3. Did the Union’s broadcast violate the captiveaudience rule? If so, should the results of the election be overturned and a rerun election scheduled? Why or why not? Acoustical Enterprises (the Employer)

manufactures commercial acoustic soundproofing material at a plant in Echo, South Dakota. On December 20, the Union filed a petition with the NLRB seeking certification as the exclusive bargaining representative of Acoustical’s production and maintenance employees. An election was set for 2:00 P.M. on February 18.

As the election approached, the main issue became the wages and benefits received by the nonunion employees at the Echo plant versus those received by unionized employees at a Bronx, New York, plant owned by the Employer. Acoustical made divergent statements about the extent of any difference between the two plants, and the election rhetoric became quite heated. In particular, the Union repeatedly made disparaging remarks about Acoustical’s main spokesperson, Fran Orange. On the day before and day of the election, the Union parked a car mounted with a loudspeaker system 25 to 30 yards from Acoustical’s main entrance.