Indiana Desk Co., Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1946

71 N.L.R.B. 486 (N.L.R.B. 1946)

In the Matter Of INDIANA DESK COMPANY , INC.. EMPLOYER and
UNITED FURNITURE WORKERS OF AMERICA, LOCAL No. 331, CIO,
PETITIONER
Case No. 11-R-1064
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
October 30, 1946
On July 31, 1946, the Board issued a Decision and Direction of
Election in the instant case.' Thereafter, on August 12, 1946, the
Furniture and Veneer Workers Local Union No. 331, Upholsterers'
International Union of North America, AFL, herein called the Up-
holsterers, filed a motion seeking the substitution in this proceeding
of its name for that of United Furniture Workers of America, Local
No. 331, CIO, herein called the Petitioner, on the, grounds of alleged
disaffiliation of the membership of the Petitioner and the subsequent
affiliation of such membership with the Upholsterers. The Petitioner
filed objections thereto and on August 19, 1946, filed a motion to
postpone the election herein. Subsequently, on August 28, 1946, the
Board ordered that the record in this proceeding be reopened and, that
a further hearing be held to secure evidence regarding the matter
alleged in the Upholsterers' motion; in addition the Board directed
that the holding of the election be postponed until "such time as
[it]..may hereaftexdireet."
At the hearing thereafter held at Jasper, Indiana, on September
19, 1946, before Arthur G. Donovan, hearing officer, the Upholsterers
stated that it had no objection to the name of the Petitioner appear-
ing on the ballot, and amended its motion to request only that the
name of the Upholsterers also be placed on the ballot. The Petitioner
thereupon withdrew its objections to the Upholsterers' motion is
amended. In addition, the Petitioner and the Upholsterers agreed
that eligibility to vote should be determined from the pay roll for
the period immediately preceding the date of the Second Direction
' 69 N L . R. B 1083.
71 N. L. R. B., No. 74.
486
INDIANA DESK COMPANY, INC. 487
of Election herein. The Employer took no position with respect to
the names of the labor organizations to appear on the ballot, but
agreed as to the selection of a current eligibility date.
In view of the foregoing and on the entire record in the case, we
shall direct that the names of both the Petitioner and the Up-
holsterers, a labor organization within the meaning of the Act, be
placed on the ballot in the election hereinafter directed and that the
eligibility of employees to vote be determined from the pay roll for
the period immediately preceding the date of the Second Direction
of Election.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Indiana Desk Company, Inc.,
Jasper, Indiana, an election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from the date of
this Second Direction, under the direction and supervision of the Re-
gional Director for the Eleventh Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National LaborRelations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, of the Decision and Direction of Election who were em-
ployed during the pay-roll period immediately preceding the date of
this Second Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by United Furni-
ture Workers of America, Local No. 331, CIO, or by Furniture and
Veneer Workers Local Union No. 331, Upholsterers' International
Union of North America, AFL, for the purposes of collective bargain-,
ing, or by neither.
MR. JAMES J. REYNOLDS, Jr., took no part in the consideration of the
above Supplemental Decision and Second Direction of Election.