Burton-Dixie Corp.

National Labor Relations Board - Board Decisions

Sep 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.