Bemis Brothers Bag Co.

National Labor Relations Board - Board Decisions

Mar 10, 1939

11 N.L.R.B. 1088 (N.L.R.B. 1939)

In the Matter of BEMIS BROTHERS BAG COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
Case No. R-1123
SECOND SUPPLEMENTAL DECISION
AND
ORDER
March 10, 1939
On December 6, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case,' directing that an election by secret ballot be con-
ducted within fifteen (15) days from the date of the Direction, among
all production and maintenance employees of Bemis Brothers Bag
Company at its Bemis, Tennessee, plant, whose names appear on the
pay roll for the week ending October 22, 1938, with certain modifi-
cations, but excluding clerical and supervisory employees and em-
ployees who have since quit or been discharged for cause, to deter-
mine whether they desired to be represented by Textile Workers
Organizing Committee, affiliated with the Committee for Industrial
Organization, or by Affiliated Workers of Bemis, for the purposes of
collective bargaining, or by neither. On January 24, 1939, the Board
issued a Supplemental Decision and Direction of Election,2 directing
that a run-off election be held to determine whether such employees
desired to be represented by Textile Workers Organizing Committee,
affiliated with the Committee for Industrial Organization, for the
purpose of collective bargaining.
Pursuant to the Supplemental Decision and Direction of Election,
an election by secret ballot was conducted on February 7, 1939, at
Bemis, Tennessee, under the direction and supervision of the Regional
Director for the Tenth Region (Atlanta, Georgia). On February 10,
1939, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended, issued and duly served upon the parties an Interme-
diate Report on the ballot. No objections or exceptions to the Inter-
mediate Report have been filed by any of the parties.
110 N. L. R B. 235.
2 10 N . L. R. B. 240.
11 N. L. R. B., No. 96.
1088
BEMIS BROTHERS BAG COMPANY ET AL. 1089
As to the results of the secret ballot, the Regional Director re-
ported as follows :
Total number eligible_______________________________________ 814
Total ballots cast___________________________________________ 796
Total number of ballots cast for Textile Workers Organizing
Committee , affiliated with the C. I. 0______________________ 324
Total number of ballots cast against Textile Workers Organ-
izing Committee , affiliated with the C. I. 0_________________ 459
Total number of challenged ballots __________________________ 11
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 2
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees. The
petition for investigation and certification of representatives of em-
ployees of Bemis Brothers Bag Company, Bemis, Tennessee, 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 cer-
tification of representatives of employees of Bemis Brothers Bag
Company, Bemis, Tennessee, filed by Textile Workers Organizing
Committee, be, and it hereby is, dismissed.