Burton-Dixie Corp.

National Labor Relations Board - Board DecisionsSep 24, 1941

35 N.L.R.B. 718 (N.L.R.B. 1941)

In the Matter of BURTON-DIXIE CORPORATION and WHOLESALE UP- HOLSTERERS AND BEDDING WORIERs, LOCAL 173 , UPHOLSTR+ RERS IN- TERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. R-2W9 and XVII-C o0 SECOND SUPPLEMENTAL DECISION AND ORDER September 24, 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.' Pursuant to the Direction of Election, an election by secret ballot was conducted on November 15, 1940, under the direction and supervision of the Regional Director for the Seven- teenth Region (Kansas City, Missouri). On August 18, 1941, the Board issued a Supplemental Decision, Order) and Direction of Elec- tion,' which ordered that the election held on November 15, 1940, be set aside and directed that a second election be conducted. Pur- suant to the Second Direction of Election, an election by secret ballot was conducted on September 5, 1941, under the direction and super- vision of the Regional Director. On September 6, 1941, 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 his Election Report. No objections to the conduct of the ballot 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: Total on eligibility list____________________________________ 40 Total ballots cast_________________________________________ 38 Total ballots challenged__________________________________ 0 Total blank ballots ----------------------------------------- 0 Total void ballots_________________________________________ 0 Total valid votes cast____________________________________ 38 1 29 N. L. R. B 446 2 34 N. L. it. B. 422 35 N. L. R. B., No 161 718 BURTON -DIXIE CORPORATION 719 Total votes cast for Wholesale Upholsterers and Bedding Workers Local 173, Upholsterers International Union of North America , affiliated with the A. F. of L------------ 17 Total votes cast against Wholesale Upholsterers and Bedding Workers Local 173 , Upholsterers International Union of North America , affiliated with the A. F. of L------------ 21 The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees in the unit heretofore found to be appropriate for collective bargaining. The petition for investigation and certification of representatives 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 certifi- ,cation of representatives of employees of Burton-Dixie Corporation, Kansas City, Missouri, filed by Wholesale Upholsterers and Bedding Workers, Local 173, Upholsterers International Union of North America, affiliated with the American Federation of Labor, be, and it Thereby is, dismissed.