Tucker Duck & Rubber Co., Inc.

In the Matter of TUCKER DUCK & RUBBER CO., INC. and UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL #252, AFFILIATED WITH THE AMERICAN FEDERATIOI OF LABOR Case No. 1Q-2976 SUPPLEMENTAL DECISION AND DIRECTION December 13, 1911 On October 15, 1941, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceedings.' Pursuant to the Direction of Election, an election by secret ballot was conducted on November 7, 1941, under the direction and supervision of the Regional Director for the, Fifteenth Region (New Orleans, Louisiana). On November 15, 1941, the Regional Director, acting pur- suant 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, reporting as follows concerning the balloting and its results : Total on eligibility list------------------------------------- 124 Total ballots cast------------------ --______----__ 2101 Total ballots challenged----------------------------------- 32 Total blank ballots- --------------------------------------- 0 Total void ballots----------------------------------------- 0 Total valid votes counted--------------------------------- 101 Votes cast for Upholsterers International Union of North America, Local 252, AFL-------------------------------- 49 Votes cast for United Furniture Workers of America, Local 1650, CIO----------------------------------------------- 49 Votes cast for no union------------------------------------ 3 The ballots of Clyde Cordell and Lloyd Freeman, who are in the active military service or training of the United States, were not re- 136 N. L. R B. 132. 2 This does not include the ballots of Clyde Cordell and Lloyd Freeman, who were in -the active military service or training of the United States and whose ballots were not tabulated by the Regional Director, or the ballots of Carl Ililam and Henry 'L Garretson, whose ballots were challenged at the election. 3 This does not include the ballots of Cordell and Freeman mentioned above. 37 N. L. R. B., No. 98. 573 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD turned to the Regional Director in sufficient time to have them avail- able at the opening of the ballot box and the counting of the other bal- lots on November 7, 1941. They remain in the possession of the Re- gional Director, unopened and uncounted . The Regional Director recommended in his Election Report that these two ballots be declared valid and counted. None of the parties has objected to this recom- mendation. With respect to the two ballots challenged at the election on Novem- ber 7, 1941, the Regional Director reported that they were cast by Carl Milani and Henry L. Garretson. Milain is employed as assistant to the head shipping clerk of the Company , his duties being to address and tag shipments , fill orders , and drive a truck. Garretson, chal- lenged because his name did not appear on the seniority list,' had left Fort Smith, Arkansas , on learning that no work was available for him at the Company's plant . On October 17, 1941, the Company had a job available but was unable to locate him. He returned to Fort Smith on November 5, 1941, but his name was removed from the seniority list on November 6, 1941. The Regional Director recom- mended in his Election Report that the challenges be overruled and that the ballots of these two employees also be declared valid and counted. None of the parties has objected to the recommendation with respect to Garretson. United Furniture Workers of America, Local 1651 , affiliated with the Congress of Industrial Organizations , filed with the Regional Director its objections to the recommendation that the ballot of Carl Milam be counted . On November 26, 1941, the Regional Direc- tor issued his Report on Objections , in which he found that Milani spends about 10 percent of his time in writing shipping tags, his only clerical work, and 90 percent of his time in assembling orders, packing them for shipment , and driving a truck. We find that the ballots of Cordell and Freeman were duly received and are valid . We further find that Milani and Garretson were eligible to vote and that their ballots are valid . We shall therefore direct that the Regional Director open and count the ballots of the four named individuals and issue a Supplemental Election Report. DIRECTION 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 6 The Board's Direction of Election directed that persons whose names appeared on the revised seniority list dated April 26, 1941, who had not declined an offer of' employment by the company, were eligible to vote. TUCKER DUCK & RUBBER Co., INC. 575 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 Tucker Duck & Rubber Co., Inc., Fort.Smith, Arkansas, the Regional Director for the Fifteenth Region shall, pursuant to said Rules and Regulations, and subject to Article III, Section 9, thereof, within ten (10) days from the date of this Direction open and count the ballots of Clyde Cordell, Lloyd Freeman, Carl Milam, and Henry L. Garretson herein declared valid, and shall thereafter pre- pare and cause to be served upon the parties to these proceedings a Supplemental Election Report, embodying therein his findings and recommendations as to the results of the ballot. Mn. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision and Direction: