White's Uvalde Mines

278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD such finding, and, certainly, we cannot now be influenced in our deter- mination as to the validity of the election by the Regional Director's opinion that the discharge was discriminatory. Although the ma- jority purport not to rely on the Regional Director's view as to the discharge, it is difficult, if not impossible, to dissociate his recommen- dation, which the majority has adopted, from that opinion. WHITE'S UVALDE MINES and UNITED BRICK AND CLAY WORKERS OF AMERICA, AFL, PETITIONER." Case No. 39-RC-743. October 8, 1954 Supplemental Decision and Certification of Representatives On April 6, 1954, pursuant to a Decision and Direction of Election 2 issued by the Board, an election by secret ballot among the employees of the Employer, in the unit found appropriate, was conducted under the direction and supervision of the Acting Regional Director for the Sixteenth Region. The tally of ballots shows that of 60 votes cast, 50 were for the Petitioner, and 10 against. Thereafter, the Employer filed timely objections to conduct affecting the results of the election. After an investigation, the Acting Regional Director on June 21, 1954, issued a report on objections in which he found no merit to the Em- ployer's objections, and recommended that they be overruled and the Petitioner be certified as bargaining representative. The Employer filed timely exceptions to this report. In its exceptions, the Employer renews its contention, set forth in its objections, that the election should be set aside because a union representative, in a prior unfair labor practice case concerning the same parties involved herein, admittedly introduced at the hearing falsely dated authorization cards and that case was therefore dis- missed. The representative was active in the instant union campaign and attended a preelection conference. The Employer contends that the election should be set aside because of these facts. However, we find, in agreement with the Acting Regional Director, that the union representative's misconduct in the prior case is not relevant here. About 2 months before the election, 2 of the Petitioner's officers separately contacted an employee and told him that "The boys that didn't sign up are going to wish they had . . . that the Union would make it so hot for the boys that didn't sign up, that they would have to quit" and similar statements. Although the Employer asserts that the election should be set aside because of the foregoing, we agree with the Acting Regional Director that these incidents were too isolated and remote in time from the date of the election to affect the results. 1 Herein sometimes referred to as the union. Case No. 39-RC-743 ( not reported in printed volumes of Board Decisions and Orders). 110 NLRB No. 35. OPERATIVE PLASTERERS' AND CEMENT FINISHERS, ETC . 279 Nor do we find any merit in the Employer's contention that the election should be set aside because another employee was threatened by a fellow employee with imprisonment if he did not vote for the Petitioner. In accord with Board precedent, we find that such threats, coming from a rank-and-file employee with no evidence of any authority, are not enough to create an atmosphere of confusion and fear of reprisal sufficient to constitute interference that would justify setting aside the election 3 Accordingly, as the tally of ballots shows that a majority of the valid votes have been cast for the Petitioner, the Board will certify it as the collective-bargaining representative of the employees in the appropriate unit .4 [The Board certified United Brick and Clay Workers of America, AFL, as the designated collective-bargaining representative of the employees of the Employer in the unit found to be appropriate.] CHAIRMAN FARMER and MEMBER MURDOCK took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 3 J. J. Newberry Company, 100 NLRB 84. We find inapposite the decision cited by the Employer to sustain this exception, Dia- mond State Poultry Co., Inc., 107 NLRB 3. In that case , the Board found that the elec- tion was held in such a general atmosphere of confusion and fear of reprisal as to render impossible the rational, uncoerced selection of a bargaining representative . Therefore, the Board did not find it necessary to decide whether certain conduct could be attributed to the unions involved. 4 We also find no merit in the Employer 's other exceptions , as they are either too vague, or repetitious, or no evidence was submitted to sustain them. Nor do we feel that any useful purpose would be served in ordering a formal hearing in this case, as contended by the Employer. OPERATIVE PLASTERERS' AND CEMENT FINISHERS INTERNATIONAL ASSO- CIATION OF THE UNITED STATES AND CANADA, AFL, LOCAL 511; INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, LOCALS 17, 17A AND 17B; INTERNATIONAL ASSOCIATTON OF BRIDGE, STRUC- TURAL AND ORNAMENTAL IRON WORKERS, AFL, LOCAL #6; BUILD- ING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, AFL ; CARPENTERS DISTRICT COUNCIL OF BUFFALO AND VICINITY and EARL V. JOHNSON (NATIONAL GUNITE CORPORATION). Case No. 3-CB-200. October 11, 1954 Decision and Order On June 11, 1954, Trial Examiner Ralph Winkler issued his Inter- mediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist there- from and take certain affirmative action, as set forth in the copy of 110 NLRB No. 38.