Burton-Dixie Corp.

National Labor Relations Board - Board Decisions

May 15, 1941

31 N.L.R.B. 894 (N.L.R.B. 1941)

In the Matter of BURTON-DIXIE CORPORATION and FURNITURE, BED
DING & CASKET LOCAL 325, UPHOLSTERERS' INTERNATIONAL UNIOI\
OF NORTH AMERICA
Case No. R- 2284
CERTIFICATION OF REPRESENTATIVES
May 15, 1941
On February 7, 1941 , the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above -entitled proceedings .' Pursuant to the Direction of Election,
an election by secret ballot was conducted on February 24, 1941,
among employees of Burton -Dixie Corporation , Memphis, Tennes-
see, herein called the Company', under the direction and supervision
of the Regional Director for the Tenth Region ( Atlanta, Georgia).
On February 26, 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 an Election Report , and on March 22, 1941 , duly issued and
served ,upon the parties an Amended Election Report, in which he
reported that 74 ballots had been cast in the election and 62 counted,,
that 36 of those counted were cast nor Furniture , Bedding & Casket
Local 325, Upholsterers ' International Union of North America,
herein called the Union , and 26 had been cast 'against the Union ;
that 12 ballots had not been counted because challenged by the Com-
pany or the Union ; and ruled that the challenges to the ballots of
three persons be sustained and that the challenges to the ballots of
nine persons be overruled . On March 6 , 1941, the Company filed
with the Regional Director Objections to the conduct of the ballot,
and on March 26, 1941, lodged with the Regional Director a request
that said- Objections "stand as objections to the Amended Election
Report." On March 29 , 1941, the Acting Regional Director issued
a Report on Objections , copies of which were duly served upon the
parties. On April 3, 1941, the Company lodged with the Acting
Regional Director Exceptions to Report on Objections, On-April
15, 1941, the Board issued a Supplemental Decision and Direction,2
copies of which were duly served upon the parties , sustaining the
1 29 N L R . B. 446
2 30 N L R B. 1246
31 N.L .R B, No 149.
894
BURTON-DIXIE CORPORATION 895
rulings of the Regional Director upon the challenged ballots, over-
ruling the Objections and Exceptions of the Company, and directing
that the Regional Director open and count the nine ballots concern-
ing which the challenges were overruled and make a Supplemental
Election Report thereon and serve copies thereof upon the parties.
On April 25, 1941, the Acting Regional Director, acting pursuant
to the Supplemental Decision and Direction, issued and duly served
upon the parties a Supplemental Election Report setting forth that
on April 23, 1941, the nine challenged ballots were opened and
counted in the presence of observers of the Company and the Union
and that upon a count of said ballots the results of the election were
as follows :
Total number eligible--------------------------------------- 85
Total ballots cast----------- ----------------------------- 74
Total number ballots cast for Furniture, Bedding & Casket
Local 325, Upholsterers' International Union of North
America ----------------------------------------------- 44
Total number vallots cast against Furniture, Bedding & Casket
Local 325, Upholsterers' International Union of North
America ------------------------------------------------ 27
Total number of challenged ballots sustained---------------- 3
Total number void ballots --------------------------------- 0
Total number blank ballots-------------------------------- 0
No objections to the counting of the ballots or to the Supplemental
Election Report have been filed by any of the parties.
The foregoing results show that Furniture, Bedding & Casket
Local 325, Upholsterers' International Union'of North America,'has
been designated and selected by a majority of the Company's em-
ployees within the appropriate unit as their statutory representative.
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, 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 CERTIFIED that Furniture, Bedding & Casket Local
325,, Upholsterers' International Union of North America, has been
designated and selected by a majority of all employees of Burton-
Dixie Corporation at its Memphis,. Tennessee, plant; excluding the
manager, the superintendent and office employees, as their representa-
tive for the purposes of collective bargaining, and that pursuant to
Section 9 -(a) of the Act, Furniture, Bedding & Casket Local 325,
Upholsterers' International Union of North America, 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.