New Castle Products

In the Matter of H. D . OBERDORFER AND J. S . OBERDORFER , PARTNERS, DOING BUSINESS UNDER THE NAME OF NEW CASTLE PRODUCTS and UNITED FURNITURE WORKERS OF AMERICA (C. I. O.) , LOCAL #616 Case No. R-0788 SUPPLEMENTAL DECISION AND DIRECTION October 92, 1941 On August 21, 1941, the National Labor Relations Board , herein called the Board , issued its Decision and Direction of Election in this proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on September 18, 1941 , under the direction and supervision of the Regional Director for the Eleventh Region (In- dianapolis, Indiana ). On September 30, 1941 , the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amend, issued and duly served upon the parties his Election Report. As to the balloting and its results , the Regional Director reported as follows : Total number of employees alleged eligible to vote--- --------- 46 Total number voted ----------------------------------------- 45 Total number of valid ballots cast --------------------------- 41 Total number of votes for United Furniture Workers of America, Local #616, affiliated with the C. I. 0---------------------- 19 Total number " of votes for United Brotherhood of Carpenters and Joiners of America , Local No. 1761, affiliated with the A. F. of L------------------------------------------------ 21 Total number of votes for neither organization --------------- 1 Total number of blank ballots-- ----------------------------- 0 Total number of void ballots--------------------------------- 0 Total number of challenged ballots ---------------------------- 4 The Regional Director reported that each of the four challenged ballots was challenged by United Furniture Workers of America, Local #616, affiliated with the C. I. 0., and that such ballots were 134 N. L. R. B., No. 85. 36 N. L. R. B., No. 66. 348 H. D. OBERDORFER AND J. S. OBERDORFER 349 cast by J. C. Bailey, Lesta O. Hayes, Robert Spaimuth, and George Dominick, respectively. The Regional Director found that each of the voters named above was eligible to vote in the election, overruled each of the four challenges, and recommended that such challenged votes be counted. No objections to the conduct of the ballot or to the Elec- tin Report have been filed by any of the parties. We concur in the rulings of the Regional Director. We find that J. C. Bailey, Lesta O. Hayes, Robert Spannuth, and George Dominick were eligible to vote in the election and their ballots are hereby declared valid. Since the results of the election may de- pend on the counting of the four challenged ballots of the eligible voters named above, we shall direct that they be counted. DIRECTION 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 ascertain representatives for the purposes of collective bargaining with H. D. Oberdorfer and J. S. Oberdorfer, partners, doing business under the name of New Castle Products, New Castle, Indiana, the Regional Director for the Eleventh Region (Indianapolis, Indiana) shall, pursuant to the Rules and Regulations of the Board, set forth above, and subject to Article III, Section 9, of said Rules and Regula- tions, within ten (10) days from the date of this Direction, (1) open and count the ballots of J. C. Bailey, Lesta O. Hayes, Robert Span- nuth, and George Dominick; and (2) prepare and cause to be served upon the parties in this proceeding a Supplemental Election Report, embodying therein his findings and his recommendations as to the results of the balloting. [SAM TITI.E] CERTIFICATION OF REPRESENTATIVES . November 21, 1941 On August 21, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in this proceeding.' On October 22; .1941, the Board issued its Supple- mental Decision and Direction.2 On October 29, 1941, the Regional Director, acting pursuant to the Direction, opened and counted the challenged ballots of J. C. Bailey, Lesta O. Hayes, Robert Spannuth, and George Dominick, and thereafter prepared and served upon the parties his Supplemental Election Report. No objections to the Supplemental Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total Number of Employees Alleged Eligible to Vote------- 46 Total Number Voted-------------------------------------- 45 Total Number of Valid Votes Cast------------------------- 45 Total Number of Votes for UNITED FURNITURE WORK- ERS OF AMERICA, LOCAL NO. 616, affiliated with the C. I. 0------------------------------------------------- 19 Total Number of Votes for UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL NO. 1761, affiliated with the A. F. of L---------------------- 25 Total Number of Votes for NEITHER Organization--------- 1 Total Number of Blank Ballots---------------------------- 0 Total Number of Void Ballots----------------------------- 0 Total Number of Challenged Ballots------------------------ 0 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 Brotherhood of Carpenters'& Joiners of America, Local No. 1761, affiliated with the A. F. of L., ,has been designated and selected by a majority of all production em- 134 N. L. R. B., No. 85. 2 36 N. L. R. B., No. 66. 36 N. L. R. B., No. 66a. 350 H. D. OBERDORFER AND J. S. OBERDORFER 351 ployees of H. D. Oberdorfer and J. S. Oberdorfer, partners, doing business under the name of New Castle Products, New Castle, In- diana, excluding clerical employees, the plant manager, and Richard Oberdorfer, as their representative for the purposes of collective bar- gaining and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, United Brotherhood of Carpenters & Joiners of America, Local No. 1761, affiliated with the A. F. of L., is the exclusive representative 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.