New Orleans Laundry, Inc., 966 (1962)

966 DECISIONS Or NATIONAL LABOR RELATIONS BOARD,

What we do consider decisive is the fact that the Employer preempted the last opportunity for equal discussion and argumentation on the union question by waiting as he did until a time when no such equality would be physically possible . This use by the Employer of working hours for campaigning, timed so as to deny a substantially equal opportunity for presentation of the Union's views , was discriminatory and prejudiced that atmosphere we believe is essential to a fair exercise of their franchise by the voters. As the Board has held : 'In election proceedings, it is the Board's function to provide a laboratory in which an experiment may be conducted , under conditions as nearly ideal as possible, to determine the uninhibited desires of the employees.' 3

With this salutary principle in mind, we are satisfied that this election must be set aside. We shall also direct that a new election be conducted.

Order IT IS I3EREBY ORDERED that the election be held on March 20, 1912, among the employees of The Hills Brothers Company, Bartow, Florida, be, and it hereby is, set aside.

[Text of Second Direction of Election omitted from publication in this volume.] CHAIRMAN HERZOG took not part in. the consideration of the above Supplemental Decision, Order, and Second Direction of Election.

3 General Shoe Corporation, 77 NLRB 124.

NEW ORLEANS LAUNDRY, INC.' and LAUNDRY WORKERS INTERNATIONAL UNION7 LOCAL 320, AFL, PETITIONER. Case No. 15-RC-702.

August 29,1952

Decision and Order Upon a petition duly filed, a hearing was held before Victor H.

Hess, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

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-member panel [Chairman Herzog and Members Styles and Peterson].

1 The petition was amended at the hearing to name the Employer ( d/b/a Chalmette Laundries & Cleaners , Chalmette Rug Service, and Zelon Cleaners & Launderers ) correctly, as stated in the caption.

100 NLRB No. 146.

NEW ORLEANS LAUNDRY, INC. _ 967

Upon the entire record in this case, the Board finds :

  1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.' 2. The labor organizations involved claim to represent employees of the Employer.-' 3. The Employer and the Amalgamated executed a 2-year contract, dated February 25, 1952. As this contract was executed before the filing of the petition on March 5, some 15 calendar days after the Laundry Worker's request for recognition was received by the Employer, it constitutes, a bar to a present determination of representatives unless, as claimed by the Petitioner, section 22 of the contract provides for illegal union security .4 The contract is silent with respect to union security and contains provision for the checkoff of dues and initiation fees...

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