Payne Furnace and Supply Co., Inc.

In the Matter of PAYNE FURNACE AND SUPPLY CO., INC. and STOVE MOUNTERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 93, A. F. OF L. Case No. R-1709 SUPPLEMENTAL DECISION AND ORDER April 26, 1940 On March 20, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceedings.' The Direction of Elections pro- vided that elections by secret ballot be conducted as early as possible but not later than thirty (30) days from the date of the Direction among the employees within the groups described below, who were employed by Payne Furnace and Supply Co., Inc., at its Beverly Hills, California, plant, during the pay-roll period which covers February 1, 1940, including employees who did not work during such pay-roll period because they were ill or on vacation or temporarily laid off, but excluding all office employees whatever the nature of their work, all supervisory employees with power to hire and fire, all salesmen, all engineers, the night watchman, all truck drivers, and those who between such pay-roll period and the date of the election have"quit or been discharged for cause : (a) All production and maintenance employees, including em- ployees in the "retail" or "special" fitting department and the regular fitting department, but excluding employees in the installation de- partment, and the service department, to determine whether they desired to be represented by Stove Mounters International Union of North America, Local No. 93, affiliated with the American Federation of Labor, or by Lodge 1981, Amalgamated Association of Iron, Steel, and Tin Workers of North America, through the Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the S. W. O. C., for the purposes of collective bargaining, or by neither; 121 N. L. R. B. 797. 23 N. L. R. B., No. 22. 256 PAYNE FURNACE AND SUPPLY CO.,INC. 257 (b) All employees in the installation department and the service department, to determine whether or not they desired to be repre- sented by the S. W. O. C., for the purposes of collective bargaining. In its Decision the Board stated that the ascertainment of the appropriate unit or units -for the purposes of collective bargaining would depend upon the results of the elections to be held among the two groups described above. The Board said : We shall certify the union, if any, designated by a majority of the employees within each election unit as the exclusive repre- sentative thereof. If the S. W. O. C. should win both elections, we shall certify it as the exclusive representative of both election units combined. Pursuant to the Direction of Elections, elections by secret ballot were conducted at Beverly Hills, California, on April 11, 1940, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California). On April 12, 1940, the Regional Director, acting pursuant to Article III, Section 9, of- National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballots. No objections to the conduct of the ballots or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : 1 PRODUCTION AND MAINTENANCE EMPLOYEES Total number eligible to vote______________________________ 131 Total number of ballots cast________________________________ 129 Total number of valid votes cast____________________________ 120 Total number of votes for Stove Mounters International Union of North America, Local No. 93, affiliated with the American Federation of Labor______________________________________ 4 Total number of votes for Lodge 1981, Amalgamated Association of Iron, Steel, and Tin Workers of North America, through the Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations----------------------- 8 Total number of votes for neither labor organization----_-__ 68 Total number of challenged ballots__________________________ 9 Total number of blank ballots______________________________ 0 Total number of void ballots________________________________ 0 258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. EMPLOYEES IN THE INSTALLATION DEPARTMENT AND THE SERVICE DEPARTMENT Total number eligible to vote________________________________ 42 Total number of ballots cast________________________________ 38 Total number of valid votes cast____________________________ 38 Total number of votes for Lodge 1981, Amalgamated Associa- tion of Iron, Steel, and Tin Workers of North America, through the Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations______________ 8 Total number of votes against Lodge 1981, Amalgamated Association of Iron, Steel, and Tin Workers of North America, through the Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations--_-_- 30 Total number of challenged ballots__________________________ 0 Total number of blank ballots________________________________ 0 Total number of void ballots ------------------------- ------ 0 Since the nine challenged ballots cannot affect the result of the election held among the production and maintenance employees, we find it unnecessary to pass upon the challenges. ,The results of the elections show that no collective bargaining representative has been chosen by a majority of the employees in either of the two groups described above. The petition for investi- gation and certification of representatives of employees of Payne Furnace and Supply Co., Inc., Beverly Hills, California, will therefore be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees of Payne Furnace and Supply Co., Inc., Beverly Hills, California, filed by Stove Mounters International Union of North America, Local No. 93, affiliated with the American Federation of Labor, be, and it hereby is, dismissed.