Butler Specialty Co.

In the Matter of BUTLER SPECIALTY COMPANY, 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 UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1847 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 6, 1941 On August 26, 1940, the National Labor Relations Board, herein called the Board issued its Supplemental Decision and Second Di- rection of Election in this proceeding.' On September 19, 1940, the Board issued its Amendment to Second Direction of Election.2 Pur- suant to the Second Direction of Election, as amended, an election by secret ballot was conducted on October 11, 1940, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On October 18, 1940, 'the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, issued and duly served on the parties an Election Report. As to the balloting 'and its results, the Regional Director reported as follows : Total on eligibility list-------------------------------------- - Total ballots cast----- -------------------------------------- 71, Total ballots cast for United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organi- zations --------------------------------------------------- 61 Total ballots cast for Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor---------------------------------------------------- 8 Total ballots challenged-------------------------------------- 0 Total void ballots-------------------------------------------- 1 Total blank ballots ------------------------------------------- 1 1 26 N, L R B. 1388. 2 27 N L R B 334. 29 N. L. R. B., No. 82. 430 BUTLER SPECIALTY COMPANY 431 On October 22,1 1940, the Company filed its Objections to Election Report. On the same day a petition and objections to the Election Report, signed by 17 employees of the Company, was filed with the Regional Director. On November 9, 1940, a joint brief of the Com- pany and such petitioners, and on November 25, 1940, a joint sup- plemental brief, was filed in support of the petition and the objections. On November 27, 1940, the Regional Director issued and duly served upon the parties his Report on Objections to Election Report. .The Company and the petitioners contend that the Act does not authorize run-off elections and that in any event the eligible employees should not be deprived of an opportunity in a run-off election of 'voting that they desire neither of the contesting labor organizations to represent them. The Board has already o considered and dis- posed of similar objections advanced on the same grounds in its Supplemental Decision and Second Direction of Election. The Com- pany and the petitioners point to the fact that 203 employees were eligible in the first election, and that less than a majority of these voted in the second election, and argue that the failure on the part of many eligible employees to vote was due to the limited opportunity afforded by the run-off ballot. The Regional Director finds in this connection that the Company refused to participate upon request in the arrangements for the election, particularly referring to the fact that the Company refused, on request, to post in its plant prepared notices of the election and to furnish a revised list of eligi- ' ble employees.' The Board has considered the Election Report, the petition, the objections to the Election Report, and the briefs in sup- port thereof and the Report on Objections filed thereto, and finds that the objections do not raise, substantial and material issues in respect to the conduct of the ballot or the Election Report. The ob- jections are hereby overruled. The petition for a further election is denied. 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, 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 CERTIFIED that United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations, 8 Compare Matter of R. C. A. Manufacturing Company, Inc. and United Electrical h Radio Workers of Ameica , 2 N. L R B. 199. U 432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD has been designated and selected by a majority of all production and maintenance employees of Butler Specialty Company at its Chicago, Illinois, factory , including watchmen but excluding supervisory and clerical employees, as their representative for the purposes of collec- tive bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, United Furniture Workers' of America, Local 18-B, affiliated with the Congress of Industrial Or- ganizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.