Burton-Dixie Corp.

National Labor Relations Board - Board Decisions

Aug 18, 1941

34 N.L.R.B. 422 (N.L.R.B. 1941)

In the Matter of BURTON-DIxIE CORPORATION and WHOLESALE
UPHOLSTERERS AND BEDDING WORKERS, LOCAL 173, UPHOLSTERERS
INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Cases Nos. B-2079 and XVII-C-756
SUPPLEMENTAL DECISION
ORDER
AND
DIRECTION OF ELECTION
August 18, 1941
On November 6, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding,' directing that an election by secret ballot
be conducted among certain employees of Burton-Dixie Corporation,
Kansas City, Missouri, herein called the Company, to determine
whether or not they desired to be represented by Wholesale Up-
holsterers and Bedding Workers, Local 173, Upholsterers Interna-
tional Union of North America, affiliated with the American Federa-
tion of Labor, herein called the Union, for the purposes of collective
bargaining.
Pursuant to the Direction of Election an election by secret ballot
was conducted on November 15, 1940, under the direction and super-
vision of the Regional Director for the Seventeenth Region (Kansas
City, Missouri). On November, 16, 1940, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, prepared and
duly served upon the parties an Election Report setting forth the
results of the election 2
129 N. L. R. B. 446.
As to the results of the balloting the Regional Director reported as follows :
Total on eligibility list------------------------------------------- 71
Total votes for the Union ----------------------------------------- 35
Total votes against the Union------------------------------------- 36
Total challenged ballots- ----------------------------------------- 0
Total blank ballots---------------------------------------------- 0
Total void ballots------------------------------------------------ 0
34 N. L. R. B., No. 61.
422
BURTON-DIXIE CORPORATION 423
By letter dated November 20, 1940. the Union filed objections to the
Election Report setting forth, certain allegations upon which the
objections were based. On November 29, 1940, the Company filed
with the Regional Director a document entitled Answer to Objections
to Conduct of Election as Amended. Thereafter the Regional Di-
rector issued a Report on Objections in which he found that sub-
stantial and material issues had been raised with respect to the con-
duct of the ballot, and recommended a hearing on the objections.
On February 11, 1941 the Union filed a charge alleging that the
Company had committed and was committing certain unfair labor
practices. On March 3, 1941, the Board issued an order directing a
hearing on the objections to the Election Report and consolidating
the two cases.
On July 18, 1941, counsel for the Board entered into a stipulation
with the Company and the Union in which the Company and the
Union waived further hearing on the objections and agreed, in sub-
stance, to the setting aside of the election held on November 15, 1940,
and to the issuance of a Supplemental Decision and Direction of
Election, directing a further election among the employees eligible
to vote in the original election, including employees within eligible
classifications who were hired between Ncvember 15, 1940, the date
of the previous election, and April 30, 1941, the date upon which the
plant was closed because of the strike. The Board hereby approves
the stipulation of the parties and accordingly, will set aside the
election held on November 15, 1940, and direct a further election in
which the eligible employees will be given an opportunity to decide
whether or not they wish to be represented by the'Union for the
purposes of collective bargaining.
ORDER
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, as amended,
IT IS HEREBY ORDERED that the election in this proceeding held on
November 15, 1940, be, and it hereby is, set aside.
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, as amended, it is hereby
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargain-
ing with Burton-Dixie Corporation, Kansas City, Missouri, an elec-
tion by secret ballot shall be conducted as early as possible but not
later than thirty (30) days from the date of this Direction of Elec-
tion, under the direction and supervision of the Regional Director
for the Seventeenth Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section
9, of said Rules and Regulations, among the employees described in
the Direction of Election issued November 6, 1940, including in addi-
tion thereto, all production and maintenance employees, stockroom
employees, timekeepers, and working foremen of the Company who
were hired between November 15, 1940, and April 30, 1941, including
employees who did not work during such period because they were
ill or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding all employees
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by Wholesale Uphol-
sterers and Bedding Workers, Local 173, Upholsterers International
Union of North America, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.
M.R. EDWIN S. SMITH took no part in the consideration of the
above Supplemental Decision, Order and Direction of Election. -