Choctaw Cotton Oil Co.

In the Matter of CHOCTAW COTTON OIL COMPANY, EMPLOYER and INTERNATIONAL CHEMICAL WORKERS UNION7 A. F. OF L., PETITIONER Case No. 16-RC-308.-Decided June 23,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before E. Don Wilson, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization named below claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.' 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Mc- Alester, Oklahoma, plant, excluding office, clerical, laboratory and technical employees, watchmen 2 and supervisors as defined in the Act- I The Employer, moved to dismiss the petition claiming (1) that it expected to close or sell its plant before July 1 , 1949, and ( 2) that its turnover is very large, more than 50 percent of its pay roll As to ( 1), the record discloses that no definite plans have yet been completed either for closing or selling the plant . In these circumstances , ', a find no sufficient reason to defer an election order Matter of Victor Electric Products, Inc, 79 N L R. B. 373 ; Matter of Hinzman if Waldman Marine Corp , 76 N. L. R B 502. As to (2), the mere high rate of turnover will not warrant the denial of an election. Matter of Cain Canning Company, 81 N. L. R. B 213. 1 2 During the season while the plant is in operation , one watchman is employed, who spends approximately one-sixth of his working time in making the rounds and punching 84 N. L. R. B., No. 77. 660 CHOCTAW COTTON OIL COMPANY 661 5. The Employer's operations are seasonal in nature, the peak of the season being between early September and late February. It ap- pears that during the off season the Employer employs about 3 or 4 employees at most, whereas during the peak season the number is in- creased to between 25 and 30. Under these circumstances an election held at this time would not be representative. Accordingly, we shall direct that an election be held at or near the peak season, at such time as the Regional Director for the Sixteenth Region finds that a repre- sentative number of employees is employed.3 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted on a date to be selected by the Regional Director subject to the instructions set forth in paragraph 5, above, under the direction and supervision of the Regional Director for the Sixteenth Region, 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 are employed during the pay-roll period immediately preceding the date of the issuance of Notice of Election by the Regional Director, including employees who do not work during said pay-roll period because they are ill or on vacation or temporarily laid off, but excluding those employees who have there- after quit or been discharged for cause and are not 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 International Chemical Workers Union, A. F. of L. clocks, and the balance of his time in the duties of a maintenance employee. When the plant is closed, which usually is for a period of more than 6 months each year, another employee is also engaged as a watchman, and both employees spend full time in plant- protection duties. In these circumstances, we find that the watchmen are guards within the meaning of the Act. We shall therefore exclude them from the unit. Matter of Wratight's Inc., 81 N. L. R. B. 65, and cases cited therein. 8 Matter of Cain Canning Company, supra; Matter of Ballantine Produce Co., 81 N L. R. B. 629.