Boaz Spinning Co., Inc.

BOAZ SPINNING CO. Boaz Spinning Company , Inc. and Textile Workers Union of America, AFL-CIO,CLC, Petitioner. Case 10-RC-7587 November 20, 1969 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN MCCULLOCH AND MEMBERS JENKINS AND ZAGORIA Pursuant to a Decision, Order, and Direction of Second Election issued by the Board on June 30, 1969 (177 NLRB No. 103), the election conducted on December 19, 1968, was set aside and a second election conducted on July 31, 1969. Upon the conclusion of the second election the parties were furnished with a tally of ballots which showed that of approximately 210 eligible voters, 123 cast valid votes for, and 80 cast valid votes against, the Petitioner. There were 2 void ballots and no challenged ballots. Thereafter, the Employer filed timely objections to the second election. In accordance with the National Labor Relations Board Rules and Regulations, the Regional Director conducted an investigation and on August 18, 1969, issued and duly served on the parties his Report on Objections, attached hereto, in which he recommended that the objections be overruled and that a Certification of Representative be issued to the Petitioner. Thereafter, the Employer filed exceptions to the Regional Director's Report. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Board has delegated its powers in connection with this case to a three-member panel. The Board has considered the Regional Director's Report, the Employer's exceptions, and the entire record in this case, and hereby adopts the Regional Director's findings and recommendations.' Accordingly, as the tally of ballots shows that the Petitioner has obtained a majority of the valid ballots cast, we shall certify it as the exclusive bargaining representative of the employees in the appropriate unit. The Employer's exceptions raise no material or substantial issue of fact or law which warrant reversal of the Regional Director's findings, conclusions, and recommendations We find inapposite The Great Atlantic and Pacific Tea Company, Inc. 177 NLRB No 126, cited by the Employer In that case, preelection remarks, by a union official, in retort to a question concerning a hypothetical strikebreaking situation after certification, were found not to constitute grounds for setting aside an election, since they were neither related to events surrounding the election, nor were calculated to coerce employees to vote for the Union In the instant case the Board found the contents of speeches made by Employer's president and vice-president, to assemblages of employees shortly before the first election, to be such as to instill in them a fear of adverse effects of collective bargaining and selection of the Petitioner as their bargaining representative There can be no doubt that the conduct herein was so related to the election as to have had a probable effect upon the employees' action at the polls N L R B v Zeirich Company, 344 F 2d 1011 (C A 5) 655 CERTIFICATION OF REPRESENTATIVE It is hereby certified that the Textile Workers Union of America, AFL-CIO,CLC, has been selected and designated by a majority of the employees of Boaz Spinning Company, Inc., Guntersville, Alabama, in the appropriate unit, as their representative for the purposes of collective bargaining and that , pursuant to Section 9(a) of the Act, as amended, the said labor organization is the exclusive representative of all the employees in such unit for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment. MEMBER ZAGORIA, dissenting: As I dissented to the Decision , Order, and Direction of Second Election herein , I would find merit in the Employer's exceptions to the Regional Director's Report. REPORT ON OBJECTIONS Pursuant to the Board's Decision, Order, and Direction of Second Election issued on June 30, 1969, a second election by secret ballot was conducted on July 31, 1969, among the employees in the stipulated appropriate unit. Upon conclusion of the balloting, the parties were furnished a tally of ballots which shows that of approximately 210 eligible voters, 123 cast valid votes for, and 80 cast valid votes against the Petitioner. There were 2 void ballots and no challenged ballots. On August 7, 1969, the Employer filed timely objections to the second election, and a copy thereof was duly served upon the Petitioner. Pursuant to Section 102.69 of the Board's Rules and Regulations an investigation of the issues raised by the objections has been conducted and the Regional Director, having considered the results thereof, makes the following findings and recommendations to the Board: Objection 1: The election conducted by the Board on July 31, 1969, was unlawful, improper and contrary to law, inasmuch as a valid election covering the same bargaining unit had been held in the preceding twelve-month period, specifically on December 19, 1968. Objection 2: The Board acted in violation of the law and contrary to the established decisions of the Courts in setting aside the election and in failing to certify the results of the election held on December 19, 1968. Objection 3: The decision of the Board in reversing the decision of the Regional Director and in setting aside the election of December 19, 1968, was contrary to the Act and contrary to law. The Employer presented no witnesses or other evidence in support of the objections. The issues raised by Objection 1, 2 and 3 were duly considered 179 NLRB No. 106 656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and resolved by the Board in its Decision, Order and Direction of Second Election of June 30, 1969. The Employer may not now take exception, in the guise of objections to election, to the Board's final disposition of these issues. Accordingly, for the foregoing reasons, the undersigned finds the Employer's objections to be without merit and recommends that they be overruled in their entirety. CONCLUSION AND RECOMMENDATION As the tally of ballots reveals that the Petitioner received a majority of the valid votes cast, it is recommended that the Board certify Textile Workers Union of America, AFL-CIO, CLC as the exclusive bargaining representative of the employees in the stipulated appropriate unit.