Berkey and Gay Furniture Co.

In the Matter of BERKEY AND GAY FURNITURE COMPANY and LOCAL 2388, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH- THE A. 'F OF L. Case' No. R-'4580. -Decided March 26; 190 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES - On December 26, 1942, the National Labor Relations Board, herein, called the Board, issued its Decision and Direction of Election in the above-entitled proceeding." Pursuant to the Direction of Election,, an election by secret ballot was conducted on January 20, 1943, under, the direction and supervision of the Acting Regional Director for the Seventh Region (Detroit, Michigan). On January 23, 1943, the Act- ing Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. As to the balloting and, its, results, the Acting Regional Director reported as follows : Approximate number of eligible voters________ 566 Total ballots cast__ _________________________________________ 504, Total ballots challenged ------------------------------------- - 1 Total void ballots___`_______________________________________ 1 Total valid, votes counted__________________________________ 502 Votes cast for Local 2388, U. B C. grid J. A,'A. F: of L---------- ' 194 Votes cast for U. F. W. A., Local-45, C. I. 0__ 254 Votes cast for neither________________________________'______ 54 On January 30, 1943, Local 2388, United Brotherhood of Carpenters' and Joiners of America, affiliated with the A. F. of L., herein called the Carpenters, filed Its objections to the Election Report. The Regional Director investigated the objections of the Carpenters, and on March 12, 1943, issued his report on objections to the Election Report. The Carpenters makes the' following two contentions : (1) that Berkey and Gay Furniture Company, herein called the C_ om_pany, and the United Furniture Workers of America, Local 45, C. I. O., herein called the C. I..0., violated an election stipulation in that the " 46 1^ L R. B. 407. 48 N L. R. B, No. 81. 648 BERKEY AND GAY FURNITURE COMPANY 649 Company, permitted the C. I. O. to distribute circulars' in front of and within its plant on the day of and during the election; (2) that the C. I:' O. could prove a membership of only five at the hearing on the petition in this matter. The regional Director reported that the C. I. O. did distribute hand- bills and circulars to employees of the Company but did so outside the Company's plant at and near the entrance thereto on the day of the election. No evidence was submitted by the Carpenters or discovered by the Regional Director indicating that the Company permitted any such distribution within the plant or otherwise attempted in any way to influence the result of the election. Accordingly, we find that this ob- jection by the Carpenters is without merit. The second ground of objection is in effect an objection to the action of the Board in according the C. I.O. a place on the ballot. We con- sidered the showing of the C. 1. 0. in our Decision and found that since the C. I. O. had made a substantial showing in December 1941, prior to a shut-down, it should be accorded a place on the ballot. This objection does not relate in any way to the conduct of the election, and, accordingly, we find that it is without merit. The Carpenters further alleges that the Company hired a large number of temporary employees subsequent to the hearing for the purpose of influencing the election in favor 'of the C. I. O. At the hearing testimony was given that the bargaining unit contained ap- proximately 450 employees as of that date, and that further increases within the immediate future were anticipated. The Carpenters has not submitted, nor has the Regional Director discovered, any evidence to support the, allegation that the Company increased its employment prior to the date of the election for the purpose,of influencing the election. We find that the objections of the Carpenters are without-merit and they are therefore overruled. Since the challenged ballot cannot affect the results of the election, we find it unnecessary to make any determination with respect to it. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the. National Labor Rela- tions Act, and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is HEREBY CERTIFIED that United Furniture Workers of America, Local 45, C. I. 0., has been designated and selected by a majority of all production and maintenance employees of Berkey and Gay Furniture Company, Grand Rapids, Michigan, but excluding superintendents, foremen, regular and probationary assistant foremen, plant protec- 650 DECISIONS OF -NATIONAL LABOR. RELATIONS BOARD tion employees, Government inspectors, company inspectors, and clerical employees, as'their representative for the purposes of collec- tive bargaining, and that pursuant to Section 9 (a) of the Act, United Furniture Workers of America, -Local . 45, C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining, with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. JoHN M. HousTON took no part in the consideration of the above Supplemental Decision and Certification of Representatives.