REPRESENTATION ISSUES; OBJECTION TO ELECTIONS – Union Conduct

Single Topic for Decision A244E

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Under Midland National Life Insurance Co. (1982) 263 NLRB 127, 110 LRRM 1489, adopted by the Board, whether statements made in CSEA flyer were true or false is immaterial. No proof was shown that the flyers were forged or altered and that the voters were unable to recognize the propaganda for what it was. Further, SEIU responded with its own flyer disputing CSEA's flyer; p. 8. NLRB has generally held that a union's promise of benefits which are not within its power to confer unilaterally do no warrant setting aside an election. CSEA flyers concerning benefits in a tentative agreement did not constitute a promise or loss of benefits as the agreement had not been ratified by either party; pp. 8-9. Remarks made by a CSEA representative to a District supervisor in front of a SEIU supporter found to have slight, if any impact on employees free choice and insufficient to set aside the election; front of a SEIU supporter found to have slight, if any impact on employees free choice and insufficient to set aside the election;