Taylor Bedding Manufacturing Co.

In the Matter of TAYLOR BEDDING MANUFACTURING COMPANY and UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA Case ,No. R-3927'0 SUPPLEMENTAL DECISION AND ORDER SETTING ASIDE ELECTION May 29, 1942 Pursuant to a Decision and Direction of Election issued by the National Labor Relations Board in`this proceeding, an election by secret ballot was conducted on February 23, 1942, at Taylor, Texas, by the Regional Director for the Sixteenth- Region (Fort Worth, Texas). The Regional Director issued and duly served upon the parties his Election Report. ' As to the balloting, and the results thereof, the Regional Director reported as follows : Total on eligible list---------------------------------------- 480- Total ballots cast------------------------------------------ 366 Total ballots challenged----------------------------------- 17 Total blank ballots----------------------------------------- 0 Total void ballots------------------------------------------ 4 Total valid votes counted----------------------------------- 345 Votes cast for Upholsterers' International Union of North America------------------------------------------------- 105 Votes cast against Upholsterers' International Union of North America------------------------------------------------- 240 On February 24, 1942, Upholsterers' International Union of North America, herein called the Union, filed objections to the conduct of the - election and to the Election Report. The Regional Director, having investigated the objections, issued and duly served upon the parties his Report on Objections, wherein he reported that his in- vestigation indicated that the Union's objections raised substantial and material issues concerning the conduct of the election, and recom- mended that the Board order a hearing on the objections. On March 11, 1942, the Board, having duly considered the Election Report, the 138 N L. R. B. 755 41 N. L. R. B., No. 101. 507 508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union's objections, and the Regional Director's Report on Objections, ordered that a hearing be held on said objections pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended. Pursuant to notice, duly served upon the parties, a hearing on said objections was held on March 30, 1942, at Taylor, Texas, before James C. Batten, Trial Examiner. The Board, Taylor Bedding Manu- facturing Company, herein called the Company, and the Union ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial errors and are hereby affirmed. Upon the entire record in the case, the Board makes the following: SUPPLEMENTAL FINDINGS OF FACT The conduct of the election The Union's objections to the conduct of the election alleged in substance (1) that immediately preceding the election, the Company caused to be published and distributed among its employees a state- ment which interfered with and restrained the employees in the exercise of their rights guaranteed in Section 7 of the Act, and (2) that the Company, in violation of an agreement, shut down its factory on the the day of the election and urged its employees to vote, thereby coercing said employees and preventing their voting their own free choice. On February 21, 1942, 2 days before the election, the Company distributed to each of its employees a mimeographed copy of the following statement : , TO THE EMPLOYEES OF THE TAYLOR BEDDING MANUFACTURING COMPANY As you have noted from the bulletins in the factory, an elec- tion will be held Monday, February 23rd, for the purpose of determining whether a majority of our employees want the Up- holsterers' Union of North America, hereinafter referred to as "the union", to represent them as their exclusive bargaining agent regarding wages, hours and working conditions; or whether the employees want to deal directly with the management regarding their individual problems, as has been done in the past 38 years. Since this is the first time many of you have voted in such an election we feel that it is our duty to try to give you some in- formation regarding the election. It is to be a strictly secret TAYLOR BEDDING MANUFACTURING COMPANY 509 election conducted by a representative of the National Labor Relations Board, an agency of the Federal Government, who does not "take sides" with either the employees' or the employer. You are free to vote either "Yes" or "No" as you may choose without any fear of discrimination. IF YOU VOTE "YES" If a majority of our employees vote "Yes" it means (1) that you want the union to represent you in all dealings with the management, (2). that all employees must abide by the decisions reached between the ,union and the management and (3) that it will ndt be possible for the company officials to deal directly with individual employees as in the past. It does not mean that the company must grant all demands of the union because the only obligation of the company would be to bargain in good faith. It is our opinion that it is not compulsory on the em- ployees or the employer to accept arbitration or to be bound by the decisions of the War Labor Board, regardless of what you may have been told. IF YOU VOTE "NO" If a majority of our employees vote "No" it means that you do not want the union and that you can see your, foreman or come to the office and discuss your individual problems just as you have in the past. It also means that the company will not be required to consider, any proposition from the union. We recognize the right of any employee to join any union they wish and such membership will not affect their position with the company. We want to make it equally clear that it is not necessary for any employee to join any union to work for this company. This is a free country and there is no law which requires you to pay dues to, or join any organization to work for this company. The long hard war in which we are engaged is a war of pro- duction. The Government has urged maximum production and discouraged everything that would slow down production for De- fense. Since so much of our production is for National Defense needs, we sincerely hope-that nothing in' the form-of union or non-union activities will slow down National'Defense production in our plant. The results of the-election will be determined by count of the votes actually cast as in all other elections. Therefore, we urge every eligible employee to exercise his right and privilege of 510 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD voting, whether the, vote be "Yes" or "No", in order that, this matter may be settled. Sincerely, TAYLOR, BEDDING MFG. Co., By /s/ D. F. FORWOOD, President. "ExHIBrr A" On ' the following day, the Company caused the statement to be published in large type in the, Sunday edition of the Taylor Daily Press, a newspaper of general circulation in. and around Taylor, Texas. The statement implies that resort to the Union would destroy a harmonious and satisfactory relationship long existing between the Company and its employees, and would hamper the Company's war- production effort. The Company attempted to discredit the proce- dure of collective bargaining by contrasting it unfavorably with the Company's past practice of dealing individually with its employees. Throughout, the Company acted as if the election were a contest between it and the Union. In effect, it urged its employees to vote against the Union and against collective bargaining. We are of the opinion, and find, that the statement was clearly intended to dis- courage the employees from voting for the Union, and necessarily had that effect. Under the circumstances the election did not reflect the free choice of the Company's employees.- For-these reasons, we shall sustain the Union's objection as to the distribution and publication of the statement and set aside the election held on February 23, 1942. When the Regional Director shall advise us that the time is appropriate, we shall direct' that a new election - be held among the Company' employees. Under the circumstances we need not pass upon the Union's second objection to the conduct of the election involving the alleged shut-down of the plant on the day of the election. ORDER The National Labor Relations Board hereby vacates and sets aside the election held in this proceeding on February 23, 1942, and the result thereof. 2 See Matter of Standard Knitting Mills, Inc. and Federal Textile Labor Union No. 21751, affiliated with the American Federation of Labor, 25 N. L R. B. 168; Matter of W. A. Jones Foundry and Machine Co., a corporation and International Association of Machinists District No 8, affiliated with the American Federation of Labor, 30 N L. R. B. 809. _