Sprague Electric Co. of Wisconsin, Inc.

SPRAGUE ELECTRIC COMPANY OF WISCONSIN, INC. 165 foremen, general working foreman, buyers in charge,5 and other su- pervisors as defined in the Act. [The Board dismissed the petition in Case No. 3-RC-1497.] [Text of Direction of Election omitted from publication.] MEMBER LEEDOM took no part in the consideration of the above Decision, Order, and Direction of Election. 6 Contrary to the contention of the Teamsters and the Employer , we find that the buyers in charge at a number of the branch stations are supervisors within the meaning of the Act. It appears that the employees in this classification may be given the power to hire new employees and are in charge of the operation of the branch station. Accordingly, we exclude the buyers in charge from the unit. Sprague Electric Company of Wisconsin, Inc. and District No. 10, International Association of Machinists , AFL, Petitioner. Case No.13-RC-4061. April14,1955 SUPPLEMENTAL DECISION AND CERTIFICATION OF RESULTS OF ELECTION Pursuant to a Decision and Direction of Election issued by the Board on December 10, 1954, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Thir- teenth Region, among the employees in the unit found appropriate by the Board. Following the election, the parties were furnished with a tally of ballots which showed that of approximately 75 eligible voters, 69 cast valid ballots, of which 27 were for, and 42 against, the Peti- tioner. There was one void ballot and no challenged ballots. On January 10, 1955, the Petitioner filed timely objections to con- duct by the Employer allegedly affecting the results of the election. On February 2, 1955, the Regional Director issued and duly served upon the parties his report on objections, recommending that the ob- jections be overruled and that the Board certify the results of the elec- tion. On February 10, 1955, the Petitioner filed timely exceptions to the Regional Director's report. In its exceptions, the Petitioner does not contest the Regional Director's factual findings, but substantially reiterates its original objections' which alleged as follows : 1 In its exceptions , the Petitioner, apparently for the first time, also states that it is in possession of certain additional evidence to show that agents of the Employer "used undue influence upon the employees to vote and work against the union ," and that an agent of the Employer offered to "take and accept any and all money bets that the union was going to lose." As these constitute essentially new objections not timely filed with respect to the election, they are hereby overruled. National Container Corporation of Wisconsin, 99 NLRB 1492, at 1495. 112 NLRB No. 32. 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (1) The Employer's president interfered with the election by snak- ing a "captive audience" speech the day prior to the election. (2) The Employer's president in his speech threatened the em- ployees with insecurity of employment if the Union won the elec- tion, and promised them more employment if the Union lost the election. (3) and (4) The Employer's office manager discouraged union activity by visiting employee's homes, and by talking to them indi- vidually on company property during working hours. (5) The Employer interfered with the election by granting indi- vidual wage increases. In conformity with the Regional Director's recommendations, we find no merit in any of Petitioner's objections. With respect to objections Nos. 1 and 2, we agree with the Regional Director that the Employer's speech was not objectionable as it was delivered some 27 hours, or more than 24 hours, prior to the scheduled election,' and as it contained no threat of reprisals or promise of benefits, but was in the nature of a permissible expression of opinion as to possible consequences in the event of a union victory.3 We find that the Regional Director properly overruled objections Nos. 3 and 4, since they are based on alleged acts of interference which occurred in October 1954, or some 2 months before the issuance of the Board's Decision and Direction of Election.' Objection No. 5 is likewise overruled; the Regional Director found that the Employer granted two merit wage increases following the issuance of the Board's Decision and Direction of Election, but that it did so in the normal course of business and in accord with a long- established practice.' As we have overruled the objections to the election, and as the tally of ballots shows that the Petitioner failed to receive a majority of the ballots cast in the election, we shall issue a certification of results to that effect. [The Board certified that a majority of the valid ballots was not cast for District No. 10, International Association of Machinists, AFL, and that the said labor organization is not the exclusive repre- sentative within the meaning of the Act.] MEMBER LEEDOM took no part in the consideration of the above Supplemental Decision and Certification of Results of Election. 2 Peerless Plywood Company, 107 NLRB 427. 3 Morganton Full Fashioned Hosiery Company, et at., 107 NLRB 1534 ; Chicopee Manu- facturing Corporation, 107 NLRB 106. , F. W Woolworth Co., 109 NLRB 1446. 5 Detroit Aluminum & Brass Corporation . 107 NLRB 1411.