Tucker Duck & Rubber Co., Inc.

In the Matter of TUCKER DUCK & RUBBER Co., INC. and UrlioL- STERERS INTERNATIONAL. UNION OF NORTH AMERICA, LOCAL #252, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-2976 SUPPLEMENTAL DECISION AND DIRECTION OF RUN-OFF ELECTION January 24, 1942 On October 15, 1941, the National Labor Relations Board, herein called the 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 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. On December 13, 1941, the Board issued a Supple- mental Decision and Direction,2 in which it directed that the Regional Director open and. count certain ballots therein declared valid and thereafter prepare a Supplemental Election Report embodying his findings and recommendations as to the results of the ballot. On December 24, 1941, the Regional Director, acting pursuant to said Rules and Regulations, issued and duly served upon the parties a Supplemental Election Report, reporting as follows concerning the balloting and its results : - Total on eligibility list------------------------------------- 124 Total ballots cast ----------------------------------------- i 101 Total ballots challenged----------------------------------- 2 Total blank ballots----------------------------------------- 0 Total alleged void ballots---------------------------------- 2 Total number of challenged ballots determined valid-------- 4 1 36 N L R B 132 2 37 N L R B 573 This does not include the two challenged ballots and the two alleged void ballots, men- tioned below , which were determined valid and were opened and counted. 38 N L R. 13, No. 107. 1 ' - 511 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number of votes cast for Upholsterers International Union of North America, Local 252, affiliated with A. F. L___ 51 Total number of votes cast for United Furniture Workers of America, Local 1651, affiliated with C. I. 0_______________ 51 Votes cast for no union ____________________________________ 3 No objections to the Supplemental Election Report were filed by any of the parties. Thereafter, Upholsterers International Union of North America, Local #252, affiliated with the American Federation of Labor, and United Furniture Workers of America, Local 1651, affiliated with the Congress of Industrial Organizations, requested the Board to conduct a run-off election. Since the Supplemental Election Report reveals that a substantial majority of the employees voting desire to bargain collectively through an exclusive representative, although neither of the compet- ing labor organizations received a majority of the votes cast, and since both labor organizations request a run-off election, we shall direct that a further election be held in which the eligible employees will be given,an oportunity to decide which of the two labor organ- izations they desire to represent them. DIRECTION OF RUN-OFF ELECTION 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 DIREOTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargain- ing with Tucker Duck & Rubber Co., Inc., Fort Smith, Arkansas, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Run-off Election, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sec- tion 9, of said Rules and Regulations, among the employees described in the Direction of Election issued October 15, 1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Upholsterers International Union of North America, Local #252, affiliated with the American Federation of Labor, or by United Furniture Workers of America, Local 1651, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision and Direction of Run-Off Election.