Natter Manufacturing Corp., 118 (1974) - Case Law - VLEX 43755428

Natter Manufacturing Corp., 118 (1974)

Docket Number:21-RC-13198
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Natter Manufacturing Corporation and Sheet Metal Workers' International Association, Local Union 98B-I170, AFL-CIO,, Petitioner. Case _1-RCApril 17, 1974

DECISION ON REVIEW, ORDER, AND DIRECTION OF SECOND ELECTION

BY CHAIRMAN MILLER AND MEMBERS JENKINS

AND KENNEDY

On August 28, 1973, the Regional Director for Region 21 issued a Supplemental Decision and Certification of Results of Election in the aboveentitled proceeding, in which he overruled the Petitioner's objections to the election hereinbefore conducted on July 13, 1973, and certified the results thereof.' Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, as amended, the Petitioner filed a timely request for review of the Regional Director's Supplemental Decision on the grounds, inter alia, that in overruling Objection 2 he erred in finding that the Employer's leaflet distributed to employees on the day of the election did not contain a material misrepresentation affecting the election results.

By telegraphic order dated October 25, 1973, the request for review was granted as to Objection 2 and denied in all other respects. Thereafter, the Employer filed a brief on review.

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 entire record in this case with respect to the issues under review, including the Employer's brief on review, and makes the following findings:

Objection 2 alleged that the Employer made material and substantial misrepresentations of fact in a leaflet which it distributed to employees at their work places less than 24 hours before the election.

The leaflet,2 bearing the advice, in large capitalized letters, 'confidential, for supervisors,' contained the following message:

We have been advised that the National Labor Relations Board has found Local 170 guilty of five (5) unfair labor practices at Accuride. The 1 The tally of ballots for the election showed that of approximately 325 eligible voters, 301 cast valid ballots, of which 150 were for, and 151 against, the Petitioner. There were no challenged ballots.

Union was found guilty of harassment, intimidation, and coercion toward employees at Accuride.

You can give this information to your employees.

The decision was reached today: July 12, 1973

The...

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