Payne Furnace and Supply Co., Inc.

National Labor Relations Board - Board Decisions

Apr 26, 1940

23 N.L.R.B. 256 (N.L.R.B. 1940)

In the Matter of PAYNE FURNACE AND SUPPLY CO., INC. and STOVE
MOUNTERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No.
93, A. F. OF L.
Case No. R-1709
SUPPLEMENTAL DECISION
AND
ORDER
April 26, 1940
On March 20, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceedings.' The Direction of Elections pro-
vided that elections by secret ballot be conducted as early as possible
but not later than thirty (30) days from the date of the Direction
among the employees within the groups described below, who were
employed by Payne Furnace and Supply Co., Inc., at its Beverly
Hills, California, plant, during the pay-roll period which covers
February 1, 1940, including employees who did not work during such
pay-roll period because they were ill or on vacation or temporarily
laid off, but excluding all office employees whatever the nature of
their work, all supervisory employees with power to hire and fire, all
salesmen, all engineers, the night watchman, all truck drivers, and
those who between such pay-roll period and the date of the election
have"quit or been discharged for cause :
(a) All production and maintenance employees, including em-
ployees in the "retail" or "special" fitting department and the regular
fitting department, but excluding employees in the installation de-
partment, and the service department, to determine whether they
desired to be represented by Stove Mounters International Union of
North America, Local No. 93, affiliated with the American Federation
of Labor, or by Lodge 1981, Amalgamated Association of Iron, Steel,
and Tin Workers of North America, through the Steel Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, herein called the S. W. O. C., for the purposes of
collective bargaining, or by neither;
121 N. L. R. B. 797.
23 N. L. R. B., No. 22.
256
PAYNE FURNACE AND SUPPLY CO.,INC. 257
(b) All employees in the installation department and the service
department, to determine whether or not they desired to be repre-
sented by the S. W. O. C., for the purposes of collective bargaining.
In its Decision the Board stated that the ascertainment of the
appropriate unit or units -for the purposes of collective bargaining
would depend upon the results of the elections to be held among the
two groups described above. The Board said :
We shall certify the union, if any, designated by a majority of
the employees within each election unit as the exclusive repre-
sentative thereof. If the S. W. O. C. should win both elections,
we shall certify it as the exclusive representative of both election
units combined.
Pursuant to the Direction of Elections, elections by secret ballot
were conducted at Beverly Hills, California, on April 11, 1940, under
the direction and supervision of the Regional Director for the
Twenty-first Region (Los Angeles, California). On April 12, 1940,
the Regional Director, acting pursuant to Article III, Section 9, of-
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served upon the parties an Election
Report on the ballots. No objections to the conduct of the ballots or
the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
1 PRODUCTION AND MAINTENANCE EMPLOYEES
Total number eligible to vote______________________________ 131
Total number of ballots cast________________________________ 129
Total number of valid votes cast____________________________ 120
Total number of votes for Stove Mounters International Union
of North America, Local No. 93, affiliated with the American
Federation of Labor______________________________________ 4
Total number of votes for Lodge 1981, Amalgamated Association
of Iron, Steel, and Tin Workers of North America, through
the Steel Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations----------------------- 8
Total number of votes for neither labor organization----_-__ 68
Total number of challenged ballots__________________________ 9
Total number of blank ballots______________________________ 0
Total number of void ballots________________________________ 0
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. EMPLOYEES IN THE INSTALLATION DEPARTMENT AND THE
SERVICE DEPARTMENT
Total number eligible to vote________________________________ 42
Total number of ballots cast________________________________ 38
Total number of valid votes cast____________________________ 38
Total number of votes for Lodge 1981, Amalgamated Associa-
tion of Iron, Steel, and Tin Workers of North America,
through the Steel Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations______________ 8
Total number of votes against Lodge 1981, Amalgamated
Association of Iron, Steel, and Tin Workers of North
America, through the Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations--_-_- 30
Total number of challenged ballots__________________________ 0
Total number of blank ballots________________________________ 0
Total number of void ballots ------------------------- ------ 0
Since the nine challenged ballots cannot affect the result of the
election held among the production and maintenance employees, we
find it unnecessary to pass upon the challenges.
,The results of the elections show that no collective bargaining
representative has been chosen by a majority of the employees in
either of the two groups described above. The petition for investi-
gation and certification of representatives of employees of Payne
Furnace and Supply Co., Inc., Beverly Hills, California, 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 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Payne Furnace and
Supply Co., Inc., Beverly Hills, California, filed by Stove Mounters
International Union of North America, Local No. 93, affiliated with
the American Federation of Labor, be, and it hereby is, dismissed.