Repcal Brass Manufacturing Co.

REPCAL BRASS MANUFACTURING COMPANY 193 since the layoff of these employees, and the record before us affords no basis supporting the Petitioner's assertion that all these employees now have a reasonable expectancy of future employment. Adminis- tratively, we have been advised that 2 of those former employees have recently been rehired and that 2 others may later be recalled. Even assuming that these informally reported facts, upon which none of the parties have had opportunity to comment, were properly estab- lished, they do not disclose any real expectancy of reemployment for the remaining employees who were laid off 2 years ago. Accordingly, we find that the laid-off employees are not eligible to vote in the election unless they have been recalled and satisfy our customary eligibility requirement 4 [Text of Direction of Election omitted from publication.] MEMBER RODGERS took no part in the consideration of the above Decision and Direction of Election. 4 Member Murdock believes , contrary to any suggestion or implication of the majority that it may be improper to do so , that the Board is clearly entitled to utilize herein infor- mation of the character administratively supplied by the Regional Director . He further points out that the issue is not as the majority suggests whether this information is sufficient to show that "all" of the laid-off employees have a reasonable expectancy of future employment . It is sufficient that the information relating to the rehiring of these employees indicates that at least some of the laid -off employees have a reasonable expect- ancy of employment. Accordingly , as the Board cannot now tell which of them have such expectancy, Member Murdock would permit all laid-off employees to vote subject to challenge. REPCAL BRASS MANUFACTURING COMPANY and REPCAL EMPLOYEES ASSOCLATION, PETITIONER. Case No. 21-RC-3465. October 4, 1954 Supplemental Decision and Order On July 23, 1954, pursuant to the Board's Decision, Order and Direc- tion of Election,' an election by secret ballot was conducted, under the direction and supervision of the Acting Regional Director for the Twenty-first Region. Upon conclusion of the balloting, a tally of ballots was issued and served upon the parties. The tally showed that, of approximately 275 eligible voters, 243 voted, with 1 being chal- lenged. There were 88 votes cast for UAW-CIO, 76 for Local 700, International Union of Mine, Mill and Smelter Workers, Independent, (here called the Smelter Workers), 61 for Repeal Employees Associa- tion, Independent, 10 for Metal Trades Council, AFL, and 7 votes cast against the labor organizations. The Repeal Employees Association and the Metal Trades Council, AFL, filed timely objections to conduct affecting the results of the 1109 NLRB 4. 110 NLRB No. 24. 338207-55-vol 110-14 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD election. Thereafter, on August 9, 1954, following an investigation the Regional Director issued and duly served upon the parties his report on objections, in which he found that the objections raised no substantial and material issues and recommended that they be over- ruled. The objecting parties filed timely exceptions to the Regional Director's report. The exceptions to the Regional Director 's report concern the objec- tions that ( 1) letters sent to the employees by the Employer falsely asserted that the Repeal Association had the support of the Employer, and (2 ) speeches broadcast by the Smelter Workers within 24 hours of the election from a sound truck on the street near the plant were heard throughout the plant by the employees. The Regional Director's investigation disclosed that the Employer's letters did not contain a threat or reprisal but merely expressed a preference for one of the labor organizations for reasons set forth without coercion or promise of benefit, and that the Smelter Workers' speeches were heard by some employees within the 24-hour preelection period but only when they were leaving the plant on their own time, after they had completed their shift. The Regional Director concluded , in accordance with Board prece- dents, that neither the letters nor the speeches improperly interfered with the employees' free choice of their bargaining representative." We agree with the Regional Director that these objections have no merit and, accordingly, adopt his recommendations that the objections be overruled. [The Board ordered that the Regional Director conduct a runoff election among the employees in the appropriate unit as set forth in the Decision and Direction of July 6, 1954 , to determine whether these employees desire to be represented by UAIiV_CIO or by Local 700, International Union of Mine, Mill and Smelter Workers, Independent.] MEMBERS MURDOCK and RODGERS took no part in the consideration of the above Supplemental Decision and Order. 2 Underwood Corporation, 108 NLRB 1368; Stewart-Warner Corporation, 102 NLRB 1153, 1157. ANHEUSER-BUSCH, INC.' and OFFICE EMPLOYEES INTERNATIONAL UNION, LOCAL 153, AFL, PETITIONER. Case No. 2-RC-6890. Oc- tober 4, 1954 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 John J. Carmody, hearing 1 Name of the Employer appears as amended in the record. 110 NLRB No. 28.