Washington Tobacco Co.

In the Matter of WASHINGTON TOBACCO COMPANY, EMPLOYER and UNITED TRANSPORT SERVICE EMPLOYEES UNION, CIO, PETITIONER' Case No. 34-RC-103.-Decided May 9, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Wilson, North Carolina, on December 14, 1948, before Miles J. McCormick, hearing officer.2 The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer, a North Carolina corporation, is engaged in the purchasing, redrying, and reselling of green leaf tobacco at its only plant in Washington, North Carolina. During 1948, the Employer purchased 2,892,162 pounds of green leaf tobacco valued at $1,262,- 693.27. During the same period, it sold 2,152,946 pounds of tobacco valued at $1,069,535.28 of which 60 percent, was redried by the Em- ployer and 40 percent sold in the green form, as purchased. All the tobacco was purchased from tobacco auction warehouses within North Carolina, and all the tobacco was sold to local leaf tobacco dealers, brokers, and speculators within North Carolina who, in turn, resell the tobacco to concerns engaged directly in interstate commerce.3 We find, contrary to the contention of the Employer, that it is en- gaged in commerce within the meaning of the National Labor Relations Act.4 2. The Petitioner, a labor organization, claims to represent employ- ees of the Employer. I Petitioner's name appears as amended at the hearing. 2 Following a Board order directing that the record be reopened for further evidence with respect to the Employer 's commerce activities , the parties entered into a stipulation in lieu of further evidence to be adduced under the terms of such order. The stipulation has been received and made part of the record in the instant proceeding 3 Some of the concerns are R J Reynolds Tobacco Company , American Tobacco Company and P . Lorillard Company, over which the Beard has , in the past , asserted jurisdiction. See Matter of R J. Reynolds Tobacco Company, 52 N L. R. B 1311, Matter of American To- bacco Company, 59 N L . R. B 928 ; and Matter of P Lorillard Company, 73 N L. R B. 596. 4 See Matter of J. C Ellis ( Oil Production ), 72 N L R B. 474. 83 N. L. R. B., No. 67. 437 844340-50-vol. 83-29 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. We find, in accordance with the stipulation of the parties that all production and maintenance employees at the Employer's Washing- ton, North Carolina, tobacco redrying plant, including truck drivers, but excluding office clerical employees, watchmen, guards, and super- visors as defined by the Act, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. 5. Because the Employer's operations are seasonal,5 the parties agree that an election should not be held at this time. We shall not, there- fore, fix a specific date for holding the election, but shall direct that an election be held at such -time during the 1949 tobacco processing season- as the Regional Director deems appropriate.' DIRECTION OF ELECTION As .part of the investigation to ascertain a representative for pur- poses of collective bargaining with the Employer an election by secret ballot shall be conducted during the tobacco processing season of 1949 on a date to be determined by the Regional Director for the Region in which this case was heard and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in para- graph numbered 4, above, who were employed during the pay-roll period immediately preceding the date on which the Regional Director issues the notice of election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargain- ing, by United Transport Service Employees Union, CIO. 5 The Employer's operations are contingent upon the opening and closing of the tobacco auction markets of Eastern North Carolina . As a general rule such operations begin about September 1 and continue through the first week in November. 6 See Matter of Liggett and Myers Tobacco Company, 74 N. L. R. B. 443, and Matter of Alaska Salmon Industry, Inc., 78 N. L. R B. 522.