S. Karpen & Bros.

In the Matter of S. KARPEN & BROS. and UNITED FURNITURE WWWORKERS OF AMERICA, LOCAL No. 576, C. I. O. Case No. R-1310 Furniture Manufacturing Industry-Election Ordered: run-off. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION September X, 19.3'9 On August 11, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled case.' The Direction of Elections provided that sepa- rate elections by secret ballot be conducted among (1) all employees in the woodworking and finishing departments of S. Karpen & Bros., Huntington Park, California, whose names appeared on the pay roll of the Company for the period immediately preceding the date of the Direction of Elections, excluding supervisory employees and those employees who had since quit or been discharged for cause, but including those employees who were sick, on vacation, or temporarily laid off, to determine whether they desired to be represented by United Furniture Workers of America, Local No. 576, or Furniture Workers Union, Local No. 1561, United Brotherhood of Carpenters and Joiners of America, for the purposes of collective bargaining, or by neither, (2) all employees in the spring, mattress, and upholster- ing departments of S. Karpen & Bros., Huntington Park, California, whose names appeared on the pay roll of the Company for the period immediately preceding the date of the Direction of Elections, exclud- ing supervisory employees and those employees who had since quit or been discharged for cause, but including those employees who were sick, on vacation, or temporarily laid off, to determine whether they desired to be represented by United Furniture Workers of America, Local No. 1576, or Upholsterers International Union of North Amer- ica, Local No. 15, for the purposes of collective bargaining, or by 1 14 N. L. R. B. 465. 15 N. L. R. B., No. 63. 594 S. KARPEN & BROS. 595 neither, and (3) truck drivers and all employees in the shipping department of S. Karpen & Bros., Huntington Park, California, whose names appeared on the pay roll of the Company for the period immediately preceding the date of the Direction of Elections, exclud- ing supervisory employees and those employees who had since quit or been discharged for cause, but including those who were sick, on vacation, or temporarily laid off, to determine whether they desired to be represented by United Furniture `Yorkers of America, Local No. 576, or International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No. 389, for the purposes of collective bargaining, or by neither. Pursuant to the Direction of Elections, elections by secret ballot were conducted on August 24, 1939, under the direction and super- vision of the Acting Regional Director for the Twenty-first Region (Los Angeles, California). On August 26, 1939, the Acting Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report on the elections. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the results of the secret ballots, the Regional Director reported as follows : 1. WOODWORKING AND FINISHING DEPARTMENTS 1.'Total number eligible----------------------------------- 53 2. Total number of ballots counted________________________ 47 3. Total number-of votes for United Furniture Workers of America, Local No. 576_______________________________ 42 4. Total number of votes for Furniture Workers Union, Local No. 1561, United Brotherhood of Carpenters & Joiners of America ------------------------------------------ • 0 .5., Total number of.'votes for neither______________________ 5 6. Total number of blank ballots__________________________ 0 7. Total number of void ballots___________________________ 0 8. Total number of challenged votes----------------------- 2 2. SPRING, MATTRESS , AND UPHOLSTERING DEPARTMENTS 1. Total number eligible__________________________________ 66 2. Total number of ballots counted------------------------ .56 3. Total number of votes for United Furniture Workers of America, Local No. 57G ------------------------------- 21 4. Total number of votes for Upholsterers International Union of North America, Local No. 15________________ 10 5. Total number of votes for neither_______________________ 25 6. Total number of blank ballots__________________________ . 0 7. Total number of void ballots ---------------------- ------- 1 8. Total number of challenged votes----------------------- 3 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. TRUCKING AND SHIPPING DEPARTMENTS 1. Total number eligible----------------------------------- 6 2. Total number of ballots counted ------------------------ 5 3. Total number of votes for United Furniture Workers of America , Local No. 576------------------------------- 4 4. Total number of votes for International Brotherhood of Teamsters , Chauffeurs , Stablemen and Helpers of Amer-. ica, Local No. 389------------------------------------ 1 5. Total number of votes for neither---------------------- 0 6. Total number of blank ballots-------------------------- 0 7. Total number of void ballots --------------------------- 0 8. Total number . of challenged votes----------------- ------ 0 The Election Report reveals that in the election among the em- ployees in the spring, mattress, and upholstering departments neither the United Furniture Workers of America, Local No. 576, nor Uphol- sterers International Union of North America, Local No. 15, received a majority of the votes cast. A majority of those employees.have, nonetheless, indicated a desire to bargain collectively with the Com- pany. The United Furniture Workers of America, Local No. .576, which received the greater number of votes validly cast in the elec- tion, has requested the holding of a run-off election. We find that the question concerning representation which has arisen can best be resolved by the holding of a run-off election in which the employees in the spring, mattress, and upholstering departments will be given the opportunity to decide whether or not they desire to be repre- sented by United Furniture Workers of America, Local No. 576. Although United Furniture Workers of America, Local No. 576, received a majority of the votes validly cast in both the election among the employees in the woodworking and finishing departments and the election among the employees in the trucking and shipping departments, we will not issue a certification of the United Furniture Workers of America, Local No. 576, as the exclusive representative of . those- employees - until after 'the election among the employees in the spring, mattress, and upholstering departments has been con- ducted. We stated in the Decision and-Direction of Elections previ- ously referred to that upon the results of the elections. would depend in part the determination of the appropriate unit or units for the purposes of collective bargaining. We also said: "If Local 576 should win two or three of the election units we shall combine those units in which it has been successful and certify Local 576 as exclu- sive representative thereof." In consequence, we will wait until the election among the employees in the spring, mattress, and upholster- ing departments has been held in order to determine the extent of the appropriate ulit. S. KARPEN & BROS. 597 SECOND DIRECTION OF ELECTION 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, 49 Stat. 449, and pursuant to Article -III, Sections 8 and:9, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collec- tive bargaining with S. Karpen & Bros., Huntington Park, Califor- nia,.anaelection by secret ballot shall be conducted within fifteen (15) days from the date, of this Direction, under the direction and super- vision of the Regional Director for the Twenty-first Region, acting in this matter as an agent of the National Labor Relations Board, among all employees in the spring, mattress, and upholstering de- partments of S. Karpen & Bros., Huntington Park, California, who- were eligible to vote in the election of August 24, 1939, excluding those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Furniture Workers of America, Local No. 576, for the purposes of collective bargaining. MR. WILLIAM M. LEisERsoN took no part in the consideration of, the above Supplemental Decision and Second Direction of Election. 199549-39-vol. 15-39