National Labor Relations Board v. Winchell Processing Corporation and Winchell Donut House, Inc.

The Labor Board petitions for enforcement of its bargaining order against respondent, Winchell Processing Corporation and Winchell Donut House. Following a representation election, the Board certified two unions, Bakery Drivers’ Local 276 (Teamsters) and the Bakery and Confectionery Workers’ International, as the joint bargaining representative of Winchell’s employees. The employer corporation asserts that false and misleading statements in the unions’ campaign literature vitiated the election. We agree and deny enforcement of the order.

Winchell makes donut mixes and distributes them to franchised retail outlets. In 1969 the unions began organizing Winchell’s production employees, ware-housemen and delivery truck drivers. Twelve employees work in these job categories, four as food blenders and eight as drivers and warehousemen. The representation election was held on the morning of July 25, 1969. The unions won, by a seven-to-four vote, with one ballot disqualified.

The Bakery Drivers’ Local mailed two leaflets to the employees shortly before the election. One, dated July 22, reached the employees on July 23. The second, dated July 23, arrived at the employees’ homes on July…