Burton-Dixie Corp.

National Labor Relations Board - Board Decisions

Mar 25, 1943

48 N.L.R.B. 543 (N.L.R.B. 1943)

In the Matter of BURTON-DIXIE CORPORATION and LOCAL No. 1217,
C. I. O.
Case No. )?-4,984.-Decided March 25, 1943
Jurisdiction : mattress and upholstery cotton manufacturing industry.
Investigation ^ and Certification of Representatives : existence of question : re-
fusal to recognize the union until certified by the Board ; immediate election
directed although there was pending before the Board a proceeding against
the company upon charges alleging unfair labor practices, when the union
formally waived the right to protest an election in the instant case on any
ground set forth in that proceeding; employees alleged to have been discrimi-
natorily discharged, held eligible to vote, but their ballots directed to be segre-
gated And' ruling as to their validity deferred ; election necessary.
Unit Appropriate for. Collective Bargaining : production and maintenance em-
ployees, excluding supervisory and clerical employees ; no controversy as to.
Fyffe cC Clarke, by Mr. Albert J. Smith; of Chicago, Ill., for the
Company.
'Mr.-. Russell White, of Lansing, Mich., for the C. I.-O.
Mr. Marvin C. Wahl, of counsel to the board.
DECISION
AND -
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local No. 1217, C. I. 0., herein called
the C. I. 0., alleging that a question affecting commerce had arisen
concerning the representation-of employees of Burton-Dixie Corpora,,-„
tion, Lansing, Michigan, herein called the Company, the National
Labor Relations Board provided for-an appropriate hearing upon
due notice before Robert J. Wiener, Trial Examiner. Said hearing
was held at Lansing, Michigan, on March 11, 1943. The Company
and the C. I. O. appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and' to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the -following :
48 N" E. R. B., No. 69.
543
544
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1'
Burton-Dixie Corporation is a Delaware corporation, engaged at
Lansing, Michigan, in the manufacture of mattresses and upholstery
cotton for furniture. The principal raw materials used by the Com-
pany are cotton' and ticking. - In 1942 the Company purchased mate-
rials valued at more than $100,000, of which 80 percent was received
from points outside Michigan. During the same year the Company's
total sales amounted to more than $150,000, of which about 5 percent
,was sold directly to sources outside Michigan.
II. THE ORGANIZATION INVOLVED
Local No. 1217, affiliated with the Congress of Industrial'Organiza-
tions, is a "labor organization admitting to membership employees of
the Company.
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On January 15, 1943, the C. I. O. advised the Company that it repre-
sented a majority of -the, production and maintenance employees of
the Company and requested-recognition as their exclusive bargaining
representative. The Company refused to grant such recognition
until the C. I. O. was certified by the Board.
A statement of the Trial Examiner at the hearing indicates that
the C. I. O. represents a substantial number of; employees in the unit
hereinafter found appropriate'
We find that a question affecting commerce has risen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2• (6) and '(7) of the Act.
IV. THE APPROPRIATE UNIT
The C. I. O. requests a unit composed - of all production and mainte-
nance employees of the Company,-excluding supervisory.,and clerical
employees . The Company'does not contest the appropriateness of the
claimed unit,
We,find that all production and maintenance employees of the
Company, excluding supervisory, and clerical , employees ; constitute a
%:f !+ r
The Trial Examiner stated that the C I 0 submitted 28 authorization cards, 13 of
which • boie the names of persons whose names also appeaied on the Company ' s pay roll
of March 2 , 1943 ; said pay roll contained' 27 , names 'in all , ; A lI 43 , cards ,were dated in
January 1943 except for 1 «hich was undated ; 10 of the cards bore apparently genuine
smg.uiuu'es. • 0
'B'URTON-DIXIE CORPORATION ' i ` • , 545
unit. appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMIINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. J
There is pending before the Board a proceeding against the Com-
pany upon charges alleging unfair labor practices including, inter alia,
the alleged discriminatory discharges of Sara Hayes, Gerald Wallace,
and Llewelyn Clement.2 The Union, however, desiring an early elec-
tion, has formally waived the right to protest an election in this case
on any grounds set forth in that proceeding. Accordingly, we shall
not postpone the election pending a determination of the unfair labor
practice charges. In the event that the Company is hereafter found
to have engaged in unfair labor piactices in discharging Sara Hayes,
Gerald Wallace, and Llewelyn Clement and the Board orders their
reinstatement, their continuing employee status will have been estab-
lished. We shall, therefore, in accordance with our usual practice
in this respect, permit Sara Hayes, Gerald Wallace, and Llewelyn
Clement to cast their ballots in the election. However, their ballots
shall be segregated and we shall defer ruling as to their validity.
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 Adt , and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby '
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Burton-Dixie
Corporation , Lansing, Michigan , 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 Seventh Region acting in this matter as
agent for the National Laboi Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations , among all employees
of the Company in the unit found appropriate in 'Section IV above,
2 Matter of Bu) ton-Diane Corp and Local 1£17, C 10. (Case No VII-C-1127).
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing, said pay-roll period because they were ill or on vacation or tem-
porarily laid'off, and including employees in the armed forces of the,
United States who present themselves in person at the polls, but ex-
cluding'any who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Local No. 1217,
C. 1. 0. for the purposes of collective bargaining.'