Butler Specialty Co.

National Labor Relations Board - Board Decisions

Aug 26, 1940

26 N.L.R.B. 1388 (N.L.R.B. 1940)

In the Matter of BUTLER SPECIALTY COMPANY, A CORPORATION, and
UNITED FURNITURE- WORKERS OF AMERICA, LOCAL 18-B, AFFILI-
ATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and
FURNITURE, WOODWORKERS & FINISHERS. UNION, LOCAL 18-B, OF
THE UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-1847
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 Election in this pro-
ceeding.' Pursuant to the Direction of Election, an election. by
secret ballot was 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, prepared and duly
served upon the parties an Election Report, setting. forth the results
of the election. On July 20, 1940, the Company filed 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 has considered the objections of the Company and finds
that they do not raise substantial or material issues with respect to
the conduct of the ballot or the Election Report. The objections are
hereby overruled.
As to the results of the balloting, the Regional Director reported
as follows:
Total number on eligible list ------------------------------ 203
Total number ballots cast -------------------------------- 172
Total number ballots cast for A. F. L______________________ 20
Total number ballots cast for C. I. 0______________________ 80
Total number ballots cast for neither---------------------- 72
Total number challenged ballots___________________________ 0
Total number void ballots________________________________ 0
Total number blank ballots _______________________________ 0
1 24 N. L. R. B. 497
26 N. L. R. B., No. 127
1388
BUTTER SPECIALTY COMPANY 1389
The Election Report reveals that neither of the competing labor or-
ganizations received a majority of the votes cast, but that a substan-
tial majority of the employees voting desired to be represented 'by a
labor organization for the purposes of collective bargaining.- On
August 8, 1940, the United and the Upholsterers each filed a request
for a run-off election. In accordance with our decision in Matter of
R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and
Independent Employees Organizations,' we shall 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 the Up-
holsterers for the purposes of collective bargaining.
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 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
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Butler Specialty Company, 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 Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among the employees described in the Direc-
tion of Election issued June 7, 1940, but excluding those who have
since quit or been discharged for cause, to determine whether they
desire to be represented by United Furniture Workers of America,
Local 18-B, affiliated with the Congress of'Industrial Organizations,
or by Furniture, Woodworkers & Finishers Union, Local 18-B of the
Upholsterers International Union of North America, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining.
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. 3
3 22 N. L. R. B. 465.
3 Matter of R. K. LeBlond Machine Too! 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. 2673, 16 N. L. R. B. 476. -
.1390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CHAIRMAN MADDEN, concurring in part and dissenting in part:
For the reasons stated in my opinion in the R. K. LeBlond case,4 I
would. have the run-off ballot provide for a vote for or against the
United which received a plurality in the original election.
4 See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Independent Employees
organization , 22 N. L . BR: B. 465.