Durham Pepsi-Cola Bottling Co.

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.