Burton-Dixie Corp.

In the Matter of BURTON-DIXIE CORPORATION and MATTRESS SPRING AND BEDDING WORKERS LOCAL UNION 18.5 OF UPHOLSTERERS INTERNA- TIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE A. F. OF L. Case No. R-3,244.Decided December 10, 1941 Jurisdiction : bedding and furniture manufacturing industry. Investigation and Certification of Representatives : existence of question - parties stipulated that Company refused to accord union recognition on the ground that it disputed the union's right to represent the employees in the unit; election necessary. - Unit Appropriate for Collective Bargaining : all production and maintenance employees, including watchmen, of the Company's Chicago plant, excluding truck drivers, foremen, supervisors, and office and clerical employees ; agreement as to. Mr. Russell Packard, for the Board. Mr. David R. Clarke, of Chicago, Ill., for the Company. Mr. Joseph M. Jacobs by Mr. Philip D. Goodman, of Chicago, Ill., for the Union. Mr. Reynolds C. Seitz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 10, 1941, the Mattress Spring and Bedding Workers Local Union 185 of Upholsterers International Union of North Amer- ica, affiliated With the A. F. of L., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Burton-Digie Corporation, Chicago, Illinois, herein called the Company, and re- questing an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 23, 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 the National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered 37 N. L. R. B., No. 69. - 432 BURTON-DIXIE CORPORATION 433 an iildestigati& and'°ailthorized• the Regional Director to conduct it, and•tb'proidde' for an'appropriate Hearing upon due notice. `On October 27-,''1941, the Regibna'1 Director issued a notice of hear- ihb, copies of which were duly served upon the Company and the Union. On November 4, 1941, pursuant to notice, a hearing was held at `Chicag(Y, Illihois, before Will Maslow, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full -opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT. 1. THE BUSINESS OF THE COMPANY The parties stipulated and Nye find that the facts with regard to the business of the Company are the same as those set forth in the Board's Decision and Direction of Election, dated March 8, 1940.1 The findings of fact set forth in that Decision and Direction of Elec- tion in the section entitled "The business of the Company" are hereby incorporated herein. The Company concedes that it is engaged in commerce within the meaning of the Act. H. TIIE ORGANIZATION INVOLVED Mattress Spring and Bedding Workers Local Union 185 of Uphol- sterers International Union of North America, affiliated with the A. F. of L., is a labor organization admitting to membership -employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION It is stipulated among the parties that on September 10, 1941, and on several occasions and dates piior thereto, the Union asked the Company for recognition as the exclusive bargaining agent for the employees in the unit hereinafter found appropriate, and that the 'Matter of Burton-Dixie Corporation and Mattress, Spring and Bedding TPo)lels Local 185 "of 'Upholsterers International Union of North America, affiliated with the A F of L, 21 N L R: B 289 434 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD .Company declined, to recognize the Union on: the, ground that it disputed the. Union's right to represent the, employees in, the unit.] The evidence introduced at the hearing indicates; that: the Union represents a substantial, number of employees in the unit hereinafter found appropriate.2 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE, QUESTION CONCERNING REPRESENTATION UPON, CODIDIERCE We find that the question concerning 'representation which has arisen, occuring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated, and we find, that all production and main- tenance employees of the Company's Chicago plant, including watch- men, but excluding truck drivers, foremen, supervisors, and office and clerical employees constitute a unit appropriate for the pur- poses of collective bargaining. We further find that such unit will insure the employees the full benefit of their right to collective bar- gaining, and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We fur- ther find that the employees eligible to participate in the election shall be those within the appropriate unit who were employed by the Company during the pay-roll period immediately prior to the date of the Direction subject to the limitations and additions set forth in the Direction. Upon the basis of, the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Burton-Dixie Corporation, at the Chicago,. 2There are appioximately 705 employees in the unit hereinafter found appropriate. The Union submitted to the Trial Examiner 244 application cards bearing apparently- genuine signatures which, the Trial Examiner spot -checked against the pay roll. BURTON-DIXIE CORPORATION 435 Illinois plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company's Chicago plant including watchmen, but excluding truck drivers, fore- men,,supervisor s, and office and clerical, employees, constitute aunit appropriate for, the purposes of collective bargaining within the meaning of Section 9, (b) of, the National Labor Relations Act. 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, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Burton-Dixie Corporation, Chicago, Illinois, an election by secret ballot shall be,conducted as, early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regu- lations, among all production and maintenance employees, of the' Coin- pany's Chicago plant who were employed during the pay-roll period immediately preceding the date of this Direction, including watch- men and employees who did not work during such pay-roll 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 exclud- ing truck drivers, foremen, supervisors, and office and clerical em- ployees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Mattress Spring and Bedding Workers Local Union 185 of Uphol- sterers International Union of North America, affiliated with the A. F. of L., for the purposes of collective bargaining.