Fenske Bros., Inc.

In the Matter of FENSKE BROS., INC., and FURNITURE, WOODWORKERS ^L FINISHERS UNION, LOCAL 18-B, OF THE UPHOLSTERERS INTER- NATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERI- CAN FEDERATION OF LABOR, and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUS- TRIAL ORGANIZATIONS Case No. R-1843 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 supervi- sion of the Regional Director for the Thirteenth Region (Chicago, 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 Re- port. 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_ ______________________________ 79 Total number ballots cast_________________________________ 78 Total number ballots cast for A. F. of L_____________________ 37 Total number ballots cast for C. I. 0_______'________________ 14 Total number ballots cast for neither________________________ 26. Total number challenged ballots ---------------------------- 0 Total number void ballots_________________________________ 1 Total number blank ballots --------------------------------- 0 1 24 N . L. R. B. 482. 26 N. L. R. B., No. 128. 1391 1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Election Report reveals that neither of the competing labor organizations received a majority of the votes cast, but that a sub- stantial majority of the employees voting desired to be represented by a labor organization for the purposes of collective bargaining. On August 8, 1940, the Upholsterers and the United each filed a re- quest for a run-off election. In accordance with our decision in Matter of B. K. ' LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Independent Employees Organization,2 we shall direct a run-off election in which the eligible employees will be given the opportunity to decide whether they desire to be represented by the Upholsterers or the United 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 Penske Bros., Inc., 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 Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction of Elec- tion 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 Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, or by United Furni- ture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations, 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.' 822 N. L. R.B.465 3 Matter of R . K. LeBlond Machine Tool Co., Cincinnati Electrical Toot 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. 2573, 16 N. L. R. B. 476. FENSKE BROS., INC. 1393 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 Upholsterers, which received a plurality in the original election. 4 See Matter of R. K, Le Blond Machine Tool Co., Cincinnati Electrical Toot Co., and Independent Employees Organization , 22 N. L. R.. B. 465.