Standard Press Steel Co.

STANDARD PRESS Standard Press Steel Company-Industrial Fastener Division-Cleveland Cap Screw and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Petitioner. Case 8-RC-7568 June 11, 1970 DECISION, ORDER, AND DIRECTION OF SECOND ELECTION BY MEMBERS FANNING, BROWN , AND JENKINS Pursuant to a Stipulation for Certification Upon Consent Election approved by the Regional Director for Region 8 on July 11, 1969, an election by secret ballot was conducted on July 25, 1969, under the direction and supervision of the said Re- gional Director, among the employees in the stipu- lated unit. At the conclusion of the election, the parties were furnished a tally of ballots, which showed that, of approximately 460 eligible voters, 447 cast ballots, of which 188 were cast for, and 254 against, the Petitioner. Five were challenged, a number insufficient to affect the results of the elec- tion. Thereafter, on July 31, 1969, the Petitioner filed timely objections to conduct affecting the results of the election. In accordance with the National Labor Relations Board Rules and Regulations, the Regional Director conducted an investigation and on August 13, 1969, issued his Report on Objections, in which he recommended that the objections be overruled and that a certification of results of election issue. The Petitioner filed timely exceptions to the Re- gional Director's report, and a brief in support thereof. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists con- cerning representation of employees of the Em- ployer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. In accordance with a stipulation of the parties, we find that the following unit is appropriate for the purposes of collective bargaining within the mean- STEEL COMPANY 265 ing of Section 9(b) of the Act: All production and maintenance employees, including group leaders, at the Employer's Cleveland, Ohio, plant, but excluding all office clerical employees, professional employees, guards , and supervisors as defined in the Act. 5. On July 24, the day before the election, the Employer distributed cloth bags, each containing 105 pennies, to all the hourly rated employees. At- tached to each bag was a card, on one side of which was printed the following: Here are 105 pennies. This is the average em- ployee cost per hour to your Company for the employee benefits at CCS. This represents the cost of such benefits as listed below and others: Pension Medical Care Life Insurance Accidental Death and Dismemberment Gear Plan Paid Holidays Vacations Sick and Accident Insurance These benefits are only a part of the continuing progress in providing SECURITY! On the reverse side, the card showed the follow- ing: FOR YOUR JOB SECURITY VOTE NO UNION!! NO The bags with the cards were distributed in the timeclock area of the plant between 6:30 and 8 a.m., and from 3 to 6 p.m. The employees who were absent or on vacation on July 24 received their bags and cards during the week after the elec- tion. It appears that the Employer's average cost per hour of employees' benefits paid by the Em- ployer for each employee amounted to $1.05. Petitioner's objections claim that the Employer interfered with the election by its conduct described above. Contrary to the Regional Director, we find merit in this contention. By its bag of pennies and the explanation pro- vided on the one side of the card attached thereto, the Employer gave the employees a dramatic demonstration of its "continuing progress in provid- ing SECURITY." On the reverse side of the very same card, however, the employees were warned 183 NLRB No. 33 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that "FOR YOUR JOB SECURITY VOTE NO UNION" in the election scheduled for the following day. As we read this side of the card it pointedly links continued job security with a no-union vote. We think that this was the message intended by the Employer and received by the employees. In view of this threat of loss of benefits we find an inter- ference with the election herein which requires that the election be set aside. Accordingly, we shall order that the election be set aside and direct that a second election be held. ORDER It is hereby ordered that the election conducted on July 25, 1969, be, and it hereby is, set aside. [Direction of Second Election' omitted from publication.] ' In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their ad- dresses which may be used to communicate with them Excelsior Un- derwear Inc , 156 NLRB 1236, N L R B v Wyman-Gordon Co, 394 U S 759 Accordingly, it is hereby directed that an election eligibility list, con- taining the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 8 within 7 days after the date of issuance of the Notice of Second Election by the Regional Director The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed