Janler Plastic Mold Corp.

540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Janler Plastic Mold Corporation and Pattern Makers' Association of Chicago, Affiliated With the Pattern Makers' League of North America , AFL-CIO, Petitioner. Case 13-RC-12101 November 10, 1970 DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS Pursuant to a Stipulation for Certification Upon Consent Election approved on March 6, 1970, an election by secret ballot was conducted on April 3, 1970, under the direction and supervision of the Regional Director for Region 13 among the employ- ees in the stipulated unit described below. At the conclusion of the election the Regional Director served upon the parties a tally of ballots which showed that of approximately 42 eligible voters, 41 cast ballots, of which 21 were for, and 20 against, Petitioner. Thereafter, the Employer filed timely objections to conduct affecting the results of the election. In accordance with National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation, and on May 25, 1970, issued and duly served upon the parties his report on objections, in which he recom- mended that the Board overrule the Employer's objections and certify Petitioner. The Employer thereafter filed timely exceptions to the Regional Director's report, together with a brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National 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. Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concern- ing the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. In accordance with the stipulation of the parties, we find that the following employees consti- tute a unit appropriate for collective-bargaining purposes within the meaning of Section 9(b) of the Act: All tool room employees including all mold makers, machine operators, mold repairmen, apprentices, mold designers, mold polishers, main- tenance employees, and tool crib attendants employed at the Employer's plant located at 5292 Northwest Highway, Chicago, Illinois, but exclud- ing all office clerical employees, professional employees, guards and supervisors as defined in the Act. 5. The Employer excepts to the Regional Direc- tor's report, arguing that the Regional Director erred in dismissing the Employer's objections. For reasons stated in the report, and for the following reasons, we find no merit in the Employer's exceptions. We further find, in agreement with the Regional Director, that the conduct alleged as objectionable by the Employer was not in fact coercive or objectionable; that the Employer's objec- tions should be overruled in their entirety; and that a Certification of Representative should issue.' One exception of the Employer calls for particular comment. The Employer argues in Part Two under Objection II of its brief that the Regional Director's report totally fails to deal with Petitioner's alleged "threat" that employees would lose their jobs if they did not vote for Petitioner. Although the supporting statements alleged that some employees were told this before the election, we are satisfied that the employees could reasonably be expected to evaluate these remarks as noncoercive and not as threats. Nor do we consider that a particular employee's subjective "understanding" of these remarks is competent evidence to prove a coercive or objectionable effect, since in our opinion the remarks do not reasonably have that tendency.2 In the first place, the vote was to be by secret ballot, under conditions safeguarded by the Board; and no evidence was offered to show that any employee had reason to believe that Petitioner could ascertain how he voted. In the second place, no evidence was offered to show that any employee had reason to believe that the Employer favored Petitioner and on request was disposed to discharge any employees for voting against Petitioner. Accordingly, we find no merit in this exception.3 Contrary to the Employer's contention, we do not rely on Petitioner's denials or other defenses with respect to the alleged misconduct. Our conclusion is based, rather, on the insufficiency of the prima facie evidence presented by the Employer for invalidating the election , assuming the truth of all this evidence. We, accordingly, deny the Employer's alternative request for a hearing on the alleged factual issues raised by Petitioner's denials. 2 Nash-Finch Company d/b/a Jack & Jill Stores, 178 NLRB No. 77; Marie Phillips, Inc., 178 NLRB No. 53. 3 Chairman Miller disagrees on this issue, believing that the allegations of threats of loss of jobs are sufficiently serious that a hearing should be directed on this objection . In his opinion , if such threats are made sufficiently close to the time of the election, so that there is no time for 186 NLRB No. 80 JANLER PLASTIC MOLD CORPORATION As the tally of ballots shows that Petitioner has received a majority of the ballots cast, we shall certify it as the exclusive bargaining representative for the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVE It is hereby certified that a majority of the votes has 541 been cast for Pattern Makers ' Association of Chicago, affiliated with the Pattern Makers' League of North America, AFL-CIO, and that the said labor organiza- tion is the exclusive representative of all the employ- ees in the unit found appropriate, within the meaning of Section 9(a) of the National Labor Relations Act, as amended. contrary assurances or neutralization to occur, there may well be grounds for setting aside the election