Burton Dixie Corp.

National Labor Relations Board - Board Decisions

Mar 7, 1939

11 N.L.R.B. 984 (N.L.R.B. 1939)

In the Matter of BIIRTON DIxnE CORPORATION arud BEDDING LOCAL 140,
UNITED FURNITURE WORKERS OF AMERICA , C. I. O.
Case No. R-1137
SUPPLEMENTAL DECISION
AND
ORDER
March 7,1939
On January 25, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, and Direction of Election
in the above-entitled case., The Direction of Election directed that
an election by secret ballot be conducted within fifteen (15) days from
the date of the Direction among the employees of Burton Dixie Cor-
poration, at its Brooklyn, New York, plant, herein called the Company,
whose names appeared on the Company's pay roll of September 14,
1938, at its Brooklyn, New York, plant, excluding chauffeurs, clerical
and supervisory employees, watchmen, an engineer or fireman and a
porteress, and those who had since quit or had been discharged
for cause, to determine whether or not they desired to be represented
by Bedding Local 140, United Furniture Workers of America, C. 1. 0.1
for the purposes of collective bargaining.
Pursuant to the Direction, an election by secret ballot was held on
February 7, 1939, at Brooklyn, New York, under the direction and
supervision of Elinore M. Herrick, the Regional Director for the
Second Region (New York City). Full opportunity was afforded
all parties to this investigation to participate in the conduct of the
secret ballot and to make challenges. On February 9, 1939, the said
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, issued and duly served upon the parties her Intermediate
Report on the election. No exceptions or objections to the Intermedi-
ate Report were filed by any of the parties.
1 10 N. L. R. B. 1417.
11 N. L. R. B., No. 82.
984
BURTON DIXIE CORPORATION ET AL . 985
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible _______________________________________ 210
Total number of ballots cast ________________________________ 206
Total number of ballots counted____________________________ 206
Total number of votes for Bedding Local 140 , United Furniture
Workers of America, C. I. 0______________________________ 89
Total number of votes against Bedding Local 140, United
Furniture Workers of America, C. I. 0____________________ 117
Total number of blank ballots ______________________________ 0
Total number of void ballots_______________________________ 0
Total number of challenged ballots_______ __________________ 0
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees. The peti-
tion for investigation and certification of representatives of employees
of the Company 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 1, as amended,
it is hereby
ORDERED that the petition for investigation and certification of repre-
sentatives of the employees of Burton Dixie Corporation at its Brook-
lyn, New York, plant, excluding chauffeurs, clerical and supervisory
employees, watchmen , an engineer or fireman and a porteress, filed by
Bedding Local 140, United Furniture Workers of America, C. I. 0.,
be, and it hereby is, dismissed.