S. Karpen & Bros.

National Labor Relations Board - Board Decisions

Oct 19, 1939

16 N.L.R.B. 195 (N.L.R.B. 1939)

In the Matter of S . KARPEN & BROS. and UNITED FURNITURE WORKERS
OF AMERICA, LOCAL No. 576, C. I. O.
Case No. R-1310
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 19, 1939
On September 22, 1939, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision and Second Direc-
tion of Election in the above-entitled case.' The Second Direction of
Election provided that an election by secret ballot be conducted among
all the employees in the spring, mattress, and upholstering depart-
ments of S. Karpen & Bros., Huntington Park, California, who were
eligible to vote in the election of August 24, 1939, which was held
pursuant to a Decision and Direction of Elections in the above-
entitled case,2 excluding those who had since quit or been discharged,
to determine whether or not they desired to be represented by United
Furniture Workers of America, Local No. 576 for the purposes of
collective bargaining.
Pursuant to the Second Direction of Election, an election by secret
ballot was conducted on October 5, 1939, under the direction and
supervision of the Regional Director for the Twenty-first Region (Los
Angeles, California). On October 6,1939, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, issued and duly served upon
the parties an Election Report on the election. No objections to the
conduct of the ballot or to the Election Report have been filed by any
of the parties.
As to the results of the secret ballot, the Regional Director reported
as follows :
1 15 N . L. R. B. 594.
214 N. L. R. B. 465.
16 N. L. R. B., No. 27.
195
196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Total number eligible------------------------------------- 65
2. Total number of ballots cast------------------------------ 59
3. Total number of valid ballots cast------------------------ 56
4. Total number of votes for United Furniture Workers of
America, Local No. 576, C. I. 0--------------------------- 14
5. Total number of votes against United Furniture Workers
of America, Local No. 576, C. I. 0------------------------- 42
6. Total number of challenged ballots ------------------------ 2
7. Total number of blank ballots ----------------------------- 0
8. Total number of void ballots______________________________ 1
In our Decision and Direction of Elections herein, we directed
elections among the employees in the woodworking and finishing de-
partments and in the trucking and shipping departments of the
Company in addition to the election among the employees in the
spring, mattress, and upholstering departments. We reported in our
Supplemental Decision and Second Direction of Election that a major-
ity of the employees in the woodworking and finishing departments
and a majority of the employees in the trucking and shipping de-
partments had cast their ballots for United Furniture Workers of
America, Local 576. We withheld certification, nevertheless, pending
the outcome of the run-off election among the employees in the spring,
mattress, and upholstering departments, since we had said, "If Local
576 should win two or three of the election units we shall combine
those units in which it has been successful and certify Local 576 as
exclusive representative thereof." With the results of this run-off
election, we can now issue our certification of United Furniture
Workers of America, Local No. 576 as the exclusive representative
of the employees of the company in its woodworking, finishing, truck-
ing, and shipping departments.
Upon the basis of the entire record in the case, the Board makes the
following :
SUPPLEMENTAL FINDING OF FACT
We find that the employees in the woodworking, finishing, trucking,
and shipping departments of S. Karpen & Bros., at its plant in Hunt-
ington Park, California, excluding supervisory employees, constitute
a unit appropriate for the purpose of collective bargaining and that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
SUPPLEMENTAL CONCLUSION OF LAW
The employees in the woodworking, finishing, trucking, and ship-
ping, departments of S. Karpen & Bros., at its plant in Huntington
Park, California, excluding supervisory employees, constitute a unit
S. KARPEN & BROS. 197
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the Board by
Section 9 (c) of the National Labor Relations Act and pursuant to
Article III, Sections 8 and 9, of National Labor Relations Board Rules
and Regulations--Series 2,
IT IS HEREBY CERTIFIED that United Furniture Workers of America,
Local 576, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of the employees in
the woodworking, finishing, trucking, and shipping departments of
S. Karpen & Bros., at its plant in Huntington Park, California, ex-
cluding supervisory employees as their representative for the pur-
poses of collective bargaining and that, pursuant to Section 9 (a)
of the National Labor Relations Act, United Furniture Workers
of America, Local 576, affiliated with the Congress of Industrial
Organizations, is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of
pay, wages, hours of employment, and other conditions of employment.