Menasha Wooden Ware Corp.

National Labor Relations Board - Board Decisions

May 8, 1943

49 N.L.R.B. 633 (N.L.R.B. 1943)

In the Matter of MENASHA WOODEN WARE CORPORATION and UNITED
FURNITURE WORKERS OF AMERICA, LOCAL 707 (C. I. 0. )
Case No. R-4957
SUPPLEMENTAL DECISION
AND
DIRECTION
May 8,1943.
On March 20, 1943, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding." Pursuant to the Direction of Election, an
election by secret ballot was conducted on April 13, 1943, under the
direction and supervision of the Regional Director for the Thirteenth
Region (Chicago, Illinois). On April 16, 1943, the Regional Direc-
tor, acting pursuant to Article III, Section 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
an Election Report, copies of which were duly served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Approximate number of eligible voters--------------------- 116
Total ballots cast---------------------------------------- 79
Total ballots challenged------ ---------------------------- 2
Total void ballots---------------------------------------- 1
Total valid votes counted--------------------------------- 76
Votes cast for Local 707, United Furniture Workers of
America, C. I. 0----------------------- ----------------- 31
Votes cast for Furniture and Woodworkers Union, Local
330, Upholsterers' International Union of North America,
A. F. of L----------------------------------- I--------- 38
Votes cast for neither------------------------------------ - 7
No objections to the conduct of the election or to the Election Report
have been filed by any of the parties.
In view of the fact that the counting of the challenged ballots was
essential to determine the results of the election, the Regional Director
1 48 N. L. R B. 345.
49 N. L. R. B., No. 92.
633
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
investigated the validity of the two challenged ballots and reported
his findings and recommendations with respect to each of them.
Hjalmar Carlson was challenged by Local 707, United Furniture
Workers of America, since his name did not appear' on the list of
eligible voters. He was employed as a production worker for some
time prior to March 12, 1943, and he worked on that date. He did
not report to work on March 13, 1943, to April 5, 1943, inclusive, but
returned on April 6, 1943, and is still employed by the Company. The
Regional director reported that Carlson was absent because of illness.
He was carried on the books of The Company until his return to work
on April 6,1943, and he was not required to make out a new application
when he returned. The Regional Director recommended that the,
challenge to Carlson's ballot be overruled. None of the parties ob-
jected to this recommendation. We agree with the Regional Direc-
tor's recommendation and find that Carlson was entitled to vote. We
shall therefore order his ballot counted.
Nina Rasmussen was challenged by Furniture and Woodworkers
Union, Local 330, Upholsterers' International Union of North Amer-
ica, A. F. of L. She was employed by the Company as a production
worker for some time prior to January 16, 1943, and she worked on
January 16, 1943. Her name did not appear on the list of eligible
voters. She did not work from January 17, 1943, to January 24,
1943,, inclusive. On January 25, 1943, Rasmussen returned to work
and worked regularly through March 2. However, she has not been
to work since March 2, 1943. The Regional Director reported that
she was absent because of illness but that she would return. She
has been carried on the Company pay roll and the Company con-
siders Rasmussen as being on a' leave of absence because of illness.
We agree with the Regional Director's recommendation, to which no
objection was made, and find that Rasmussen was entitled to vote.
We shall therefore order her vote counted..
For reasons indicated above, we conclude and find that Hjalniar
Carlson and Nina Rasmussen were eligible to vote in the election, and
their ballots are hereby declared valid. Since the results of the
election may depend on the counting of the two challenged ballots
declared valid, we shall direct that they be opened and 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 Re-
lations Act, and pursuant to Article III, Sections 9 and 10, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
MENASHA WOODEN WARE CORPORATION 635
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Menasha Wooden Ware Corporation, Rockford, Illinois, the
Regional Director for the Thirteenth Region shall, pursuant to-the
Rules and Regulations of the Board, set forth above, and subject to
Article III, Section 10, of said Rules and Regulations, within ten
(10) days from the date of this Direction, open and count the bal-
lots of Hjalmar Carlson and Nina Rasmussen, and thereafter pre-
pare and cause to be served upon the parties in this proceeding a
Supplemental Election Report embodying therein his findings and
recommendations as to the result of the balloting.