S. Karpen & Bros.

National Labor Relations Board - Board Decisions

Sep 22, 1939

15 N.L.R.B. 594 (N.L.R.B. 1939)

In the Matter of S. KARPEN & BROS. and UNITED FURNITURE WWWORKERS
OF AMERICA, LOCAL No. 576, C. I. O.
Case No. R-1310
Furniture Manufacturing Industry-Election Ordered: run-off.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
September X, 19.3'9
On August 11, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled case.' The Direction of Elections provided that sepa-
rate elections by secret ballot be conducted among (1) all employees
in the woodworking and finishing departments of S. Karpen & Bros.,
Huntington Park, California, whose names appeared on the pay roll
of the Company for the period immediately preceding the date of
the Direction of Elections, excluding supervisory employees and
those employees who had since quit or been discharged for cause, but
including those employees who were sick, on vacation, or temporarily
laid off, to determine whether they desired to be represented by
United Furniture Workers of America, Local No. 576, or Furniture
Workers Union, Local No. 1561, United Brotherhood of Carpenters
and Joiners of America, for the purposes of collective bargaining, or
by neither, (2) all employees in the spring, mattress, and upholster-
ing departments of S. Karpen & Bros., Huntington Park, California,
whose names appeared on the pay roll of the Company for the period
immediately preceding the date of the Direction of Elections, exclud-
ing supervisory employees and those employees who had since quit or
been discharged for cause, but including those employees who were
sick, on vacation, or temporarily laid off, to determine whether they
desired to be represented by United Furniture Workers of America,
Local No. 1576, or Upholsterers International Union of North Amer-
ica, Local No. 15, for the purposes of collective bargaining, or by
1 14 N. L. R. B. 465.
15 N. L. R. B., No. 63.
594
S. KARPEN & BROS. 595
neither, and (3) truck drivers and all employees in the shipping
department of S. Karpen & Bros., Huntington Park, California,
whose names appeared on the pay roll of the Company for the period
immediately preceding the date of the Direction of Elections, exclud-
ing supervisory employees and those employees who had since quit
or been discharged for cause, but including those who were sick, on
vacation, or temporarily laid off, to determine whether they desired
to be represented by United Furniture `Yorkers of America, Local
No. 576, or International Brotherhood of Teamsters, Chauffeurs,
Stablemen and Helpers of America, Local No. 389, for the purposes
of collective bargaining, or by neither.
Pursuant to the Direction of Elections, elections by secret ballot
were conducted on August 24, 1939, under the direction and super-
vision of the Acting Regional Director for the Twenty-first Region
(Los Angeles, California). On August 26, 1939, the Acting Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, issued and duly
served upon the parties an Election Report on the elections. No
objections to the conduct of the ballot or to the Election Report have
been filed by any of the parties.
As to the results of the secret ballots, the Regional Director
reported as follows :
1. WOODWORKING AND FINISHING DEPARTMENTS
1.'Total number eligible----------------------------------- 53
2. Total number of ballots counted________________________ 47
3. Total number-of votes for United Furniture Workers of
America, Local No. 576_______________________________ 42
4. Total number of votes for Furniture Workers Union, Local
No. 1561, United Brotherhood of Carpenters & Joiners
of America ------------------------------------------ • 0
.5., Total number of.'votes for neither______________________ 5
6. Total number of blank ballots__________________________ 0
7. Total number of void ballots___________________________ 0
8. Total number of challenged votes----------------------- 2
2. SPRING, MATTRESS , AND UPHOLSTERING DEPARTMENTS
1. Total number eligible__________________________________ 66
2. Total number of ballots counted------------------------ .56
3. Total number of votes for United Furniture Workers of
America, Local No. 57G ------------------------------- 21
4. Total number of votes for Upholsterers International
Union of North America, Local No. 15________________ 10
5. Total number of votes for neither_______________________ 25
6. Total number of blank ballots__________________________ . 0
7. Total number of void ballots ---------------------- ------- 1
8. Total number of challenged votes----------------------- 3
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. TRUCKING AND SHIPPING DEPARTMENTS
1. Total number eligible----------------------------------- 6
2. Total number of ballots counted------------------------ 5
3. Total number of votes for United Furniture Workers of
America , Local No. 576------------------------------- 4
4. Total number of votes for International Brotherhood of
Teamsters , Chauffeurs , Stablemen and Helpers of Amer-.
ica, Local No. 389------------------------------------ 1
5. Total number of votes for neither---------------------- 0
6. Total number of blank ballots-------------------------- 0
7. Total number of void ballots --------------------------- 0
8. Total number . of challenged votes----------------- ------ 0
The Election Report reveals that in the election among the em-
ployees in the spring, mattress, and upholstering departments neither
the United Furniture Workers of America, Local No. 576, nor Uphol-
sterers International Union of North America, Local No. 15, received
a majority of the votes cast. A majority of those employees.have,
nonetheless , indicated a desire to bargain collectively with the Com-
pany. The United Furniture Workers of America, Local No. .576,
which received the greater number of votes validly cast in the elec-
tion, has requested the holding of a run-off election. We find that
the question concerning representation which has arisen can best be
resolved by the holding of a run-off election in which the employees
in the spring, mattress, and upholstering departments will be given
the opportunity to decide whether or not they desire to be repre-
sented by United Furniture Workers of America, Local No. 576.
Although United Furniture Workers of America, Local No. 576,
received a majority of the votes validly cast in both the election
among the employees in the woodworking and finishing departments
and the election among the employees in the trucking and shipping
departments, we will not issue a certification of the United Furniture
Workers of America, Local No. 576, as the exclusive representative
of . those- employees - until after 'the election among the employees in
the spring, mattress, and upholstering departments has been con-
ducted. We stated in the Decision and-Direction of Elections previ-
ously referred to that upon the results of the elections. would depend
in part the determination of the appropriate unit or units for the
purposes of collective bargaining . We also said: "If Local 576
should win two or three of the election units we shall combine those
units in which it has been successful and certify Local 576 as exclu-
sive representative thereof." In consequence, we will wait until the
election among the employees in the spring, mattress, and upholster-
ing departments has been held in order to determine the extent of
the appropriate ulit.
S. KARPEN & BROS. 597
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article -III, Sections 8 and:9,
of National Labor Relations Board Rules and Regulations-Series 2,
it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to determine representatives for the purposes of collec-
tive bargaining with S. Karpen & Bros., Huntington Park, Califor-
nia,.anaelection by secret ballot shall be conducted within fifteen (15)
days from the date, of this Direction, under the direction and super-
vision of the Regional Director for the Twenty-first Region, acting in
this matter as an agent of the National Labor Relations Board,
among all employees in the spring, mattress, and upholstering de-
partments of S. Karpen & Bros., Huntington Park, California, who-
were eligible to vote in the election of August 24, 1939, excluding
those who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by United Furniture
Workers of America, Local No. 576, for the purposes of collective
bargaining.
MR. WILLIAM M. LEisERsoN took no part in the consideration of,
the above Supplemental Decision and Second Direction of Election.
199549-39-vol. 15-39