Durham Pepsi-Cola Bottling Co.

National Labor Relations Board - Board Decisions

May 22, 1942

41 N.L.R.B. 198 (N.L.R.B. 1942)

In the Matter ' of -DURHAM PEPSI-COLA BOTTLING COMPANY and
INTERNATIONAL UNION OF UNITED BREWERY,- FLOUR, CEREAL, AND
SOFT, DRINK WORKERS OF AMERICA
Case No. R-3641
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 02, 1949
On April 20, 1942, 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 Elec-
tion, an election by secret ballot was conducted on May 1, 1942,
under the direction and supervision of the Regional Director for
the Fifth Region (Baltimore,' Maryland). On May 8, 1942, 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.
As to'the balloting and its results, the Regional Director reported
ds follows :
Total on eligibility list______________________________________ 43
Total ballots cast___________________________________________ 39
Total ballots challenged____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes counted ---------------------------- ------ 39
Votes cast for International Union of United Brewery, Flour,
Cereal. and Soft Drink Workers of America_______________ 33
Votes cast against International Union of United Brewery,
Flour, Cereal, and Soft Drink Workers of America_________ 6
Thereafter, Durham Pepsi-Cola Bottling Company, herein called
the Company, filed objections to the conduct of the election. On
May 13, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
' 40 N. L. R B. 753.
41 N. L. R. B., No. 42.
198
DURHAM PEPSI-COLA BOTTLING COMPANY 199
tions-Series 2, as amended, issued a Report on Objections stating
in substance that the objections raised no substantial or material
issues with respect to the conduct of the election.
We have considered the objections of the Company and the Regional
Director's report thereon. We find that the objections raise no
substantial or material issues with respect to the conduct of the
election. The objections are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 International Union of United Brewery,
Flour, Cereal, and Soft Drink Workers of America, has been desig-
nated and selected by a majority of the production and maintenance
employees of Durham Pepsi-Cola Bottling Company at its plants
in Durham and Burlington, North Carolina, including garagemen,
storage drivers, pick-up drivers, and utility drivers, but excluding
driver-salesmen, driver-salesmen's helpers, sign workers, and super-
visory and clerical employees, as their representative for the purposes
of collective bargaining, and that pursuant to Section 9 (a) of the
National Labor Relations Act, International Union of United Brew-
ery, Flour, Cereal, and Soft Drink Workers of America, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.