Tucker Duck & Rubber Co., Inc.

National Labor Relations Board - Board Decisions

Dec 13, 1941

37 N.L.R.B. 573 (N.L.R.B. 1941)

In the Matter of TUCKER DUCK & RUBBER CO., INC. and UPHOLSTERERS
INTERNATIONAL UNION OF NORTH AMERICA, LOCAL #252, AFFILIATED
WITH THE AMERICAN FEDERATIOI OF LABOR
Case No. 1Q-2976
SUPPLEMENTAL DECISION
AND
DIRECTION
December 13, 1911
On October 15, 1941, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.'
Pursuant to the Direction of Election, an election by secret ballot was
conducted on November 7, 1941, under the direction and supervision
of the Regional Director for the, Fifteenth Region (New Orleans,
Louisiana). On November 15, 1941, the Regional Director, acting pur-
suant 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, reporting as follows concerning
the balloting and its results :
Total on eligibility list------------------------------------- 124
Total ballots cast------------------ --______----__ 2101
Total ballots challenged----------------------------------- 32
Total blank ballots---------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes counted--------------------------------- 101
Votes cast for Upholsterers International Union of North
America, Local 252, AFL-------------------------------- 49
Votes cast for United Furniture Workers of America, Local
1650, CIO----------------------------------------------- 49
Votes cast for no union------------------------------------ 3
The ballots of Clyde Cordell and Lloyd Freeman, who are in the
active military service or training of the United States, were not re-
136 N. L. R B. 132.
2 This does not include the ballots of Clyde Cordell and Lloyd Freeman, who were in
-the active military service or training of the United States and whose ballots were not
tabulated by the Regional Director, or the ballots of Carl Ililam and Henry 'L Garretson,
whose ballots were challenged at the election.
3 This does not include the ballots of Cordell and Freeman mentioned above.
37 N. L. R. B., No. 98.
573
574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
turned to the Regional Director in sufficient time to have them avail-
able at the opening of the ballot box and the counting of the other bal-
lots on November 7, 1941. They remain in the possession of the Re-
gional Director , unopened and uncounted . The Regional Director
recommended in his Election Report that these two ballots be declared
valid and counted. None of the parties has objected to this recom-
mendation.
With respect to the two ballots challenged at the election on Novem-
ber 7 , 1941 , the Regional Director reported that they were cast by
Carl Milani and Henry L. Garretson. Milain is employed as assistant
to the head shipping clerk of the Company , his duties being to address
and tag shipments , fill orders , and drive a truck. Garretson, chal-
lenged because his name did not appear on the seniority list,' had
left Fort Smith , Arkansas , on learning that no work was available
for him at the Company's plant . On October 17, 1941, the Company
had a job available but was unable to locate him. He returned to
Fort Smith on November 5, 1941, but his name was removed from
the seniority list on November 6, 1941. The Regional Director recom-
mended in his Election Report that the challenges be overruled and
that the ballots of these two employees also be declared valid and
counted. None of the parties has objected to the recommendation
with respect to Garretson.
United Furniture Workers of America, Local 1651 , affiliated with
the Congress of Industrial Organizations , filed with the Regional
Director its objections to the recommendation that the ballot of
Carl Milam be counted . On November 26, 1941, the Regional Direc-
tor issued his Report on Objections , in which he found that Milani
spends about 10 percent of his time in writing shipping tags, his
only clerical work, and 90 percent of his time in assembling orders,
packing them for shipment , and driving a truck.
We find that the ballots of Cordell and Freeman were duly received
and are valid . We further find that Milani and Garretson were
eligible to vote and that their ballots are valid . We shall therefore
direct that the Regional Director open and count the ballots of the
four named individuals and issue a Supplemental Election Report.
DIRECTION
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
6 The Board's Direction of Election directed that persons whose names appeared on the
revised seniority list dated April 26, 1941, who had not declined an offer of' employment
by the company, were eligible to vote.
TUCKER DUCK & RUBBER Co., INC. 575
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 Tucker Duck & Rubber Co., Inc., Fort.Smith, Arkansas, the
Regional Director for the Fifteenth Region shall, pursuant to said
Rules and Regulations, and subject to Article III, Section 9, thereof,
within ten (10) days from the date of this Direction open and
count the ballots of Clyde Cordell, Lloyd Freeman, Carl Milam, and
Henry L. Garretson herein declared valid, and shall thereafter pre-
pare and cause to be served upon the parties to these proceedings a
Supplemental Election Report, embodying therein his findings and
recommendations as to the results of the ballot.
Mn. GERARD D. REILLY took no part in the consideration of the above
Supplemental Decision and Direction: