Indiana Desk Co., Inc.

National Labor Relations Board - Board DecisionsOct 30, 1946

71 N.L.R.B. 486 (N.L.R.B. 1946)

In the Matter Of INDIANA DESK COMPANY , INC.. EMPLOYER and UNITED FURNITURE WORKERS OF AMERICA, LOCAL No. 331, CIO, PETITIONER Case No. 11-R-1064 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION October 30, 1946 On July 31, 1946, the Board issued a Decision and Direction of Election in the instant case.' Thereafter, on August 12, 1946, the Furniture and Veneer Workers Local Union No. 331, Upholsterers' International Union of North America, AFL, herein called the Up- holsterers, filed a motion seeking the substitution in this proceeding of its name for that of United Furniture Workers of America, Local No. 331, CIO, herein called the Petitioner, on the, grounds of alleged disaffiliation of the membership of the Petitioner and the subsequent affiliation of such membership with the Upholsterers. The Petitioner filed objections thereto and on August 19, 1946, filed a motion to postpone the election herein. Subsequently, on August 28, 1946, the Board ordered that the record in this proceeding be reopened and, that a further hearing be held to secure evidence regarding the matter alleged in the Upholsterers' motion; in addition the Board directed that the holding of the election be postponed until "such time as [it]..may hereaftexdireet." At the hearing thereafter held at Jasper, Indiana, on September 19, 1946, before Arthur G. Donovan, hearing officer, the Upholsterers stated that it had no objection to the name of the Petitioner appear- ing on the ballot, and amended its motion to request only that the name of the Upholsterers also be placed on the ballot. The Petitioner thereupon withdrew its objections to the Upholsterers' motion is amended. In addition, the Petitioner and the Upholsterers agreed that eligibility to vote should be determined from the pay roll for the period immediately preceding the date of the Second Direction ' 69 N L . R. B 1083. 71 N. L. R. B., No. 74. 486 INDIANA DESK COMPANY, INC. 487 of Election herein. The Employer took no position with respect to the names of the labor organizations to appear on the ballot, but agreed as to the selection of a current eligibility date. In view of the foregoing and on the entire record in the case, we shall direct that the names of both the Petitioner and the Up- holsterers, a labor organization within the meaning of the Act, be placed on the ballot in the election hereinafter directed and that the eligibility of employees to vote be determined from the pay roll for the period immediately preceding the date of the Second Direction of Election. SECOND DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Indiana Desk Company, Inc., Jasper, Indiana, 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, under the direction and supervision of the Re- gional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National LaborRelations Board Rules and Regulations- Series 4, among the employees in the unit found appropriate in Sec- tion IV, of the Decision and Direction of Election who were em- ployed during the pay-roll period immediately preceding the date of this Second Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Furni- ture Workers of America, Local No. 331, CIO, or by Furniture and Veneer Workers Local Union No. 331, Upholsterers' International Union of North America, AFL, for the purposes of collective bargain-, ing, or by neither. MR. JAMES J. REYNOLDS, Jr., took no part in the consideration of the above Supplemental Decision and Second Direction of Election.