Delta Cooperative Compress

In the Matter of DELTA COOPERATIVE COMPRESS, EMPLOYER and INTERNATIONAL CHEMICAL WORKERS UNION, AFL, PETITIONER Case No. 15-RC-288.-Decided October 20, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Robert B. Stark, hearing officer. The hearing officer's rulings made at the hear- ing 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 [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is an agricultural cooperative association, or- ganized under the laws of the State of Mississippi. Members of the Employer include cotton farmers in 4 counties in the Mississippi Delta, who own the stock of the Employer, under license in con- formity with the United States Warehousing Act. Cotton grown on the plantations of the approximately 150 members of the Employer is ginned by the farmer, and then shipped to the Employer's warehouse, located at Greenville, Mississippi. About 30 percent of the cotton is received via the Illinois Central Railroad and the Columbus and Greenville Railroad; about 20 percent is received via trucks operated by the Columbus and Greenville Railroad; about 20 percent via trucks owned by other common carriers ; and about 30 percent is received via trucks of the individual cotton farmers. The Employer acts as agent for the railroads in the unloading of cotton received at the warehouse and in reloading cotton for shipment onto the railroads. The Employer does not own and has no interest of ownership in any of the baled cotton; it acts only as a storage and compression ware- house. The cotton is stored in the warehouse until orders are received for shipment when it is then compressed into smaller size for ship- ment by rail or vessel. All, of the cotton is received from farms within 86 N. L. R. B., No. 91. 649 650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the State of Mississippi, but all but a negligible portion is directly or ultimately shipped in interstate or foreign commerce. The number of bales of cotton stored fluctuates from about 25,000 to 40;000 bales annually. The Employer makes a charge. for storage and compression which total averages from $50,000 to $100,000 annually. The value of the cotton handled by the Employer amounts to "millions of dollars." Contrary to the contention of the Employer, we find that it is en- gaged in commerce within the meaning of the Act.' 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of 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 at its Greenville, Mississippi, warehouse, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees, including laborers han- dling receipt of the baled cotton, samplers, employees in the press group, and the fireman,2 but excluding guards, watchmen, professional employees, office and clerical workers, and all supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of 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, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily 1 Matter of Shippers Warehouse Company, 63 N. L. A. B. 1394. 2 The Employer testified that the fireman is the "general maintenance man." It is this employee's duty to keep up the sprinkler system, keep the compress in working order, fire the boilers , and perform repairs of all types. DELTA COOPERATIVE COMPRESS 651 laid off, but excluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated 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 bargaining, by Inter- national Chemical Workers Union, AFL.