Burton-Dixie Corp.

In the Matter of BURTON-DIxIE CORPORATION and WHOLESALE UPHOLSTERERS AND BEDDING WORKERS, LOCAL 173, UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. B-2079 and XVII-C-756 SUPPLEMENTAL DECISION ORDER AND DIRECTION OF ELECTION August 18, 1941 On November 6, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding,' directing that an election by secret ballot be conducted among certain employees of Burton-Dixie Corporation, Kansas City, Missouri, herein called the Company, to determine whether or not they desired to be represented by Wholesale Up- holsterers and Bedding Workers, Local 173, Upholsterers Interna- tional Union of North America, affiliated with the American Federa- tion of Labor, herein called the Union, for the purposes of collective bargaining. Pursuant to the Direction of Election an election by secret ballot was conducted on November 15, 1940, under the direction and super- vision of the Regional Director for the Seventeenth Region (Kansas City, Missouri). On November, 16, 1940, the Regional Director, act- ing pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report setting forth the results of the election 2 129 N. L. R. B. 446. As to the results of the balloting the Regional Director reported as follows : Total on eligibility list------------------------------------------- 71 Total votes for the Union ----------------------------------------- 35 Total votes against the Union------------------------------------- 36 Total challenged ballots- ----------------------------------------- 0 Total blank ballots---------------------------------------------- 0 Total void ballots--- --------------------------------------------- 0 34 N. L. R. B., No. 61. 422 BURTON-DIXIE CORPORATION 423 By letter dated November 20, 1940. the Union filed objections to the Election Report setting forth, certain allegations upon which the objections were based. On November 29, 1940, the Company filed with the Regional Director a document entitled Answer to Objections to Conduct of Election as Amended. Thereafter the Regional Di- rector issued a Report on Objections in which he found that sub- stantial and material issues had been raised with respect to the con- duct of the ballot, and recommended a hearing on the objections. On February 11, 1941 the Union filed a charge alleging that the Company had committed and was committing certain unfair labor practices. On March 3, 1941, the Board issued an order directing a hearing on the objections to the Election Report and consolidating the two cases. On July 18, 1941, counsel for the Board entered into a stipulation with the Company and the Union in which the Company and the Union waived further hearing on the objections and agreed, in sub- stance, to the setting aside of the election held on November 15, 1940, and to the issuance of a Supplemental Decision and Direction of Election, directing a further election among the employees eligible to vote in the original election, including employees within eligible classifications who were hired between Ncvember 15, 1940, the date of the previous election, and April 30, 1941, the date upon which the plant was closed because of the strike. The Board hereby approves the stipulation of the parties and accordingly, will set aside the election held on November 15, 1940, and direct a further election in which the eligible employees will be given an opportunity to decide whether or not they wish to be represented by the'Union for the purposes of collective bargaining. ORDER By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 ORDERED that the election in this proceeding held on November 15, 1940, be, and it hereby is, set aside. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the. National Labor Rela- tions 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 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargain- ing with Burton-Dixie Corporation, Kansas City, Missouri, an elec- tion by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Elec- tion, under the direction and supervision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction of Election issued November 6, 1940, including in addi- tion thereto, all production and maintenance employees, stockroom employees, timekeepers, and working foremen of the Company who were hired between November 15, 1940, and April 30, 1941, including employees who did not work during such period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding all employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Wholesale Uphol- sterers and Bedding Workers, Local 173, Upholsterers International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining. M.R. EDWIN S. SMITH took no part in the consideration of the above Supplemental Decision, Order and Direction of Election. -