38 N.L.R.B. 113 (N.L.R.B. 1942)

Schultz & Hirsch Co.

National Labor Relations Board - Board DecisionsJan 9, 1942

38 N.L.R.B. 113 (N.L.R.B. 1942)

In the Matter of SCHULTZ & HIRSCH COMPANY and LOCAL 185, MATTRESS, SPRING AND BEDDING WORKERS UNION OF UPHOLSTERERS INTERNA- TIONAL UNION OF NORTH AMERICA, (AFL) Case No. R-3419.-Decided January 9, 194 Practice and Procedure: petition dismissed where results of an election, held, pursuant to a stipulation for certification upon consent election, show that no representative has been selected by a majority-of the employees in the appro- priate unit. Mr. R. E. Reichelt, of Chicago , Ill., for the Company. Mr. Richard Bandler, of Chicago, Ill., for the Union. Mr. Raymond J. Heilman, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On September 17, 1941, Local 185, Mattress, Spring and Bedding Workers Union of Upholsterers International Union of North Amer- ica, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chi- cago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Schultz & Hirsch Company, herein called the Company, engaged in the manu- facture of mattresses, box springs, and other bedding equipment at Chicago, Illinois, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On October 16, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On November 28, 1941, the Board, the Company, and the 38 N. L. R. B., No. 25. 113 488881-42-vol. 38-9 114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union entered into a "STIPULATION FOR CERTIFICATION or REPRESENTA- TIVES UPON CONSENT EtECTION." Pursuant to the Stipulation, an election was conducted on December 10, 1941, under the direction and supervision of the Regional Direc- tor, among all production, maintenance, warehouse, shipping-room, and platform employees, including watchmen and excluding a resi- dent watchman, namely, Frank Drew, and excluding all "chasers," namely, Anthony Uradnik and Ernest Novak, and excluding a part- time janitress, namely, Verna Stenson, and excluding all supervisory employees and foremen, namely, Maurice Bjork, Fred Brunst, Frank Novak, Arthur Brunst, Joe Doroga, John Lampignano, Philip Math, and Charles Fuchs, and excluding a winter fireman, namely, Burt Harris, and excluding all truck drivers, sales and office and clerical employees, to determine whether said employees desired to be repre- sented for the purposes of collective bargaining by the Union. On December 16, 1941, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties.' As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list--------------------------------------- 79 Total ballots cast---------------------------- ------ 76 Total ballots challenged-------------------------------------- 0 Total blank ballots----------------------------------------- 0 Total void ballots------------------------------------------- 1 Total valid votes cast--------------------------------------- 75 Votes cast for Local 185, Mattress, Spring and Bedding Work- ers Union of Upholsterers International Union of North Amer- ica, (AFL) ----------------------------------------------- 35 Votes cast against Local 185, Mattress, Spring and Bedding Workers Union of Upholsterers International Union of North America, (AFL) ------------------------------------------ 40 The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees in the ap- propriate unit. The petition of Local 185, Mattress, Spring and Bed- ding Workers Union of Upholsterers International Union of North America, affiliated with the American Federation of Labor, for inves- tigation and certification of representatives of employees of Schultz & Hirsch Company, Chicago, Illinois, will therefore be dismissed. Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : 1 A protest of the election was filed on behalf of the Union, but was subsequently withdrawn. SCHULTZ & HIRSCH COMPANY FINDINGS OF FACT 115 1, A question affecting commerce has arisen concerning the repre- sentation of employees of Schlutz & Hirsch Company, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production, maintenance, warehouse, slipping-room, and plat- form employees, including watchmen and excluding a resident watch- man, namely, Frank Drew, and excluding all "chasers," namely, An- thony Uradnik and Ernest Novak, and excluding a part-time janitress, namely, Verna Stenson, and excluding all supervisory employees and foremen, namely, Maurice Bjork, Fred Brunst, Frank Novak, Arthur Brunst, Joe Doroga, John Lampignano, Philip Math, and Charles Fuchs, and excluding a winter fireman, namely, Burt Harris, and ex- cluding all truck drivers, sales and office and clerical employees, con- stitute a unit for the purposes of collective bargaining within the meaning of Section 9 (b). of the Act. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, it is hereby ordered that the petition for investigation and certifica- tion of representatives of employees of Schulz & Hirsch Company, Chicago, Illinois, filed by Local 185; Mattress, Spring and Bedding Workers Union of Upholsterers International Union of North Amer- ica, affiliated with the American Federation of Labor, be, and it is hereby, dismissed.