DeSoto Oil Co.

(.. ." .-1''.7 In the Matter of DESOTO OIL COMPANY and UNITED CANNERY, AGRI- CULTURAL, PACKING AND ALLIED WORKERS OF AMERICA Case,No. R-2133.-Decided November 27, 1940 Jurisdiction : cottonseed processing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives ; election necessary. - Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding clerical and supervisory employees. Miles, & Miles, by Mr. Lovick P. Miles) Jr., of Memphis, Tenn., for the Company. Mr. Robert E. Himmaugh, of Memphis, Tenn., for the United. Mr. E. C. Conser, of Memphis, Tenn., for the Engineers. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF'THE CASE On October 3, 1940, United Cannery, Agricultural, Packing and Allied Workers of America, herein called the United, filed with the Regional Director for the Tenth Region (Atlanta, Georgia), a peti- tion alleging that a question affecting commerce had arisen concern ing the representation of employees of DeSoto Oil Company, Mem- phis, Tennessee, herein called the Company, and requesting an inves- tigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 19 the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and -Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 28 the Regional Director issued a' notice of hearing, copies of which were duly served upon the Company, the United, and upon Engineers, Local Union No. 92, International Union of Oper- ating Engineers, herein called the Engineers, a labor organization 28 N. L. It. B., No. 22. 141 142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD claiming to represent employees directly affected by the investiga- tion. Pursuant to the notice a hearing was held on November 7 at Memphis, Tennessee, before Alexander E. Wilson, Jr., the Trial Examiner duly designated by the Board. The Company, the United, and the Engineers were represented either,by counsel or their repre- sentative and participated in the hearing. Full opportunity to be heard, to examine and to cross=examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY DeSoto Oil Company is a Tennessee corporation, having its prin- cipal place of business and a plant at Memphis, Tennessee. It is engaged in the business of processing cottonseed and in selling and distributing the products derived therefrom, consisting of crude cot- tonseed oil, cottonseed meal, cottonseed cake, cottonseed hulls, cotton- seed linters, and first and second culls. Between 75 and 80 per cent of the cottonseed used by it in the course of production at the Mem- phis plant are purchased and shipped to the plant from outside the State of Tennessee. All products of the plant are sold through brokers and dealers in Memphis, Tennessee, f. o. b. the plant, some to customers outside the State of Tennessee, others to customers, espe- cially refineries, in the State, for further refining and sale and dis- tribution outside the State. Approximately 90 per cent of the Company's products in one form or another ultimately reach points outside the State of Tennessee. II. THE ORGANIZATIONS INVOLVED United Cannery, Agricultural, Packing and Allied Workers of, America is a labor organization affiliated with Congress of Industrial Organizations. Engineers Local Union No. 92, International Union- of Operating Engineers, is a local of International Union of Operat- ing Engineers, a labor organization affiliated with American Federa- tion of Labor. The United and the Engineers each admit to mem- bership production and maintenance employees of the Company, exclusive of clerical and supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION Both the United and the Engineers claim to represent for collective bargaining purposes a majority of the employees within the bargain- DESOTO OIL COMPANY 143 ing unit hereinafter found to be appropriate. The Company refused and refuses to recognize either the United or the Engineers as the exclusive bargaining agency of any of its employees until the matter is determined by the Board. At the hearing the Trial Examiner reported and stated for the purposes of the record that a substantial number of persons employed by the Company within said unit had designated both the United and the Engineers, respectively, as their collective bargaining agency.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the United and the Engineers stipulated that all production and maintenance employees of the Company, excluding clerical and supervisory employees, may be found to constitute an appropriate collective bargaining unit. The Company takes no posi- tion with respect to the matter. We see no reason for not finding in accordance with the stipulation. We find that all production and maintenance employees of the Company, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full bene- fit of their right to self-organization and' to collective bargaining and-otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. We shall use as the date for determining eligibility of em- ployees to vote the pay-roll period next preceding the date of the Direction of Election, subject to such limitations and additions as are set forth in the Direction. 'At the time of the, hearing the Company employed approximately 110 employees. The Trial Examiner reported that 61 employees had signed cards designating the Engineers, and 71 had signed cards designating the United, as their respective collective bargaining representative. 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon - the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre= sentation of employees of DeSoto ' Oil Company , Memphis, Tennessee, within the meaning of Section 9 (c) and Section 2 (6) , and (7) of the National Labor Relations Act. ' 2. All production and maintenance employees of the Company, excluding clerical and supervisory employees, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the National Labor Relations Act. 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 Act, 49 Stat: 449, and pursuant to Article_ III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2; as amended, it is hereby . DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives "for the purposes of collective bargaining with DeSoto Oil'Company , Memphis, Tennessee , 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 of Election , under the direc-, tion and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section . 9, of said Rules and Regulations; among all production and maintenance employees of the Company who were employed during the pay-roll period next preceding the date of this Direction , including employees who did not work during such pay-roll 'period because they were ill or on vacation and, who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause , and also excluding clerical and supervisory employees, to determine whether they desire to be represented by United Cannery, Agricultural, Pack- ing and Allied Workers of America, affiliated with Congress -of Industrial Organizations , or by Engineers Local Union No. 92, In- ternational Union of Operating Engineers , affiliated with American Federation of Labor, for the purposes of collective bargaining, or by neither. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election.