Farnsworth Television & Radio Corp.

I the Matter Of FARNSWORTH TELEVISION & RADIO CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL # B 1160, AFFILIATED WITH THE A. F. OF L. Case No. R-1 736 SUPPLEMENTAL DECISION AND ORDER August 3, 1940 On March 11, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret' ballot was conducted on March 29, 1940, at Marion, Indiana, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On April 1, 1940, 'the Regional Director, acting pursuant to Article 111, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, issued and duly served upon the parties to this proceeding his Election Report. As to the results of the,secret ballot, the Regional Director reported as follows: Total number of employees alleged eligible to vote- _° 292 Total number of votes cast------ ------------ ------------ 249 Total number of valid votes cast -------------------------- 230 Total number of votes for International Brotherhood of Electrical Workers, Local #B1160, affiliated with the A. F. of L-------------------------------------------- 104 Total number of votes against International Brotherhood of Electrical Workers, Local #B1160, affiliated, with the A. F. of L-------------------------------------------- 126 Total number of blank ballots---- --------------- --------- 2 Total number of void ballots------ ------------- ----------- 1 Total number of challenged ballots= - ------------ ---------- 16 On April 4, 1940, the Union filed its Objections 2 to the conduct of the ballot and to the Election Report, wherein it protested the conduct 1 21 N L. R. B. 505. 2 A document entitled "Official Protest" was sent to the Board in Washington Although the form and manner of filing were not in accord with Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, we shall consider such document and the contents therecf as Objections to the conduct of the ballot and to the Election Report. _ 26 N. L. R. B., No. 9. 85 323429-42-vol. 26--7 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the election, and the results thereof as reported by the Regional Director, on the ground that the Company unlawfully interfered with the right of those entitled to vote in the election freely to choose a collective bargaining representative. The Union alleged in its Objections that after the hearing herein and prior to the election a so-called "Social Club" was formed by certain employees of the Company for the purpose of defeating the Union, and that Company foremen participated in this organization; that hour before the time for holding the election the-Company assembled 40 employees in its offices, instructed them regarding the election, and then by foremen transported these employees to the election polling place. The Union submitted to the Regional Director certain affidavits in support of its Objections, which affidavits are hereby made part of the record herein. On April 15, 1940, the Regional Director issued a Report on Objec- tions, and on May 18, 1940,_ a,Supplemental Report on Objections, copies of which were duly served upon all parties, wherein he reported, in substance, that the allegations of employer interference contained in the Objections were investigated by agents of the Board and were found supported by no showing, requiring further action by the Board. We have examined the affidavits submitted by the Union in support of the Objections and are of the opinion that they are insufficient to warrant a reasonable belief as to the possibility of the occurrence of the facts alleged in the Objections. As above-mentioned, the. Re- gional Director's investigation has disclosed nothing which would warrant such a belief.' The possibility of a denial of freedom to choose a collective bargaining agency in an election had, should appear reasonably certain,.before a hearing upon objections to an election be directed. Accordingly, we hereby overrule the Objections to the conduct of the election and to the Election Report, and affirm the rulings, find- ings, and recommendations of the Regional Director in his Election Report, Report on Objections, and Supplemental Report on Objections. The results of the Election show that no collective bargaining rep- resentative has been selected by a majority of the employees in the unit heretofore found herein to be appropriate. The petition for investi- gation and certification of representatives of employees of Farnsworth Television & Radio Corporation, Marion, Indiana, will, therefore, be dismissed. ORDEIZ By virtue of Section 9 ((,) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National 3 On May 27, 1940, the Union, by letter to the Regional Director, iN Inch letter or a copy thereof is hereby made part of the i ecoid herein, stated that it was "unahlo to get any ,ndd Itnonal informal ion on the company interference " FARNSWORTH TELEiVIS1!ON & RADIO CORPORATION 87 Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby ORDERED that the petition for investigation and certification of representatives of the employees of Farnsworth Television & Radio Corporation, Marion, Indiana, filed herein by International Brother- hood of Electrical Workers, Local #B1160, affiliated with the Amer- ican Federation of-Labor, be, and it hereby is, dismissed. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Order.