Marshalltown Trowel Co.

National Labor Relations Board - Board Decisions

Feb 28, 1949

81 N.L.R.B. 1050 (N.L.R.B. 1949)

In the Matter Of MARSHALLTOWN TROWEL COMPANY, EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 118,
PETITIONER
Case No. 18-RC-63 .-Decided February 08, 1949
DECISION
AND
ORDER SETTING ASIDE ELECTION
Pursuant to a Stipulation for Certification upon Consent Election
executed on March 23 , 1948, by the Employer and the Petitioner, an
election by secret ballot was conducted on April 7 , 1948, among the em-
ployees in the unit set forth in the stipulation ,' under the direction and
supervision of the Regional Director for the Eighteenth Region. Upon
completion of the election , the parties were furnished with a Tally of
Ballots, in accordance with the Rules and Regulations of the Board.
The Tally shows that, of approximately 69 eligible voters, 68 cast
ballots, of which 32 were for, and 36 were against , the Petitioner.
On April 12, 1948, the Petitioner filed objections to the conduct
of the election , and on April 16, 1948, the Employer filed its answer
thereto. After an investigation , the Regional Director , on September
10, 1948, issued his Report on Objections . Thereafter , the Employer
filed exceptions to the report.
Upon the entire record in the case, the Board 2 makes the follow-
ing findings of fact :
The Petitioner , in its objections , alleges, inter alia,3 that Ralph
Williams, an officer of the Employer , on or about March 14, 1948, and
' This stipulated unit consists of all production and maintenance employees of the
Employer, including janitors , but excluding office and clerical employees , technical em-
ployees, engineers, guards, and all supervisors
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act,
the Board has delegated its powers in connection with this case to a three - aman panel
consisting of the undersigned Board Members [ Chairman Herzog and members Houston
and Gray].
'The Petitioner also alleged (1) that on the day of the election , Williams personally
passed out pay checks to employees immediately before the election , and (2 ) that several
employees received pay increases reflected in checks passed out on that date The Regional
Director found that the allegations were true , but that the facts did not constitute inter-
ference vith the conduct of the election or raise substantial or material issues relevant
thereto, and recommended that these objections be overruled No exceptions have
been bled by either of the parties The Board therefore adopts the findings and rec-
ommendations of the Regional Director and overrules these objections.
81 N. L. R. B., No. 163.
1050
MARSHALLTOWN TROWEL COMPANY 1051
upon subsequent dates, summoned employees to his office, showed and
explained to them a proposed plan for vacations and six paid holidays,
and informed them that the plan would be put into effect provided
the Petitioner did not win the election.
As a result of his investigation of these allegations, the Regional
Director made the following findings of fact :
(a) Throughout its entire history of operations, the Employer has
never granted such benefits as holiday pay or paid vacations.
(b) In the fall of 1947, substantially all employees signed a peti-
tion requesting the Employer to grant its employees paid vacations
and holiday pay, which petition was shortly thereafter submitted to
officials of the Employer.
(c) No action was taken by the Employer relative to the petition at
that time. However, at various times after February 6, 1948, the date
on which the petition in this case was filed, up to the date of the elec-
tion, Ralph Villiams, an officer of the Employer, showed to and dis-
cussed with a substantial number of employees a proposed vacation
and paid holiday plan, stating substantially that, "If the union doesn't
come in, this will be our vacation and holiday plan."
(d) To some of the employees, Williams stated, in addition, that if
the Petitioner were selected as bargaining agent, the proposed plan
would be "scrapped" and that the enjoyment of such benefits would
depend upon the outcome of negotiations. The Regional Director
further found that some of the conversations occurred in the plant
offices, employees being summoned there by supervisors or other
persons in the Employer's employ.
The Employer, excepting generally to the Regional Director's find-
ings, alleges that the activity of Williams does not constitute inter-
ference with the conduct of the election. We do not agree. '
We find that the announcement and discussions concerning the Em-
ployer's "vacation and holiday plan," particularly in view of its timing
and the emphasis on its adoption "if the union doesn't come in," with-
out any assurance that the same plan would be offered to the Union
in the event it won the election, constituted improper interference with
the exercise of the employees' free choice of a bargaining represent-
ative. We shall, therefore, set the election aside. We shall direct
a new election at such time as the Regional Director advises us that an
election may properly be held.
ORDER
IT IS HEREBY ORDERED that the election of April 7, 1948, conducted
among employees of Marshalltown Trowel Company, Marshalltown,
Iowa, be, and it hereby is, set aside.