S. Karpen & Bros.

In the Matter of S. KARPEN & BROS., A CORPORATION and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and FURNITURE, WOODWORKERS & FINISHERS UNION, LOCAL 18-B, OF THE UPHOL- STERERS INTERNATIONAL UNJON OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1842 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 Elections in this proceedings.' On June 26, 1940, the Board issued an Amend- ment to Direction of Elections.2 In its Decision and Direction of Elections and the Amendment thereto, the Board, in accordance with a stipulation entered into by all the parties to this proceeding, directed that separate elections by secret ballot be conducted among those employees of S. Karpen & Bros., herein called the Company, at,its Chicago, Illinois, plant who fell within the groups described below: (1) Among all employees in the transportation seating division, including the welding, the machine shop, grinding and polishing, tool and die, research and experiment, inspection, tackless assembly, final assembly and finishing, excluding supervisory and clerical employees, to determine whether they desire to be represented by United Furni- ture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations, herein called the United, or by Transporta- tion Seat Workers, Local Union No. 312 of the Upholsterers Inter- national Union of North America, affiliated with the American Federation of Labor, herein called Local Union No. 312, for the pur- poses of collective bargaining, or by neither; and (2) Among all employees of the woodworking department, includ- ing the mill room, the trim room or glue room, the cabinet, the I24N.L. R.B.474. s 24 N. L. R. B. 479. 26 N. L. R. B., No. 129. 1394 S. KARPEN & BROS. ' 1395 carving, the lumber yard, and the finishing room, and the mainte- nance men, including firemen, engineers, and, general maintenance men, and, the spring manufacturing unit, excluding supervisory and clerical employees, to determine whether they desire to be represented by the United or by Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North Amer- ica, affiliated with the American Federation of Labor,- herein called the Upholsterers, for the purposes of collective bargaining, or by neither. The Board provided that, if one of the unions received the votes of a majority of the employees in either group but not: in the other group, the employees in such group would constitute an appropriate bargaining unit and such union would be certified as - the exclusive representative thereof. In the event that the same union received the votes of a majority of the employees in both groups, the Board .provided that both groups together would constitute a single appro- priate unit and such union would be certified as the exclusive repre- sentative thereof. Pursuant to the Direction of Elections, as amended, elections by secret ballot were 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, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Regional Director reported as follows: As to the election among employees in the transportation seating . division, Total number ballots cast_________________________________ 128 Total number ballots cast for C. I. O_______________________ 26' Total number ballots cast for Local 312____________________ 46 Total number ballots cast for neither----------------------- 25 Total number challenged ballots___________________________ 31 Total number void ballots ---------------------------------- 0 Total number blank ballots -------------------------------- 0 As to the election among employees in the woodworking.. department Total number on eligible list____________________________207 Total number ballots cast ---------------------------------- 179 Total number cast for C. I. O_________________ 152 Total number cast for A. F. L_____________________________ 14 Total number cast for neither_____________________________ 10 Total number challenged ballots___________________________ 2 Total number void ballots________________________________ 1 Total number blank ballots_______________________________ 0 1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 19, 1940 , the Company filed its 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 thereafter considered the objections and reviewed the rulings of the Regional ,Director. , . . . In his Election . Report the Regional Director recommended that the 31 challenges in the election -among .employees in the transporta- tion seating division be sustained . All employees whose votes were so challenged were employed in the upholstering department of the transportation seating division . Although the Company objected to the Regional Director 's recommendation , it does not contest the Re- gional Director 's findings that prior to the election none of the names of. the challenged voters were included on , the eligible list agreed on by,, all. parties prior to the holding of the election , and that all parties were of the understanding - that the employees in the upholstering depart- ment were not to be so included . Upon the entire record in this pro- ceeding, the Board finds that upholsterers were not eligible to vote in the election among employees in the transportation seating division and sustains the challenges . The objections are hereby overruled. The results of the election among employees of the transportation seating division show . that neither of the competing labor organiza- tions received, , a majority of the valid votes cast. The majority of eligible employees voting has, however , indicated a desire to bargain collectively with the Company . On August 8, 1940, the United and Local Union No. 312 filed requests for a run-off election to be held by the Board . In accordance with our decision in Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Inde-. pendent Employees Organization ,' the Board . will 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 by Local Union No. 312 for the purposes of collective bargaining. With respect to the election among employees in the woodworking department, we find that the majority of employees concerned in this election selected the United as exclusive bargaining agent. Pursuant to our Decision and Direction of Elections , holding that our determina- tion of the appropriate unit would depend upon the results of the elec- tions, we shall defer such determination until the results of the run-off election are ascertained. 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 1 22 N. L. R. B. 465. S. KARPEN & BROS. 1397 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with S. Karpen & Bros., 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 employees in the transportation seating division, described in the Direction of Elections issued June 7, 1940, but exclud- ing upholsterers and those who have since quit or been discharged for cause, to determine whether they "desire to be represented for the pur- poses of collective bargaining by United Furniture Workers, Local 18-B, affiliated with the Congress of Industrial Organizations, or by Transportation Seat Workers, Local Union No. 312 of the Uphol- sterers International Union of North America, affiliated with the American Federation of Labor. 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.4 CHAIRMAN MADDEN, concurring in part and dissenting in part: For the reasons stated in my opinion in the R. K. LeBlond case,' I would have the run-off ballot provide for a vote for or against Local Union No. 312, which received a plurality in the original election. 4 Matter of R. K. LeBlond Machine Tool 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. 2573, 16 N. L. R. B. 476. 5 See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Indepednent Em- ployees. Organization , 22 N. L. R. B. 465. 323429-42-89