Fenske Bros., Inc.

National Labor Relations Board - Board Decisions

Jan 31, 1941

29 N.L.R.B. 296 (N.L.R.B. 1941)

1, i
In the Matter of FENSB.E BROS., INC. and FURNITURE, WOODWORKERS
& FINISHERS UNION, LOCAL 18-B, OF THE UPHOLSTERERS INTER-
NATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR and UNITED FURNITURE WORKERS
OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUS-'
TRIAL ORGANIZATIONS
Case No. R-1813
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
January 31, 1941
On August 26, 1940, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision and Second Direc-
tion of Election,' and on September 19, 1940, an amendment 2 thereto,
in this proceeding. Pursuant to 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 Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list 3_____________________________________ __
Total ballots cast_______________________________ ___ 70
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 ---------------------------------------------------- 2
Total ballots cast for United Furniture Workers of America,
Local 18-B, affiliated with the Congress of Industrial
Organizations --------------------------------------------- 24
1 26 N 'L. R B 1391.
2 27 N. L. R. B. 333.
8 The total number on the eligibility list in the first election conducted on July 1, 1940,
was 79. The Company, although requested by the Regional Director, refused to supply
a revised list of eligible employees and to participate in making the arrangements for the
election and its conduct.
29 N. L. R. B., No. 57.
296
FENSKE BROS., INC. 297
Total ballots challenged----------------------------------- _ 0
Total void ballots___________________________________________ 1
Total blank ballots________________________________________ 3
On October 22, 1940, the Company filed Objections to Election Re-
port. 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
Board should have afforded the employees an opportunity in the run-
off election of voting that they desired neither of the contesting labor
organizations to represent them. We have already considered and
disposed of similar objections advanced on the same grounds in our
Supplemental Decision and Second Direction of Election and find
that the objections raise no substantial and material issues with re-
spect to the conduct of the election. The objections are hereby
overruled. -
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 Re-
lations 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 Furniture, Woodworkers & Finishers
Union, Local 18-B, 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 Fenske
Bros., Inc., at its Chicago, Illinois, plant, who work in the mill and
cabinet department, finishers, maintenance men, yard employees,
spring makers, filling material picker, and employees in the shipping,
packing, and crating activities, excluding clerical and supervisory
employees, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, Furniture,
Woodworkers & Finishers Union, Local 18-B, of The Upholsterers
Union of North America, affiliated with the American Federation of
Labor, 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.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Second Supplemental Decision and Certification of Representa-
tives.