Showers Brothers Co., Inc.

In the Matter Of SHOWERS BROTHERS COMPANY, INC. al d NATIONAL FIIRNITIIRE WORKERS LOCAL No. 1, OF THE UPHOLSTERERS INTERNA- TIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-137 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 23, 1939 On July 22, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled case.' The Direction of Election directed that an election by secret ballot be conducted within 15 days from the date of the Direction among all employees of Showers Brothers Furniture Com- pany, Inc., at its Bloomington, Indiana;: plants,> employed-during the pay-roll period next preceding the date of the issuance of the Direc- tion of Election, including employees who did not work during such period because they were temporarily laid off, ill, or on vacation, but excluding foremen; salaried and office employees, and employees who had since quit or been discharged for cause, to determine whether they desired ,to be represented by, National Furniture Workers, Local No. 1, of the Upholsterers International Union of North America; affiliated with the American Federation of Labor, by United Furni-. ture Workers, Local Industrial Union No. 496, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. Pursuant to the Direction, an election by secret . ballot-.was con- ducted on August 4, 1939, at Bloomington, Indiana, under the, direc- tion and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On August 7, 1939, the said Re- gional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and 113 N. L. R. B. 829. 15 N. L. R. B., No. 65. 632 SHOWERS -BROTHERS C011IPANY, INC. 633 served upon -the parties an.Election Report ;in Which he, made the following findings with respect to the results of the election : -Total Number of Employees Alleged Eligible to Vote -------- '828 Total Number of Votes Cast ---------------------- ------- .721 Total Number of Valid Votes Cast_________________________ 715 Total Number of Votes for the National Furniture Workers, Local No. 1, of the Upholsterers International Union of North America, affiliated with the A. F. of L_____________ 250 Total Number -of Votes for the United Furniture Workers, Local Industrial Union No. 496, affiliated with the C. I. O__ 451 Total Number of Votes for neither organization ------------ 14 Total Number of Blank Ballots -------------- --------------- . 0 Total Number of Void Ballots_____________________________ 0 Total Number of Challenged Ballots_______________________ 6 With respect to the six challenged ballots, the Regional Director made no ruling and they were not counted. -.On. August 12, 1939, National Furniture Workers, Local No. 1, herein referred to as the National, filed with the Regional Director its Objections to the Conduct of the Secret Ballot and Election Re- port. On August 17, 1939, the Company and the United Furniture Workers, Local Industrial Union No. 496, herein called. the United, filed separate answers to the aforesaid objections. The Acting Re- gional Director investigated the matters contained in the Objections and on August 30, 1939, issued and duly served upon the parties his Report on the Objections. Tho Objections fall into three categories: first, that ineligible per- sons were permitted to vote; second, that the. ballot was not fairly conducted because representatives of the United and a representative `"of`tlie,Conipany were permitted to approach the polling place during voting hours; and third, that the Board in its Decision failed to pass upon the status of the closed-shop agreement between the United and the Company.2 The National contends that after the renewal date of the above-mentioned agreement, that is, March 10, 1939, the Com- pany and the United had deprived employees of employment for the reason that they had engaged in activity on behalf of the National after March 10, 1939. The National contends that 150 persons were permitted to vote although they were permanently laid off. The Acting Regional Director has reported that these persons were temporarily laid off and are still carried on the pay roll of the Company. The National also contends that 14 employees were improperly added to the eligibility list over the protest.of representatives of the National. The Acting Regional Director reports that both unions agreed im writing, on, the 2 The Board stated : "We find it unnecessary to pass upon the question whether or not the closed-shop agreement between the United and the Company was renewed." 634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,late of -the election, that employees who had been given leaves of absence should be eligible to vote unless they had notified 'the Com- pany that they- would not return to work when needed and that the 14 here involved are persons who had been given leaves of absence. The second group of objections, relating to improper activity at or near the polls, has been investigated by the Acting Regional Direc- tor, and. he has reported that there is no merit to these objections. The third claim of the National, that some of its adherents were either discharged or intimidated. because of the-actions taken by the Company and -the United under the agreement previously entered into by those parties, is untimely. - At the time of the hearing in this case, which occurred April 20, 21, and 22, 1939, the acts of which the National now complains had already occurred. However, the _ Na- tional made-no. suggestion that an election be postponed pending' an investigation. of alleged unfair labor practices. On the contrary, the National was the petitioner in this case and up until the present has asked for an early election. We have considered the objections of the National, the answers of the Company and the United, and the Report of the Acting Regional Director on the objections, and, find that the objections of the -National raise no substantial or material question with regard to the election: The objections to the election are hereby overruled. 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 8 and 9, of National Labor Relations Board Rules and Regulations=Series 2, IT IS HEREBY CERTIFIED that United Furniture Workers, Local Indus- trial Union No. 496, affiliated with the Congress of Industrial Organi- zations, has been selected by a majority of the employees of Showers Brothers Company, Inc., Bloomington, Indiana, at its Bloomington. Indiana, plants, exclusive of foremen and. salaried and office employees, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the, National Labor Relations Act, United Furniture Workers,. Local Industrial Union No. 496, affiliated with the Congress of Industrial Organizations,. is the exclusive, representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of em ployment, and other conditions of employment. -