Dixie Distilled Products Co., Inc.

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.