Kay Musical Instrument Co.

National Labor Relations Board - Board Decisions

Feb 14, 1938

5 N.L.R.B. 297 (N.L.R.B. 1938)

In the Matter Of KAY MUSICAL INSTRUMENT COMPANY and FURNITURE
WOODWORKERS AND FINISHERS LOCAL 18-B
Case No. R-474
SUPPLEMENTAL DECISION
AND
ORDER
February 14, 1938
On January 20, 1938, the National Labor Relations Board, herem
called the Board, issued a Decision and Direction of Election in the
above-entitled case.' The Direction of Election directed that an elec-
tion by secret ballot be held among all employees of the Kay Musical
Instrument Company, Chicago, Illinois, herein called the Company,
excluding foremen, office and supervisory employees, and employees
who quit or were discharged for cause before the election, to deter-
mine whether or not they desire to be represented by the Furniture
Woodworkers and Finishers Local 18-B, affiliated with the American
Federation of Labor, herein called the Union, for purposes of col-
lective bargaining.
Pursuant to the Direction, an election by secret ballot was con-
ducted on February 2, 1938, at Chicago, Illinois, under the direction
and supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). On February 5, 1938, the said Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties an Intermediate Report on the
ballot. No exceptions to the Intermediate Report have been filed by
any of the parties.
As to the results of the secret balloting, the Regional Director
reported as follows :
Total number eligible to vote ----------------------------------- 62
Total number of ballots cast------------------------------------ 62
Total number of votes in favor of Furniture Woodworkers &
Finishers Local 18-B----------------------------------------- 23
Total number of votes against the afore -mentioned union-------- 38
Total number of voided or spoiled ballots------------------------ 1
Total number of challenged ballots cast-------------------------- 0
Total number of blank ballots cast-- ----------------------------- 0
14 N. L. R . B. 1082.
297
298 NATIONAL LABOR RELATIONS BOARD
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees. The peti-
tion for investigation `and certification of representatives of employees
of the Company will therefore be dismissed.
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 National
Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby ordered that the petition for investigation and
certification of representatives of employees of Kay Musical Instru-
ment Company filed by Furniture Woodworkers and Finishers Local
18-B be , and it hereby is, dismissed.
D