Sewell Manufacturing Co.

220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is sufficient therein, we find that the following constitute appropriate units for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act : Unit A. All lithographic production employees employed by Salina Press, Inc. and Salina Repro Service, Inc., Syracuse, New York, excluding all office clerical employees, professional em- ployees, watchmen and guards, and all supervisors as defined in the Act. Unit B. All lithographic production employees employed by Pratt Printing Company, Inc., Syracuse, New York, excluding all office clerical employees, professional employees, watchmen and guards, and all supervisors as defined in the Act. [Text of Direction of Elections omitted from publication.] Sewell Manufacturing Company and Amalgamated Clothing Workers of America, AFL-CIO, Petitioner. Case No. 10-RC- 5016. December 20, 1962 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF THIRD ELECTION Pursuant to a Decision, Order, and Direction of Second Election issued by the Board on August 9, 1962,' a second election by secret ballot was conducted by the Regional Director for the Tenth Region among the employees in the appropriate unit. Upon the conclusion of the election the parties were furnished a tally of ballots which showed that of approximately 1,338 eligible voters, 345 cast votes for, and 931 cast votes against, the Petitioner, 8 cast challenged ballots, and 4 ballots were void. Thereafter the Petitioner filed timely objections to conduct affecting the results of the election. In accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation, and on September 28, 1962, issued his report on objections in which he found the objections to be without merit and recommended that they be overruled. The Petitioner filed timely exceptions to the Regional Director's report and recommenda- tions dealing with preelection propaganda which was distributed to eligibles during the critical period.' Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Leedom, Fanning, and Brown]. 1138 NLRB 66. 2 In the absence of exceptions thereto, the Board adopts pro forma the Regional Director's recommendation that objections Nos. 5 and 6 be overruled. 140 NLRB No. 24. HOLLYWOOD CERAMICS COMPANY, IN C. 221 The Board has considered the Regional Director's report and the exceptions thereto, and upon the entire record in this case makes the following findings : The Petitioner objected to the election upon the ground, inter alia, that various forms of propaganda distributed to employees during the critical period were similar in content and effect to "election propa- ganda" proscribed by the Board in its decision setting aside the first election referred to above. The Regional Director's investigation showed that immediately prior to the second election employees received copies of "Militant Truth," dated May 1962, which contained four pages of appeals and arguments against unionization based, in part, upon racial considera- tions. In addition, the employees received copies of local newspapers containing editorials and a letter from the Employer which stressed similar appeals and arguments against unionization. The Regional Director found that such propaganda did not impair the employees' freedom of choice in the election and recommended that objections based thereon be overruled. For the reasons stated below, we do not agree. In our opinion, the propaganda complained of is essentially the same type of appeal and argument upon which the Board set aside the first election. We find that the documents in question were intended to and did inflame the racial feelings and other prejudices of the voters on matters unrelated to election issues. As we noted in our prior De- cision setting aside the first election, such propaganda has no place in Board election campaigns since it creates an atmosphere which is not conducive to a sober and informed exercise of the franchise. Accord- ingly, we find that the conditions under which the election was held impeded a reasoned choice as to a bargaining representative and nulli- fied the election. We shall, therefore, set aside the election and direct that a third election be held. [The Board set aside the election held on August 24,1962.] [Text of Direction of Third Election omitted from publication.] Hollywood Ceramics Company, Inc. and United Brick and Clay Workers of America, AFL-CIO, Petitioner. Case No. 21-RC- 7362. December 20, 1962 DECISION AND DIRECTION OF SECOND ELECTION Pursuant to a stipulation for certification upon consent election an election by secret ballot was conducted by the Regional Director for the 140 NLRB No. 36.