Excelsior Underwear Inc., 1236 (1966)

National Labor Relations Board

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Excelsior Underwear Inc., 1236 (1966)



In the Excelsior case, pursuant to a stipulation for certification upon consent election, an election by secret ballot was conducted by the Regional Director for Region 11 on December 6, 1963, among the employees in the unit described below. After the election, the parties were furnished with a tally of ballots which showed that of approximately 247 eligible voters, 246 cast ballots, of which 35 were for, and 206 against, the Petitioner, and 5 challenged. The challenges were insufficient in number to affect the results of the election. The Petitioner filed timely objections to conduct affecting the results.

The objections, as summarized by the Regional Director, related to the following:

(1) The Employer's conduct on November 29 in mailing to all employees an 8-page letter allegedly containing material misstatements as to Union dues and initiation fees, as well as provisions of the National Labor Relations Act, threats of plant closings, strikes and violence, and a predetermined position of refusing to bargain in the event the Union were to be selected as bargaining representative.

(2) The Employer's conduct in refusing to supply the Union with a list of employees and their addresses for the purpose of allowing the Union to answer the letter referred to in Objection No. 1.

I Referred to herein as the Excelsior case.

2 Referred to herein as the Kellogg case.

156 NLRB No. 111.

EXCELSIOR UNDERWEAR INC. 1237 (3) The Employer's conduct on or about December 4, in posting a notice at its plants materially misrepresenting Union officials' salaries.

(4) The Employer's conduct on December 5, in giving a speech to employees on Company time containing promises of benefit if the employees did not select the Union as their...

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