to vote as they chose . The Board has held that such views fall within the protective ambit of Section 8 (c) of the Act.1 1Q-F Wholesalers , Inc., 87 NLRB 1085, 1086 107 NLRB No. 102. 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD With respect to the manner and timing of the distribution of the letter , the Regional Director found that it was sent to each eligible employee, either by use of the office mailboxes, or through personal delivery by the secretary of the vice president. The mailboxes were approximately 85 feet from , and not within view of, the polling area . The letter was placed in the boxes around 1 p. m. , or delivered by hand about 1 : 15 p. m. with one exception .' The election was held between 4 and 5 p. m. the same afternoon . The Regional Director was of the opinion that the manner and timing of the distribution did not interfere with a free choice of representatives . We agree . The Board has held under similar circumstances that such a distribution of material does not substantially interfere with the conduct of the election.3 We find, therefore , that there was no sub- stantial interference with the conduct of the election. Ac- cordingly, we overrule the Petitioner ' s objections. 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 American Federation of Television and Radio Artists, AFL, and that the said labor organization is not the ex- clusive representative of the employees of the Employer.] 2 The Regional Director found that one employee did not report for work until 4:30 p. m At that time he discovered the letter in his mailbox, which had been placed there at 1 p. m , and while reading it, was approached by the secretary and told that there was a letter for him in his box. The employee obviously could not have received the letter prior to report- ing for work, and was already reading it when approached by the secretary . Moreover, as stated earlier, the letter contained no coercive comment , or material which would con- stitute interference with a free choice of the ballot. We find this objection without merit. Emerson Electric Company, 106 NLRB No. 28; Allen-Morrison Sign Company, Inc., 104 NLRB 1063; Moyer & Pratt, Inc., 100 NLRB 1147. 3Meyer & Welch, Inc., 85 NLRB 706; South Bend White Swan Laundry, 106 NLRB 179. NEW YORK SHIPPING ASSOCIATION AND ITS MEMBERS, AS FOLLOWS: 1. STEAMSHIP LINES AND AGENTS: ALCOA STEAMSHIP COMPANY, INC., AMERICAN EXPORT LINES, INC., AMERICAN-HAWAIIAN STEAMSHIP COMPANY, AMERICAN-ISRAELI SHIPPING CO., INC., AMERICAN PRESIDENT LINES, LTD., AMERICAN-WEST AFRICAN LINE, INC., ANCHOR LINE, LTD., ARGENTINE STATE LINE, ATLANTIC OVERSEAS CORPORATION, BERCOVICI NAVIGATION AGENCY, INC., BARBER STEAMSHIP LINES, INC., BLACK DIAMOND STEAMSHIP CORP., BOISE- GRIFFIN STEAMSHIP CO., INC., BOOTH AMERICAN SHIPPING CORPORATION, BOYD, WEIR & SEWELL, INC., BRISTOL CITY LINE OR STEAMSHIPS, LTD., BULL- INSULAR LINE, INC., CHILEAN LINE, COSMOPOLITAN SHIPPING COMPANY, INC., CUNARD STEAMSHIP COMPANY, LTD., DICHMANN, WRIGHT & PUGH, INC., 107 NLRB No 123