Fenske Bros., Inc.

National Labor Relations Board - Board Decisions

Aug 26, 1940

26 N.L.R.B. 1391 (N.L.R.B. 1940)

In the Matter of FENSKE BROS., INC., and FURNITURE, WOODWORKERS
^L FINISHERS UNION, LOCAL 18-B, OF THE UPHOLSTERERS INTER-
NATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERI-
CAN FEDERATION OF LABOR, and UNITED FURNITURE WORKERS OF
AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS
Case No. R-1843
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 supervi-
sion 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, setting forth the results of the election.
On July 20, 1940, the Company filed Objections to the Election Re-
port. 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_ ______________________________ 79
Total number ballots cast_________________________________ 78
Total number ballots cast for A. F. of L_____________________ 37
Total number ballots cast for C. I. 0_______'________________ 14
Total number ballots cast for neither________________________ 26.
Total number challenged ballots ---------------------------- 0
Total number void ballots_________________________________ 1
Total number blank ballots --------------------------------- 0
1 24 N . L. R. B. 482.
26 N. L. R. B., No. 128.
1391
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Election Report reveals that neither of the competing labor
organizations received a majority of the votes cast, but that a sub-
stantial majority of the employees voting desired to be represented
by a labor organization for the purposes of collective bargaining.
On August 8, 1940, the Upholsterers and the United each filed a re-
quest for a run-off election. In accordance with our decision in
Matter of B. K. ' LeBlond Machine Tool Co., Cincinnati Electrical
Tool Co., and Independent Employees Organization,2 we shall direct a
run-off election in which the eligible employees will be given the
opportunity to decide whether they desire to be represented by the
Upholsterers or the United 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 Penske Bros., Inc., 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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the employees described in the Direction of Elec-
tion 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 Furniture, Woodworkers & Finishers Union, Local
18-B of the Upholsterers International Union of North America,
affiliated with the American Federation of Labor, or by United Furni-
ture Workers of America, Local 18-B, affiliated with the Congress of
Industrial Organizations, 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.'
822 N. L . R.B.465
3 Matter of R . K. LeBlond Machine Tool Co., Cincinnati Electrical Toot 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. 2573, 16 N. L. R. B. 476.
FENSKE BROS., INC. 1393
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
Upholsterers, which received a plurality in the original election.
4 See Matter of R. K, Le Blond Machine Tool Co., Cincinnati Electrical Toot Co., and Independent Employees
Organization , 22 N. L . R.. B. 465.