Burton Dixie Corp.

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.