Menasha Wooden Ware Corp.

In the Matter of MENASHA WOODEN WARE CORPORATION and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 707 (C. I. 0. ) Case No. R-4957 SUPPLEMENTAL DECISION AND DIRECTION May 8,1943. On March 20, 1943, 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 April 13, 1943, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On April 16, 1943, the Regional Direc- tor, 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 Regional Director reported as follows : Approximate number of eligible voters--------------------- 116 Total ballots cast---------------------------------------- 79 Total ballots challenged------ ---------------------------- 2 Total void ballots---------------------------------------- 1 Total valid votes counted--------------------------------- 76 Votes cast for Local 707, United Furniture Workers of America, C. I. 0----------------------- ----------------- 31 Votes cast for Furniture and Woodworkers Union, Local 330, Upholsterers' International Union of North America, A. F. of L----------------------------------- I--------- 38 Votes cast for neither------------------------------------ - 7 No objections to the conduct of the election or to the Election Report have been filed by any of the parties. In view of the fact that the counting of the challenged ballots was essential to determine the results of the election, the Regional Director 1 48 N. L. R B. 345. 49 N. L. R. B., No. 92. 633 634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD investigated the validity of the two challenged ballots and reported his findings and recommendations with respect to each of them. Hjalmar Carlson was challenged by Local 707, United Furniture Workers of America, since his name did not appear' on the list of eligible voters. He was employed as a production worker for some time prior to March 12, 1943, and he worked on that date. He did not report to work on March 13, 1943, to April 5, 1943, inclusive, but returned on April 6, 1943, and is still employed by the Company. The Regional director reported that Carlson was absent because of illness. He was carried on the books of The Company until his return to work on April 6,1943, and he was not required to make out a new application when he returned. The Regional Director recommended that the, challenge to Carlson's ballot be overruled. None of the parties ob- jected to this recommendation. We agree with the Regional Direc- tor's recommendation and find that Carlson was entitled to vote. We shall therefore order his ballot counted. Nina Rasmussen was challenged by Furniture and Woodworkers Union, Local 330, Upholsterers' International Union of North Amer- ica, A. F. of L. She was employed by the Company as a production worker for some time prior to January 16, 1943, and she worked on January 16, 1943. Her name did not appear on the list of eligible voters. She did not work from January 17, 1943, to January 24, 1943,, inclusive. On January 25, 1943, Rasmussen returned to work and worked regularly through March 2. However, she has not been to work since March 2, 1943. The Regional Director reported that she was absent because of illness but that she would return. She has been carried on the Company pay roll and the Company con- siders Rasmussen as being on a' leave of absence because of illness. We agree with the Regional Director's recommendation, to which no objection was made, and find that Rasmussen was entitled to vote. We shall therefore order her vote counted.. For reasons indicated above, we conclude and find that Hjalniar Carlson and Nina Rasmussen were eligible to vote in the election, and their ballots are hereby declared valid. Since the results of the election may depend on the counting of the two challenged ballots declared valid, we shall direct that they be opened and counted. DIRECTION. By virtue' of and pursuant to the 'power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Sections 9 and 10, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby MENASHA WOODEN WARE CORPORATION 635 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Menasha Wooden Ware Corporation, Rockford, Illinois, the Regional Director for the Thirteenth Region shall, pursuant to-the Rules and Regulations of the Board, set forth above, and subject to Article III, Section 10, of said Rules and Regulations, within ten (10) days from the date of this Direction, open and count the bal- lots of Hjalmar Carlson and Nina Rasmussen, and thereafter pre- pare and cause to be served upon the parties in this proceeding a Supplemental Election Report embodying therein his findings and recommendations as to the result of the balloting.