Cases in Collective Bargaining & Industrial Relations, $\frac{10}{e}$

$49$

$80$ Part One Legal Aspects of Collective Bargaining: National Labor Relations Board Cases

Case $10$

Boisterous Prounion Conduct during a Representational Election

Company

Pepsi$-$Cola Bottling Company of Petersburg, Inc., Petersburg, Virginia

Union

Local Lodge No$.10,$ International Association of Machinists and Aerospace Workers BACKGROUND

On June $7,1988,$ the regional office of the NLRB conducted a representational election at the company plant to determine whether the union would be the exclusive bargaining representative for a unit of the plant's production and maintenance employees. The essential facts of what occurred were not disputed by the parties.

The election booths were located in the lunchroom and were open from $6$:$15$ to $7$:$45$ A$.$M$.$ and from $3$:$30$ to $5$ P$.$M$.$ Approximately $15$ minutes before the morning voting period began, a group of about $15$ to $20$ employees entered the plant. Some of them proceeded to the restroom area inside the locker room; the others assembled near the time clock located outside the locker room. Most of the employees wore shirts and caps bearing the union's $logo,$ and the shirts also bore the caption, "Geared For Action." While walking through the plant, the group chanted slogans, cheered, and clapped. Between $6$:$05$ and $6$:$10$ A$.$M$.,$ the group proceeded to the aisleway outside the lunchroom and formed lines on both sides of the aisleway, which came within $10$ to $15$ feet of the lunchroom door. While waiting for the election booths to open, the employees engaged in further cheering, clapping, and talking among themselves and with other employees passing by$.$ The employees made remarks such as$,$ "We're going to take over," "We're counting on you," "Welcome to our house," "This is the day we've been waiting for," "Here comes one of our boys," and other similar comments. Several employees walked between the lines of the union supporters and were greeted by name or patted on the back as they walked by$.$

When the election booths opened at $6$:$15$ A$.$M$.,$ a group of approximately $10$ employees were already in line to vote. After the voting began, the voting line extended into the aisleway outside the lunchroom perpendicular to the lines of union supporters. Employees continued to filter through the lines of the union supporters after the election booths opened. The union supporters left their formation, one or two at a time, to enter the other line of employees waiting to vote. After these individuals cast their ballots, they returned to the lines of union supporters. The group continued to clap, chant, cheer, and to make remarks to employees passing between their lines until sometime between $6$:$30$ and $6$:$40$ A$.$M$.$ At