Dixie Distilled Products Co., Inc.

National Labor Relations Board - Board Decisions

Feb 20, 1942

39 N.L.R.B. 36 (N.L.R.B. 1942)

In the Matter of DIXIE DISTILLED PRODUCTS CO., INC., and UNITED
CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF
AMERICA, C. I. O.
Case No. R-3531 `Decided February 20,194
Practice and Procedure : petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election, show that
no representative has been selected by a majority of employees in the
appropriate unit.
Mr. Earle K. Shawe , for the Board.
Mr. Harry Kabakoff, of Memphis, Tenn., for the Company.
Mr. William Haber, of Memphis, Tenn., for the Union.
Miss Melvern R. Krelow, of counsel'to the Board.
DECISION
AND
ORDER
On September 8, 1941, United Cannery, Agricultural, Packing and
Allied Workers of America, C. I. 0., herein called the Union, filed
with the Regional Director for the Tenth Region (Atlanta, Georgia)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Dixie Distilled Prod-
ucts Co., Inc., Memphis, Tennessee, herein called the Company,, en-
gaged in the business of rectifying, blending, bottling, and sale and
distribution of liquors, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Septem-
ber 9, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act, and Article III,
Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing on due notice. On September 9, 1941, the, Company, the
Union, and an attorney for the Board entered into a "STIPULATION
FOR CERTIFICATION UPON CONSENT ELECTION."
39 N L. R. B., No 9
36
DIXIE 'DISTILLED 'PRODUCTS CO. 37
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on December 19, 1941, under the direction and supervision of
the Regional Director, among all of the production and maintenance
employees employed at the'Company's Memphis Plant, excluding all
supervisory and clerical employees, to determine whether or not said
employees desired to be represented by the Union. On January. 2,
1942, the Regional Director issued and duly served, upon the ,parties
his Election Report on the ballot. No objections to ' the conduct of
the ballot or the Election Report have been filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total number eligible _______________________________________ 12
Total ballots cast___________________________________________
Total number of ballots cast for UNITED CANNERY, AGRICULTURAL
11
PACKING AND ALLIED WORKERS OF AMERICA, C I. 0---- _-_---- 2
Total number of ballots cast against UNITED CANNERY, AGRI-
CULTURAL PACKING AND ALLIED WORKERS OF AMERICA, C. I 0__ 8
Total number of challenged ballots__________________________ 1
Total number of void ballots_________________________________ 0
Total number of blank ballots_______________________________ 0
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in the ap-
propriate unit. The petition filed by United Cannery, Agricultural,
Packing and Allied Workers of America, C. I. 0., for investigation
and certification of representatives of employees of Dixie Distilled
Products Co., Inc., Memphis, Tennessee, will therefore be dismissed.
FINDINGS OF FACT
1. A question affecting commerce has arisen 'concerning the'repre-
sentation of employees of Dixie Distilled Products Co., Inc., Memphis,
Tennessee, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All of the production and maintenance employees, employed at
the Company's Memphis Plant, excluding all supervisory and clerical
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 the
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Dixie Distilled Products
Co., Inc., Memphis, Tennessee , filed by United Cannery, Agricultural,
Packing and Allied Workers of America, C. I. 0., be, and it hereby is,
dismissed.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order.