Texas Creamery Cold Storage Co.

In the Matter of TEXAS CREAMERY COLD STORAGE COMPANY, EMPLOYER and AMALGAMATED MEAT CUTTERS AND BUTCHER; WORKMEN OF NORTH AMERICA, LOCAL UNION No. 103, A. F. OF L., PETITIONER Case No. 39-RC-013.-Decided October 5, 19, 50 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Charles Y. Latimer, hearing officer. The hearing officer's ruling made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles] . Upon the entire record in this case the Board funds : 1. The Employer, a wholly owned subsidiary of the Borden Com- pany of New Jersey, operates a public cold storage plant in Houston, Texas, adjacent to the Houston plant of the Borden Company. Dur- ing the past year the Employer purchased supplies valued at approxi- mately $25,000, none of which originated outside the State of Texas. During the same period, the Employer's sales exceeded $100,000, of which approximately 26 percent was made to na- tional concerns with branch offices in Texas and 23/10 percent was made to consumers located outside the State. Among the national concerns to whom the Employer made sales are Armour & Company; Cudahy Packing Company; Emulsol Corporation; Fairmont Foods, Inc.; W. T. Grant; National Biscuit Corporation; Rath Packing Company; and the Borden Company. The Employer' s manager, hired by the Borden Company Southern Division, serves both as manager for the Employer and as an officer of the Borden Company Southern Division. The Employer makes monthly and annual re- ports to the Borden Company; its books are audited annually at the direction of the Borden Company; and all surplus funds of the Em- ployer are transferred to the account of the Borden Company. We find, contrary to the Employer's contention, that its activities affect commerce within the meaning of the Act, and that as it is an 91 NLRB No. 52. 704 TEXAS CREAMERY COLD STORAGE COMPANY 705 integral part of a multistate enterprise, it would effectuate the policies of the Act to assert jurisdiction in this case.' 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 certain employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. In accordance with the agreement of the 'Employer and the Petitioner, we find that the following employees of the Employer constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All hourly paid employees at the Employer's Houston, Texas, cold storage plant, excluding office clerical employees, manager, assistant manager, superintendent, and all other supervisors. [Text of Direction of Election omitted from publication in this volume.] ' The Borden Company, 91 NLRB 628.