Albion Malleable Iron Co.

ALBION MALLEABLE IRON COMPANY 225 employees , employed at the Employer ' s Brady, Texas, plant, but excluding secretaries to the vice president , treasurer, plant superintendent , shop superintendent , consulting engineer, and accounting department head , all other employees , guards, nurses, and supervisors within the meaning of the Act. [Text of Direction of Elections omitted from publication in this volume, ] ALBION MALLEABLE IRON COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL- TURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), Petitioner and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL 413, AFL. Case No . 7-RC-1991. April 20, 1953 DECISION AND CERTIFICATION OF REPRESENTATIVES Following the filing of a petition alleging that a question affecting commerce exists concerning the representation of em- ployees of the Employer, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, as amended, the parties, on January 9, 1953, entered into a "Stipulation for Certification upon Consent Election." In accordance with said stipulation and the Rules and Regulations of the Board, an election was con- ducted on January 16, 1953, among all production and main- tenance employees at the Employer's Albion, Michigan, plant, excluding clerical employees, engineering employees , techni- cians , watchmen, guards, and foremen and other supervisors as defined in the Act. The-tally of ballots shows that, of approx- imately 506 eligible voters, 247 cast ballots for the Petitioner, 227 cast ballots for the Intervenor, 5 cast ballots against par- ticipating labor organizations, 5 ballots were void, and 11 balots were challenged. The challenged ballots are insufficient to affect the outcome of the election. On January 23, 1953, the Intervenor filed objections to the conduct of the election, and, on February 3, 1953, amended ob- jections thereto. On March 12, 1953, following an investigation conducted pur- suant to the Rules and Regulations of the Board, the Regional Director issued and duly served on the parties his report on objections, in which he found without merit all the Intervenor's original and amended objections and recommended that the same be overruled and that the Board certify the Petitioner as the exclusive bargaining representative of the Employer's em- ployees in the appropriate unit. On March 21, 1953, the Intervenor filed timely exceptions to the Regional Director's report on objections, requesting that the Board , on the basis of its objections , set aside the election and order a new election. 104 NLRB No. 31. 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in this case, the Board' finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent cer- tain employees of the Employer. 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. In accordance with the agreement of the parties, we find that all production and maintenance employees at the Em- ployer's Albion, Michigan, iron castings manufacturing plant, excluding clerical employees, engineering employees, techni- cians, watchmen, guards, and foremen and other supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 5. Because none of the parties except thereto, we hereby adopt the findings of fact as set forth in the Regional Director's report on objections. In support of its request that the Board set aside the election, the Intervenor advances the following contentions: (a) That the Petitioner failed to receive a majority of all ballots cast, in- cluding valid, challenged, and void ballots; (b) that the challenged ballots are valid and therefore should be counted; (c) that sub- sequent to the election, the Intervenor discovered reasons, un- known to the parties or to the Board agent at the time of the election, to believe that 6 of the voters reside illegally in the United States and that the legality of their residence should be ascertained before the outcome of the election can be properly determined; (d) that the Board agent, without first seeking per- mission of the Intervenor's representatives, conversed with 2 or 3 of the voters in a foreign language within the voting area and during the voting; and (e) that the Petitioner, through the purchase of alcoholic drinks and by false promises made prior to the election, sought to influence the voters in their choice of a bargaining representative. We find no merit in these contentions. As to (a), it is the well- established practice of this Board, sustained by the courts, to certify only those unions which receive a majority of the valid votes cast.2 As to (b), we find it unnecessary to determine the validity of the challenged ballots, because, as noted above, they are not determinative of the outcome of the election. As to (c), it is unnecessary to consider the merits of the contention, be- cause the question of voting eligibility thus raised is in the nature of a postelection challenge and therefore not a matter for our consideration at this time.3 As to (d), it is undisputed that the Board agent conversed with the voters through an interpreter solely to acquaint these non-English-speaking employees with i 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 Styles and Peterson.] 2 Vulcan Furniture Manufacturing Corporation , 97 NLRB 1116 , and cases cited therein. 3 Westinghouse Electric Corporation, 91 NLRB 955, 963. POLLOCK MILL CO. 227 the mechanics of voting and asked them in a foreign tongue if they understood what had been told them. Whether or not, as the Intervenor contends, the Board agent failed to advise the Inter- venor's representatives in advance of his intentions in thus con- versing with these voters, it cannot be said that the Board agent, under the circumstances present here, was guilty of improperly influencing the election.4 As to (e), the Petitioner's preelection conduct contained no element of coercion and therefore falls within the permissible area of electioneering activities with which this Board does not interfere; whether or not the Pe- titioner's statements made during the course of its campaign are true is immaterial to our inquiry.' We therefore overrule the Intervenor's objections. Because the Petitioner has received a majority of the valid votes cast in the election, we shall certify this labor organiza- tion as the exclusive bargaining representative of the em- ployees of the Employer in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (UAW-CIO) has been designated and selected by a majority of all production and maintenance employees at the Albion, Michigan, plant of Albion Malleable Iron Company, ex- cluding clerical employees, engineering employees, techni- cians, watchmen, guards, and foremen and other supervisors as defined in the Act, as their representatives for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, as amended, the said labor organization is the exclu- sive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. 4 we also find without merit the Intervenor's additional contention that voters should be re- quired to have some knowledge of English to entitle them to vote in an election. We find nothing in the Act or in the expressed intentions of Congress with respect thereto to support such a contention. 6 West-Gate Sun Harbor Company, 93 NLRB 830. C. EARL POLLOCK, LEONARD A. CHAPDELAINE, AND ELMER D. CHAPDELAINE, individually and as co-partners, d/b/a POLLOCK MILL CO., and POLLOCK MILL COMPANY, a corporation, as successor in interest to C. EARL POL- LOCK, LEONARD A. CHAPDELAINE, and ELMER D. CHAPDELAINE, co-partners , d/b/a POLLOCK MILL CO. and LUMBER AND SAWMILL WORKERS UNION, LOCAL NO. 2561, UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, AFL. Case No. 20-CA-704. April 21, 1953 DECISION AND ORDER On January 21, 1953, Trial Examiner Wallace E. Royster issued his Intermediate Report in the above-entitled proceed- 104 NLRB No. 30.