Emil J. Paidar Co.

National Labor Relations Board - Board Decisions

Aug 26, 1940

26 N.L.R.B. 1486 (N.L.R.B. 1940)

In the Matter of EMIL J..PAIDAR 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-1846
SUPPLEMENTAL DECISION
AND
ORDER
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 2, 1940, under the direction and super-
vision of the Regional Director for the Thirteenth Region (Chicago,
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.
On July 20, 1940, the Company filed Objections to Election Report,
and thereafter filed four affidavits in support thereof. On August 8,
1940, the United and the Upholsterers each filed a request for a run-
off election. On August 12, 1940, the Regional Director issued and
duly served his Report on Objections to Election Report.
As to the balloting and its results, the Regional Director reported
as follows:
Total Number on Eligibility List_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 91
Total Number Ballots Cast_____________________________ 88
Total Number Ballots Cast for A. F. of L---- ------------ 23
Total Number Ballots Cast for C. I. 0--- -------- -------- 21
Total Number Ballots Cast for Neither__ 32
Total Number Challenged Ballots_______________________ 12
Total Number Void Ballots ----------------------------- 0
Total Number Blank Ballots____________________________ 0
1 24 N. L. R. B. 502.
26 N. L. R. B., No. 134.
1486
EMIL J. PAIDAR COMPANY 1487
The 12 challenged ballots were those of employees challenged by
the United as supervisory employees and therefore as ineligible to
vote. The Regional Director, in his Election Report, recommended
that five of the challenges be overruled, and that seven of the chal-
lenges be sustained. Neither of the unions involved objected to this
recommendation. The Company asserted that these seven challenges
should also have been overruled. With respect to three of these seven
persons, the Company has adduced no proof in support of its objec-
tions. We find that with respect to these three employees, the Com-
pany's objections do not raise substantial issues as to the conduct of
the ballot or the Election Report. With respect to the remaining
four persons, the Company has submitted affidavits by them. The
affidavit of Walter Wolf, one. of these four, shows that he has au-
thority to recommend hiring and discharging. He is clearly a super-
visory employee, properly excluded from the election. We find that
with respect to Wolf, the Company's objections do not raise sub-
stantial issues as to the conduct of the ballot or the Election Report.
Without regard to the eligibility of the remaining three a#fiants and
the five challenged employees, whom the Regional Director would
permit to vote, and without regard to how they voted if eligible,
"neither" obtained a plurality. In view of the separate opinions ex-
pressed by the members of the Board in the Delco-Remy Division
case,' the Board dismisses the petition where a plurality of the valid
ballots is cast for "neither." We therefore need not determine
whether these eight employees are eligible, and we shall dismiss the
petition.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, the National Labor Relations Board hereby orders that the
petition for investigation and certification of representatives of em-
ployees of Emil J. Paidar Company, Chicago, Illinois, filed herein
be, and it hereby is, dismissed.
2 Matter of General Motors Corporation (Delco-Remy Division ) and International Union, U. A. W. A., et
at., 25 N . L. R. B. 258; see also Matter of Olin Corporation, Liberty Powder Company Division and United
Explosive Workers of America , Local No. 1, Independent Labor Organization , 25 N. L. R. B. 278; Matter of
Dreamland Bedding & Upholstery Co., et at. and United Furniture Workers of America, C. I. 0., #262, Fur-
niture Workers Union #1541, A. F. of L., 25 N. L. R. B. 26.