The Toledo Desk and Fixture Co.

National Labor Relations Board - Board Decisions

Aug 11, 1944

57 N.L.R.B. 1294 (N.L.R.B. 1944)

10,
In the Matter of THE TOLEDO DESK AND FIxTURE COMPANY and UNITED
WHOLESALE, WAREHOUSE AND DELIVERY EMPLOYEES, LOCAL 363
(CIO)
Case No. 8-R-1474
SUPPLEMENTAL DECISION
AND
i
CERTIFICATION OF REPRESENTATIVES
August 11, 1944
On May 29, 1944, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above
entitled proceeding., ' Pursuant to the Direction of Election, an elec-
tion by secret ballot was conducted on June 21, 1944, under the direc-
tion and supervision of the Regional Director for the Eighth Region
(Cleveland, Ohio). On the same day of the election, the Regional
Director, acting pursuant to Article, III, Section 10, of National Labor
Relations" Board Rules and Regulations, Series 3, issued and duly
served upon the parties a Tally of Ballots.
As to the balloting and its results, the Regional Director reported as
follows :
Approximate number of eligible voters _______________________ 108
Valid votes counted_________________________________________ 25
Votes cast for United Wholesale, Warehouse and Delivery Em-
ployees, Local 363 (CIO ) ------------------------------------ 16
Votes cast for Maumee Valley District Council of Carpenters,
Local 1359 (AFL)__________________________
'Votes cast against the participating unions ------------------- 0
Challenged ballots__________________________________________ 33
Void ballots ----------------------------------------------- 0
On. June 27, 1944, Maumee Valley District Council of Carpenters,
Local 1359, (AFL), herein called the AFL; filed "Objections to Elec-
tion" and on July 19, the Regional Director, having investigated the
objections, issued- and duly served upon the parties copies of his Report
on Challenges and Objections. Thereafter, the AFL filed exceptions
1 56N.L,R B 1022.
57 N. L. ,R B., No. 198.
1294,
THE TOLEDO DESK AND FIXTURE COMPANY, 1295
and the Company expressed certain objections to the Regional
• Director's report.
The first objection of the AFL is to the effect that sample ballots
mailed by the Board's Regional Office to all eligible voters were defec-'
tive in that the name of the AFL was in part obliterated by the coinci-
dence of a,few letters in its name with the word "sample" which'is
written across the face of the ballot. In view of the fact that its
name is clearly legible despite the superimposed print, we fail'to see
how the AFL was injured in any manner thereby, and we shall, there-
fore, overrule its objection. •
The AFL's second objection relates to the alleged-campaigning by
members of the. United Wholesale, Warehouse and -Delivery Em;
ployees, Local 363 (CIO), herein called the CIO, on the day of the
election, at or near theelection booth. In support of this objection, the
AFL submitted an affidavit by C. Groll, an employee of the Company,
to the effect that while on his way to vote, about 10 feet away from the
polling, booth, he was stopped by Mrs. L. E. Wright, and asked "Which,
way are you going to vote?" Upon replying that he didn't know,
Mrs. Wright said, "Don't forget, CIO." In addition to the above
affidavit, the AFL submitted a statement signed by two supervisory
employees and an office clerk which reads, in part, "At the time Mary
Gerhardinger appeared at the booth to cast her vote, she asked La Verne
Ellis (Mrs. Wright) `What are you doing here?' La Verne Ellis replied,
'I was placed here by the CIO.'"
The Regional Director's report shows that Mrs. Wright was an
official observer for the CIO, and it was • therefore part of her official
duties to be stationed near the polling booth. In an affidavit submitted
by Mrs. Wright she states that she did not talk to any voters or tell
anyone how to vote. Moreover, she denies speaking to either Groll or
Gerhardinger. On the evidence submitted by the AFL in support of
its objection we are not convinced that Mrs. Wright made the state-
lnent attributed to her by Groll,2 or that each voter was not otherwise
given an opportunity to vote his ballot in secret.3 Following the
recommendation of the Regional Director, we ' shall - overrule this
objection.
Since there were 25 valid votes counted, and 33 challenged ballots,
the latter can obviously affect the result of the election. Four ballots,
were challenged by the CIO, 11 by the AFL, and 18 by the Company.
The CIO advised the Regional Director that' it desired to participate
2 We note that the evidence with respect to the conversation between Gerhardinger and
Wright is pure hearsay, but even if we are to accept it, the statement attributed to Wright
contains nothing objectionable.
A statement was signed by a representative of each party at the conclusion of the
balloting indicating that all , voters had received such an opportunity.
J
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the challenges of the Company and the AFL. According to the
Report on Objections and Challenges,, all parties to the election are in
agreement that 29 challenges should be sustained. , Inasmuch as the
remaining 4 challeuged'ball'ots cannot affect the results of the election,
we find it unnecessary to rule on them. No exceptions having been filed
to' this part of the Report, we shall sustain the challenges to the 29
ballots.
'The Company contends that tha results of the election do, not
represent the desires of its employees as they allegedly will be
constituted in the near future and therefore urges that the certifi-
cation of the CIO be withheld peinding a redetermination of the
question concerning representation. As of the date of hearing, the
Company employed about 115 employees who were engaged in the
mass production of mess tables, benches, and shelvings for branches,-
of the armed services. In peace times the Company produced fixtures
and furniture for department stores, specialty shops, restaurants, and
night clubs. For the manufacture and installation of these custom-
made articles, the Company required the services of about 18 skilled
craftsmen. Between the date of the hearing and the holding of the
election, the Company laid off all but approximately 29 employees
because of the fact that it had completed its war contracts. The
Company states that, in- reconverting its facilities to its normal peace-
time production, it will employ the same number of skilled craftsmen
that it had formerly employed, and that such craftsmen will of neces-
sity have to be recruited outsicl e the ranks of those 'presently employed.
A certification of the CIO, the Company argues, will result, therefore,
in the establishment of a bargaining agent not chosen by the majority
of the employees who will constitute the Company's personnel upon
the completion of its reconversion plans. We are of the opinion,,how-
ever, that the Company's objections are premature. The record con-
tains nothing specific relating to the future operating plans of the
Company that would tend to support its contention; at best, the indi-
cation is that such plans are purely-speculative. Inasmuch as a major-
ity of the Company's present employees have indicated their desire to
be represented by the CIO, we are constrained to the view-that under
the circumstances now present in the plant a certificate should issue. -
I
CERTIFICATION OF, REPRESENTATIVES
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,
and pursuant to Article III, Sections 9 and 10, of the National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT Is HEREBY CERTIFIED that United' Wholesale, Warehouse and De-
livery Employees, Local 363 (CIO), has been designated and selected
THE TOLEDO DESK AND FIXTURE COMPANY 1297
by a majority of all employees of The Toledo Desk and Fixture Com=
pany, Toledo, Ohio, but excluding spot laborers, supervisors, working
foremen, and all other supervisory employees .with authority to hire,,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively-recommend such action, as their represent=
ative for *the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the Act, United Wholesale, Warehouse and Delivery
Employees, Local 363 (CIO) is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
'employment.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
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