General Electric Co., 1247 (1966)

• Docket Number: 09-RC-05965

DECISION AND CERTIFICATION OF RESULTS

OF ELECTION

GENERAL ELECTRIC. Pursuant i o a stipulation for certification upon consent election, an election by secret ballot was conducted by the Regional Director on August 26,1964, among the employees in the unit described below. After the election, the parties were furnished with a tally of ballots which showed that of 72 eligible voters, 70 cast valid ballots, of which 31 were for the Petitioner and 39 against. Petitioner filed timely ebjections to conduct affecting the results of the election.

After investigation, the Regional Director issued and served upon the parties his report and recommendation on objections in which he recommended that the objections be overruled and that a certification of results of election be issued. Petitioner filed exceptions only to the Regional Director's recommendation with respect to objection No. 5.

156 NLRB No. 112.

In objection No. 5, Petitioner asserted that the Employer held a 'captive audience' meeting of its employees at which it campaigned against union representation and denied Petitioner an opportunity to be represented at such meeting. The Regional Director's investigation revealed that on August 17, 1964, the Employer posted a notice that a meeting relating to the forthcoming representation election would be held on August 19. On August 18, Petitioner sent a telegram to the Employer challenging the Employer's plant manager to debate the relevant issues at the meeting. The request was refused, and the meeting was held as scheduled, with attendance voluntary and employees paid for time spent in attendance. The Regional Director held that the Employer's denial of Petitioner's request to participate in the August 19 meeting was not grounds for setting aside the election 'since the evidence fails to establish that the Employer in any way diminished the effectiveness of the Petitioner's normal channels of communication and contact with employees.' DECISION DENYING REQUEST FOR REVIEW

McCULLOCH: Pursuant to the Regional Director's Decision and Direction of Election, an election by secret ballot was conducted by the Regional Director on June 6, 1963, in a unit appropriate for collective bargaining. After the election, the parties were furnished with a tally of ballots which showed that, of approximately 1,312 eligible voters, 1,227 cast valid ballots, of which 571 were for the Petitioner and 656 against. There were 24 challenged ballots and 2 void ballots. Petitioner filed timely objections to conduct affecting the results of the election. The Regional Director, after investigation, issued a Supplemental Decision and Certification of Results of Election, overruling all the objections and certifying the results of the election. Petitioner filed a timely request for review of that portion of the Regional Director's Supplemental Decision wherein the Regional Director overruled objection No. 2.

In this objection, Petitioner alleges (and the Employer does not deny that the Employer made a campaign speech to its employees at a meeting held on company premises during working time 2 days before the election. The Employer urged the employees to vote against union representation and denied Petitioner's request, made a day or two previously, for equal time to present its position at that meeting. Petitioner failed to submit evidence that the Employer had a rule prohibiting union solicitation during nonworking time or that other effective channels of communication were not available to Petitioner. In the absence of such evidence, the Regional Director held the objection did GENERAL ELECTRIC CO. 1249 not raise grounds for setting aside the election.' As noted, Petitioner filed a timely request for review of the Regional Director's disposition of this objection.

On April 2, 1965, the Board, having determined that the Employers' denial of the Petitioners' requests for an opportunity to reply to the preelection campaign speeches in these two cases...