Tucker Duck & Rubber Co., Inc.

National Labor Relations Board - Board Decisions

Jan 24, 1942

38 N.L.R.B. 511 (N.L.R.B. 1942)

In the Matter of TUCKER DUCK & RUBBER Co., INC. and UrlioL-
STERERS INTERNATIONAL. UNION OF NORTH AMERICA, LOCAL #252,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-2976
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
January 24, 1942
On October 15, 1941, the National Labor Relations Board, herein
called the 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 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. On December 13, 1941, the Board issued a Supple-
mental Decision and Direction,2 in which it directed that the Regional
Director open and. count certain ballots therein declared valid and
thereafter prepare a Supplemental Election Report embodying his
findings and recommendations as to the results of the ballot. On
December 24, 1941, the Regional Director, acting pursuant to said
Rules and Regulations, issued and duly served upon the parties a
Supplemental Election Report, reporting as follows concerning the
balloting and its results : -
Total on eligibility list------------------------------------- 124
Total ballots cast ----------------------------------------- i 101
Total ballots challenged----------------------------------- 2
Total blank ballots----------------------------------------- 0
Total alleged void ballots---------------------------------- 2
Total number of challenged ballots determined valid-------- 4
1 36 N L R B 132
2 37 N L R B 573
This does not include the two challenged ballots and the two alleged void ballots, men-
tioned below , which were determined valid and were opened and counted.
38 N L R. 13, No. 107.
1 ' - 511
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes cast for Upholsterers International
Union of North America, Local 252, affiliated with A. F. L___ 51
Total number of votes cast for United Furniture Workers
of America, Local 1651, affiliated with C. I. 0_______________ 51
Votes cast for no union____________________________________ 3
No objections to the Supplemental Election Report were filed by
any of the parties. Thereafter, Upholsterers International Union of
North America, Local #252, affiliated with the American Federation
of Labor, and United Furniture Workers of America, Local 1651,
affiliated with the Congress of Industrial Organizations, requested
the Board to conduct a run-off election.
Since the Supplemental Election Report reveals that a substantial
majority of the employees voting desire to bargain collectively
through an exclusive representative, although neither of the compet-
ing labor organizations received a majority of the votes cast, and
since both labor organizations request a run-off election, we shall
direct that a further election be held in which the eligible employees
will be given,an oportunity to decide which of the two labor organ-
izations they desire to represent them.
DIRECTION OF RUN-OFF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, it is hereby
DIREOTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargain-
ing with Tucker Duck & Rubber Co., Inc., Fort Smith, Arkansas, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction of
Run-off Election, under the direction and supervision of the Regional
Director for the Fifteenth Region, acting in this matter as agent for
the National Labor Relations Board and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among the employees described
in the Direction of Election issued October 15, 1941, but excluding
those who have since quit or been discharged for cause, to determine
whether they desire to be represented by Upholsterers International
Union of North America, Local #252, affiliated with the American
Federation of Labor, or by United Furniture Workers of America,
Local 1651, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Direction of Run-Off Election.