L. G. Everist, Inc.

810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD L. O. Everist, Inc. and Local No. 49, International Union of Operating Engineers, A. F. L., Petitioner. Case No. 18-RC-0437. May 19.1955 DECISION AND CERTIFICATION OF RESULTS Pursuant to the provisions of a stipulation for certification upon consent election, an election by secret ballot was conducted on March 3, 1955, under the supervision of the Regional Director of the Eight- eenth Region of the National Labor Relations Board among certain employees of the Employer. Following the election, the parties were furnished a tally of ballots. The tally shows that, of the approxi- mately 18 eligible voters, 18 cast valid ballots, of which 6 were for the Petitioner, and 12 were cast for no union. On March 9, 1955, the Petitioner filed timely objections to conduct affecting the results of the election. In accordance with the Rules and Regulations of the Board, the Regional Director conducted an investi- gation and, on March 22, 1955, issued and served upon the parties his report and recommendation on objections to conduct affecting results of election, in which he found the objections did not raise substantial or material issues to conduct affecting the results of the election and recommended that the objections be overruled. On April .1, 1955, the Petitioner filed exceptions to the Regional Director's report and requested that the election be set aside. Upon the basis of the entire record in this case, the Board makes the following : FINDINGS Or FACT 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's operations in Dell Rapids, South Dakota, excluding all office clerical employees, watchmen and guards , professional em- ployees, and supervisors as defined in the Act. Objections In its objections, the Petitioner contended that a letter sent by the Employer, shortly before the election , to all of its employees eligible 112 NLRB No. 108. L. G. EVERIST, INC. 811 to vote in the election interfered with the election. It charged that (1) the letter contains "false and misleading information . . . and was calculated to place the Union in the position of one interested only in fomenting strikes, collecting dues from the employees and giving nothing in return to its members"; (2) the letter contains a "false and misleading statement as to the employees' rights under Section 9 (a) of the National Labor Relations Act"; and (3) the letter and its attached documents, when read in their entire context, contain a "veiled threat to the employees that if they select the Union as their bargaining representative, it will have an adverse effect upon their employment and relationship with their Employer." In his report, the Regional Director found that a letter with two attachments, was mailed by the Employer on March 1, 1955, and received by the employees in due course of mail sometime prior to March 3, 1955, the date of the election. The letter, in general, urged the employees to vote against the Petitioner. In addition, it contained the following : You should remember that if they win the election, they represent all of you, not just the ones that voted for them or those that join up. Your personal right to take care of your own affairs with this company is gone. The Regional Director concluded, however, that the contents of the Employer's letter and attachments, including the above, was an expres- sion of the Employer's opinion and argument and electioneering propaganda privileged under Section 8 (c) of the Act, and that the Petitioner's objections did not raise substantial or material issues with respect to conduct affecting the results of the election. He recom- mended that the Petitioner's objections be overruled and that the Board certify that a majority of the valid ballots had not been cast for the Petitioner. In its exceptions to the Regional Director's report, the Petitioner renews its original objections. In addition, it contends that the por- tion of the letter set forth above, contains a false and misleading state- ment concerning the rights of employees that are guaranteed by the Act and "exceeds the bounds of permissible opinion and argument and does not constitute legitimate electioneering propaganda privileged under Section 8 (c) of the Act." We do not agree. The Board does not normally undertake to police or censor propa- ganda used in the elections it conducts but rather leaves to the good sense of the voters the appraisal of such matters, and to opposing parties the task of correcting inaccurate and untruthful statements.' In this instance, we are of the opinion, as was the Regional Director, 1 Co njot t Slipper Corporation, 112 NLRB 183 , Stewart-Warner Corporation, 102 NLRB 1153 . Bl ue Ban ner L aundrt/ R Cleaners, 100 NLRB 2 812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that the letter in issue herein is merely an expression of the Employer's opinion and argument and electioneering propaganda privileged under Section 8 (c) of the Act. Moreover, it does not appear to us that the portion of the letter specifically adverted to by the Petitioner is such as to influence the employees improperly or to prevent their exer- cise of a free choice.2 Accordingly, as we have found no merit in the Petitioner's objec- tions, and, as the tally shows that a majority of the ballots has not been cast for the Petitioner, we shall certify the results of the election. [The Board certified that a majority of the valid ballots was not cast for Local No. 49, International Union of Operating Engineers, A. F. L., and that the said Union is not the exclusive representative of the employees at the operations of L. G. Everist, Inc., Dell Rapids, South Dakota.] 9 Stcu a, t-'{Varner Corporation, supra Local 595, International Association of Bridge, Structural and Ornamental Iron Workers, A. F. L., and Its Business Agent, W. B. Sanders, Iron Workers Association, Inc. and W. B. Sand- ers, Resident Agent and Bechtel Corporation. Case No. 14- CD-39. May 00, 1955 DECISION AND ORDER On December 15, 1954, Trial Examiner Reeves R. Hilton issued his Intermediate Report in the above-entitled proceeding finding that the Respondents had not engaged in and were not engaging in any unfair labor practices within the meaning of Section 8 (b) (4) (D) of the Act. Accordingly, he recommended that the complaint be dismissed in its entirety. Thereafter, the General Counsel filed exceptions and a supporting brief. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Inter- mediate Report, the exceptions and brief, and the entire record in the case and hereby adopts the findings, conclusions, and recommenda- tions of the Trial Examiner only insofar as they are consistent with this Decision and Order. 1. Pursuant to Section 10 (k) of the Act, the Board issued a Deci- sion and Determination of Dispute on May 11, 1954.1 It found that Respondents, Local 595 and W. B. Sanders, were not lawfully entitled 1 Local 595, International Association of Bridge, Structural and Ornamental Iron Workers, A F. L., and its Business Agent, W. B. Sanders, 108 NLRB 823. 112 NLRB No 110.