Butler Specialty Co.

In the Matter of BUTLER SPECIALTY COMPANY, A CORPORATION, and UNITED FURNITURE- WORKERS OF AMERICA, LOCAL 18-B, AFFILI- ATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and FURNITURE, WOODWORKERS & FINISHERS. UNION, LOCAL 18-B, OF THE UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1847 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION August 26, 1940 On June 7, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in this pro- ceeding.' Pursuant to the Direction of Election, an election. by secret ballot was conducted on July 1, 1940, under the direction and supervision of the Regional Director for the Thirteenth Region (Chi- cago, Illinois). On July .13, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report, setting. forth the results of the election. On July 20, 1940, the Company filed Objections to the Election Report. On August 12, 1940, the Regional Director issued and duly served his Report on Objections to Election Report. The Board has considered the objections of the Company and finds that they do not raise substantial or material issues with respect to the conduct of the ballot or the Election Report. The objections are hereby overruled. As to the results of the balloting, the Regional Director reported as follows: Total number on eligible list ------------------------------ 203 Total number ballots cast -------------------------------- 172 Total number ballots cast for A. F. L______________________ 20 Total number ballots cast for C. I. 0______________________ 80 Total number ballots cast for neither---------------------- 72 Total number challenged ballots___________________________ 0 Total number void ballots________________________________ 0 Total number blank ballots _______________________________ 0 1 24 N. L. R. B. 497 26 N. L. R. B., No. 127 1388 BUTTER SPECIALTY COMPANY 1389 The Election Report reveals that neither of the competing labor or- ganizations received a majority of the votes cast, but that a substan- tial majority of the employees voting desired to be represented 'by a labor organization for the purposes of collective bargaining.- On August 8, 1940, the United and the Upholsterers each filed a request for a run-off election. In accordance with our decision in Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Independent Employees Organizations,' we shall direct. -a run-off elec- tion in which the eligible employees will be given the opportunity to decide whether they desire to be represented by the United or the Up- holsterers for the purposes of collective bargaining. 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 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 DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Butler Specialty Company, Chicago, Illinois, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direc- tion of Election issued June 7, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Furniture Workers of America, Local 18-B, affiliated with the Congress of'Industrial Organizations, or by Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. WILLIAM M. LEISERSON, concurring in part and dissenting in part: My views with respect to the run-off election herein directed are the same as those expressed in my opinion in the R. K. LeBlond case. 3 3 22 N. L. R. B. 465. 3 Matter of R. K. LeBlond Machine Too! Co., Cincinnati Electrical Tool Co., and Independent Employees' Organization , 22 N. L. R. B. 465. See also my dissenting opinion in Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local. No. 2673, 16 N. L. R. B. 476. - .1390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CHAIRMAN MADDEN, concurring in part and dissenting in part: For the reasons stated in my opinion in the R. K. LeBlond case,4 I would. have the run-off ballot provide for a vote for or against the United which received a plurality in the original election. 4 See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Independent Employees organization , 22 N. L. BR: B. 465.