Glassmaster Plastics Co., 944 (1973)

Extract

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Glassmaster Plastics Co., 944 (1973)

Glassmaster Plastics Company and United Rubber,

Cork, Linoleum and Plastic Workers of America,

AFL-CIO. Cases 16-CA-4596 and 16-RC-5872

May 30, 1973

DECISION, ORDER, AND DIRECTION OF SECOND ELECTION

BY CHAIRMAN MILLER AND MEMBERS FANNING AND

JENKINS

On October 4, 1972, Administrative Law Judge John G. Gregg issued the attached Decision in this proceeding. Thereafter, the Respondent filed exceptions and a supporting 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 authority in this proceeding to a three -member panel.

The Board has considered the record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law judge and to adopt his recommended Order.

In Case 16-RC-5872 the Administrative Law Judge sustained the Union's objection to the election held on March 10, 1972. The Union charged that known union adherents were given final warning notices for talking about the Union during working hours while antiunion employees were allowed to talk openly against the Union while working , as well as being allowed to pass out antiunion literature on the day of the election; thus the Employer illegally enforced an illegal no-solicitation rule .2 i Chairman Miller dissents from the Administrative Law Judge's finding, adopted by his colleagues, that the no-solicitation-distribution rule promulgated and posted herein was presumptively invalid because too broadly restrictive. The rule prohibits solicitation, inter aba, by employees on company property during their working time, and distribution of literature by them on company property in nonworking areas during working time and in working areas at any time . By implication it allows the converse of the restrictions imposed on the employees by the rule, that is, solicitation during their nonworking time, and distribution of literature in nonworking areas during their nonworking time . In Republic Aviation Corporation v. N.L.R B., 324 U.S. 105 (1945), the Supreme Court adopted the Board's definition in Peyton Packing Co., 49 NLRB 828, that 'working time is for work.' Since the rule under consideration is couched in terms of the employees' working time, it is, in the Chairman's view, presumptively valid absent evidence that the rule was promulgated for discriminatory purposes. No such evidence was adduced. Accordingly, he does not find that the rule on its face violates Sec.

8(a)(I) of the Act. See, e.g., Erie Marine, Inc., Division of Litton Industries, 192

NLRB 793; The Permian Corporation, 189 NLRB 860; and Stoddard-Quirk Manufacturing Co, 138 NLRB 615. Cf. Hosiery Corporation of America, 175

NLRB 180. He does, however, for the reasons relied on by the Administrative Law Judge, find that the rule was discnminatonly applied in the case of em2ployee Jerry Weaver in violation of that section of the Act.

The Administrative Law Judge in Ca...

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