S. Karpen & Bros.

National Labor Relations Board - Board Decisions

Aug 26, 1940

26 N.L.R.B. 1394 (N.L.R.B. 1940)

In the Matter of S. KARPEN & BROS., A CORPORATION and UNITED
FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH
THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and FURNITURE,
WOODWORKERS & FINISHERS UNION, LOCAL 18-B, OF THE UPHOL-
STERERS INTERNATIONAL UNJON OF NORTH AMERICA, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-1842
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
August 26, 1940
On June 7, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
this proceedings.' On June 26, 1940, the Board issued an Amend-
ment to Direction of Elections.2
In its Decision and Direction of Elections and the Amendment
thereto, the Board, in accordance with a stipulation entered into by
all the parties to this proceeding, directed that separate elections by
secret ballot be conducted among those employees of S. Karpen &
Bros., herein called the Company, at,its Chicago, Illinois, plant who
fell within the groups described below:
(1) Among all employees in the transportation seating division,
including the welding, the machine shop, grinding and polishing, tool
and die, research and experiment, inspection, tackless assembly, final
assembly and finishing, excluding supervisory and clerical employees,
to determine whether they desire to be represented by United Furni-
ture Workers of America, Local 18-B, affiliated with the Congress of
Industrial Organizations, herein called the United, or by Transporta-
tion Seat Workers, Local Union No. 312 of the Upholsterers Inter-
national Union of North America, affiliated with the American
Federation of Labor, herein called Local Union No. 312, for the pur-
poses of collective bargaining, or by neither; and
(2) Among all employees of the woodworking department, includ-
ing the mill room, the trim room or glue room, the cabinet, the
I24N.L. R.B.474.
s 24 N . L. R. B. 479.
26 N. L. R. B., No. 129.
1394
S. KARPEN & BROS. ' 1395
carving, the lumber yard, and the finishing room, and the mainte-
nance men, including firemen, engineers, and, general maintenance
men, and, the spring manufacturing unit, excluding supervisory and
clerical employees, to determine whether they desire to be represented
by the United or by Furniture, Woodworkers & Finishers Union,
Local 18-B of the Upholsterers International Union of North Amer-
ica, affiliated with the American Federation of Labor,- herein called
the Upholsterers, for the purposes of collective bargaining, or by
neither.
The Board provided that, if one of the unions received the votes
of a majority of the employees in either group but not: in the other
group, the employees in such group would constitute an appropriate
bargaining unit and such union would be certified as - the exclusive
representative thereof. In the event that the same union received
the votes of a majority of the employees in both groups, the Board
.provided that both groups together would constitute a single appro-
priate unit and such union would be certified as the exclusive repre-
sentative thereof.
Pursuant to the Direction of Elections, as amended, elections by
secret ballot were conducted on July 1; 1940, under the Direction and
supervision of the Regional Director for the Thirteenth Region (Chi-
cago, Illinois). On July 13; 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:
As to the election among employees in the transportation seating .
division,
Total number ballots cast_________________________________ 128
Total number ballots cast for C. I. O_______________________ 26'
Total number ballots cast for Local 312____________________ 46
Total number ballots cast for neither----------------------- 25
Total number challenged ballots___________________________ 31
Total number void ballots ---------------------------------- 0
Total number blank ballots -------------------------------- 0
As to the election among employees in the woodworking.. department
Total number on eligible list____________________________207
Total number ballots cast ---------------------------------- 179
Total number cast for C. I. O_________________ 152
Total number cast for A. F. L_____________________________ 14
Total number cast for neither_____________________________ 10
Total number challenged ballots___________________________ 2
Total number void ballots________________________________ 1
Total number blank ballots_______________________________ 0
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 19, 1940 , the Company filed its Objections to the Election
Report. On August 12, 1940, the Regional Director issued and duly
served his Report on Objections to Election Report. The Board
thereafter considered the objections and reviewed the rulings of the
Regional ,Director. , . . .
In his Election . Report the Regional Director recommended that
the 31 challenges in the election -among .employees in the transporta-
tion seating division be sustained . All employees whose votes were
so challenged were employed in the upholstering department of the
transportation seating division . Although the Company objected to
the Regional Director 's recommendation , it does not contest the Re-
gional Director 's findings that prior to the election none of the names
of. the challenged voters were included on , the eligible list agreed on by,,
all. parties prior to the holding of the election , and that all parties were
of the understanding - that the employees in the upholstering depart-
ment were not to be so included . Upon the entire record in this pro-
ceeding, the Board finds that upholsterers were not eligible to vote in
the election among employees in the transportation seating division
and sustains the challenges . The objections are hereby overruled.
The results of the election among employees of the transportation
seating division show . that neither of the competing labor organiza-
tions received, , a majority of the valid votes cast. The majority of
eligible employees voting has, however , indicated a desire to bargain
collectively with the Company . On August 8, 1940 , the United and
Local Union No. 312 filed requests for a run-off election to be held
by the Board . In accordance with our decision in Matter of R. K.
LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Inde-.
pendent Employees Organization ,' the Board . will direct a run-off elec-
tion in which the eligible employees will be given the opportunity to
decide whether they desire to be represented by the United or by
Local Union No. 312 for the purposes of collective bargaining.
With respect to the election among employees in the woodworking
department, we find that the majority of employees concerned in this
election selected the United as exclusive bargaining agent. Pursuant
to our Decision and Direction of Elections , holding that our determina-
tion of the appropriate unit would depend upon the results of the elec-
tions, we shall defer such determination until the results of the run-off
election are ascertained.
SECOND DIRECTION OF ELECTION
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
1 22 N. L. R. B. 465.
S. KARPEN & BROS. 1397
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with S. Karpen & Bros., Chicago, Illinois, 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 of Election, under the
direction and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among employees in the transportation seating division,
described in the Direction of Elections issued June 7, 1940, but exclud-
ing upholsterers and those who have since quit or been discharged for
cause, to determine whether they "desire to be represented for the pur-
poses of collective bargaining by United Furniture Workers, Local
18-B, affiliated with the Congress of Industrial Organizations, or by
Transportation Seat Workers, Local Union No. 312 of the Uphol-
sterers International Union of North America, affiliated with the
American Federation of Labor.
MR. WILLIAM M. LEISERSON, concurring in part and dissenting
in part:
My views with respect to the run-off election herein directed are the
same as those expressed in my opinion in the R. K. LeBlond case.4
CHAIRMAN MADDEN, concurring in part and dissenting in part:
For the reasons stated in my opinion in the R. K. LeBlond case,' I
would have the run-off ballot provide for a vote for or against Local
Union No. 312, which received a plurality in the original election.
4 Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Independent Employees
Organization , 22 N. L. R. B. 465. See also my dissenting opinion in Matter of Coos Bay Lumber Company
and Lumber and Sawmill Workers Union, Local No. 2573, 16 N. L. R. B. 476.
5 See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Indepednent Em-
ployees. Organization , 22 N. L. R. B. 465.
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