Showers Brothers Co., Inc.

National Labor Relations Board - Board Decisions

Sep 23, 1939

15 N.L.R.B. 632 (N.L.R.B. 1939)

In the Matter Of SHOWERS BROTHERS COMPANY, INC. al d NATIONAL
FIIRNITIIRE WORKERS LOCAL No. 1, OF THE UPHOLSTERERS INTERNA-
TIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Case No. R-137
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 23, 1939
On July 22, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled case. ' The Direction of Election directed that an election
by secret ballot be conducted within 15 days from the date of the
Direction among all employees of Showers Brothers Furniture Com-
pany, Inc., at its Bloomington, Ind iana; : plants,> employed-during the
pay-roll period next preceding the date of the issuance of the Direc-
tion of Election, including employees who did not work during such
period because they were temporarily laid off, ill, or on vacation, but
excluding foremen; salaried and office employees, and employees who
had since quit or been discharged for cause, to determine whether
they desired ,to be represented by, National Furniture Workers, Local
No. 1, of the Upholsterers International Union of North America;
affiliated with the American Federation of Labor, by United Furni-.
ture Workers, Local Industrial Union No. 496, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.
Pursuant to the Direction, an election by secret . ballot-.was con-
ducted on August 4, 1939, at Bloomington, Indiana, under the, direc-
tion and supervision of the Regional Director for the Eleventh
Region (Indianapolis, Indiana). On August 7, 1939, the said Re-
gional Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, issued and
113 N. L. R. B. 829.
15 N. L. R. B., No. 65.
632
SHOWERS -BROTHERS C011IPANY, INC. 633
served upon -the parties an.Election Report ;in Which he, made the
following findings with respect to the results of the election :
-Total Number of Employees Alleged Eligible to Vote -------- '828
Total Number of Votes Cast ---------------------- ------- .721
Total Number of Valid Votes Cast_________________________ 715
Total Number of Votes for the National Furniture Workers,
Local No. 1, of the Upholsterers International Union of
North America, affiliated with the A. F. of L_____________ 250
Total Number -of Votes for the United Furniture Workers,
Local Industrial Union No. 496, affiliated with the C. I. O__ 451
Total Number of Votes for neither organization ------------ 14
Total Number of Blank Ballots -------------- --------------- . 0
Total Number of Void Ballots_____________________________ 0
Total Number of Challenged Ballots_______________________ 6
With respect to the six challenged ballots, the Regional Director
made no ruling and they were not counted.
-.On. August 12, 1939, National Furniture Workers, Local No. 1,
herein referred to as the National, filed with the Regional Director
its Objections to the Conduct of the Secret Ballot and Election Re-
port. On August 17, 1939, the Company and the United Furniture
Workers, Local Industrial Union No. 496, herein called. the United,
filed separate answers to the aforesaid objections. The Acting Re-
gional Director investigated the matters contained in the Objections
and on August 30, 1939, issued and duly served upon the parties
his Report on the Objections.
Tho Objections fall into three categories: first, that ineligible per-
sons were permitted to vote; second, that the. ballot was not fairly
conducted because representatives of the United and a representative
`"of`tlie,Conipany were permitted to approach the polling place during
voting hours; and third, that the Board in its Decision failed to pass
upon the status of the closed-shop agreement between the United and
the Company.2 The National contends that after the renewal date
of the above-mentioned agreement, that is, March 10, 1939, the Com-
pany and the United had deprived employees of employment for the
reason that they had engaged in activity on behalf of the National
after March 10, 1939.
The National contends that 150 persons were permitted to vote
although they were permanently laid off. The Acting Regional
Director has reported that these persons were temporarily laid off and
are still carried on the pay roll of the Company. The National also
contends that 14 employees were improperly added to the eligibility
list over the protest.of representatives of the National. The Acting
Regional Director reports that both unions agreed im writing, on, the
2 The Board stated : "We find it unnecessary to pass upon the question whether or not
the closed -shop agreement between the United and the Company was renewed."
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,late of -the election, that employees who had been given leaves of
absence should be eligible to vote unless they had notified 'the Com-
pany that they- would not return to work when needed and that the
14 here involved are persons who had been given leaves of absence.
The second group of objections, relating to improper activity at
or near the polls, has been investigated by the Acting Regional Direc-
tor, and. he has reported that there is no merit to these objections.
The third claim of the National, that some of its adherents were
either discharged or intimidated. because of the-actions taken by the
Company and -the United under the agreement previously entered
into by those parties, is untimely. - At the time of the hearing in this
case, which occurred April 20, 21, and 22, 1939, the acts of which the
National now complains had already occurred. However, the _ Na-
tional made-no. suggestion that an election be postponed pending' an
investigation. of alleged unfair labor practices. On the contrary, the
National was the petitioner in this case and up until the present has
asked for an early election.
We have considered the objections of the National, the answers of
the Company and the United, and the Report of the Acting Regional
Director on the objections, and, find that the objections of the -National
raise no substantial or material question with regard to the election:
The objections to the election are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
.
By virtue- of and pursuant to the .power vested -in the National
Labor Relations Board by Section 9 (c) of the National Labor -Rela-
tions 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, Local Indus-
trial Union No. 496, affiliated with the Congress of Industrial Organi-
zations, has been selected by a majority of the employees of Showers
Brothers Company, Inc., Bloomington, Indiana, at its Bloomington.
Indiana, plants, exclusive of foremen and. salaried and office employees,
as their representative for the purposes of collective bargaining, and
that pursuant to the provisions of Section 9 (a) of the, National Labor
Relations Act, United Furniture Workers,. Local Industrial Union
No. 496, affiliated with the Congress of Industrial Organizations,. is
the exclusive, representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em
ployment, and other conditions of employment. -