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 TIIE UPHOL- STERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1842 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 6, 1941 On, June 7, 1940, the National Labor Relations Board, herein called, the Board, issued its Decision and Direction of Elections in this proceeding.' The Board directed separate elections to-be con- ducted among employees in the transportation seating division and among employees in the woodworking department of the Company's plant at Chicago, Illinois. The Board stated that upon the results of the elections would depend its finding of an appropriate unit or appropriate units. On June 26, 1940, the Board issued its Amend- ment to Direction of Elections.2 Pursuant thereto, elections by secret ballot were conducted on July 1, 1940, under the-direction and super- vision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On August 26, 1940, the Board issued its Supplemental Decision and Second Direction of Election.3 The Board found that a majority of the employees in the woodworking department had selected United Furniture Workers of America, Local 18-B, affiliated with the Congress, of Industrial Organizations, as exclusive bargain- ing agent. With respect to the transportation seating division, the Board found that neither of the competing labor organizations had received a majority but that a majority had indicated a desire to bargain collectively, and accordingly directed a further election. The Board deferred its determination of the appropriate unit or '26N-L R B, No 129 2 24 N. L. R B. 479 326N L R B 1394 29 N L. R. B, No. 83. 433 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD units pending the outcome of this run-off election. On September 19, 1940, the Board issued its Amendment to Second Direction of Election.4 Pursuant to the Second Direction of Election and the amendment thereto, an election by, secret ballot was conducted on October 11, 1940. On October 18, 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 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----------------------- -- .------------------ 80 Total ballots cast for United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organi- zations-------------------------------- ----------- 12 Total ballots cast for Transportation Seat Workers, Local Union No. 312, of The Upholsterers International Union of North America, affiliated with the American Federation of Labor - ----------------:--------------------------------- 58 Total ballots challenged------------------------------------ 9 Total void ballots------------------------------------------ 0 Total blank ballots----------------------------------------- 1 Since the nine challenged ballots cannot affect the results of the election, we find it unnecessary to pass upon the challenges. On October 22, 1940, the Company filed its Objections to Election Report. On November 27, 1940, the Regional Director issued his Report on Objections to Election Report. The Company contends that the Act does not authorize run-off elections and that in any event the eligible employees should not be deprived of an opportunity to vote for neither labor organization. The Board has already considered and disposed of similar objections advanced on the same grounds in its Supplemental Decision and Second Direction of Election. We find that. the objections of the Company do not raise substantial and material issues in respect to the conduct of the ballot or the'Election Report. The objections are hereby overruled. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all employees of S. Karpen & Bros. in the transpor- tation seating division at its Chicago, Illinois, plant, including the welding, the machine shop, grinding and polishing, tool and die, research and experiment, inspection, tackless assembly, final assem- 4 27 N L. It B '332 S. KARPEN & BROS. 435 bly and finishing, but excluding upholsterers and supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. We find that all employees of S. Karpen & Bros. in the wood- working department at its Chicago , Illinois, plant, including the mill room, the trim room or glue room , the cabinet , the carving, the lum- ber yard, and the finishing room, and the maintenance men, including firemen, engineers , and general maintenance men, and the spring- manufacturing unit, but excluding supervisory and clerical employ- ees, constitute a _ unit ,appropriate for the purposes of collective bar- gaining. We find that said units will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. SUPPLEMENTAL CONCLUSIONS OF LAW 1. All employees of S. Karpen & Bros. in the transportation seat- ing division at its Chicago, Illinois, plant, including the welding, the machine shop, grinding and polishing, tool and die, research and experiment, inspection , tackless assembly , final assembly and finish- ing, but excluding upholsterers and supervisory and ' clerical em- ployees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 2. All employees of S. Karpen & Bros. in the woodworking de- partment at its Chicago , Illinois, plant , including the mill room, the trim room or glue room, the cabinet, the carving, the lumber yard, and the finishing room, and the maintenance men, including firemen, engineers, and general maintenance men, and the spring-manufac- turing unit, but excluding supervisory and clerical employees con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 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 CERTIFIED that Transportation Seat Workers, Local Union No. 312, of The Upholsterers International Union of North America, affiliated with the' American Federation of Labor, has been designated and selected by a majority of all employees of S. Karpen & Bros. in the transportation seating division at its Chicago , Illinois, 413002-42-vol 20 20 i 436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plant, including the welding , the machine shop, ' grinding and polish-. `ing, tool and die, research and experiment , inspection , tackless as- sembly, final assembly and finishing, but excluding upholsterers and 'supervisory and clerical employees , as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the Act, Transportation Seat Workers , Local Union No. 312, of The Upholsterers International Union of North America, affiliated with the American Federation of Labor, is the exclusive representa- tive of all such employees for the purposes of collective bargaining -with respect to rates of pay, wages , hours of employment , and other conditions of employment ; and IT IS HEREBY CERTIFIED that United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all employees of S. Karpen & Bros. in the woodworking department , at its Chicago, Illinois, plant including the mill room , the trim room or glue room, the cabinet, the carving , the lumber yard, and the finishin g- room and the maintenance men, including firemen, engineers , and general main- tenance men , and the spring -manufacturing unit, but excluding sup- ervisory and clerical employees , as their representative for the purposes of collective bargaining , and that pursuant to-Section 9 (a) of the Act, United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations , is the ex- clusive representative of all such employees for the purpose of col- lective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. ,WILLIAM M. LEISERSON took no part in the consideration of the above Second Supplemental Decision and Certification of Rep- resentatives.