The Buckeye Cotton Oil Co.

In the Matter of THE BUCKEYE COTTON OIL COMPANY and UNITED CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF AMER- ICA, LOCAL 19, C. I. O. Case No. R40,97.-Decided October 11, 1941 Jurisdiction : cottonseed, soya bean oil, pulp, rayon, plastic, and junk cotton manufacturing industry. Investigation and Certification of Representatives : existence of question: Com- pany refused to accord union recognition until certification by Board ; election necessary. Units Appropriate for Collective Bargaining : employees at each of two of three plants of Company exclusive of supervisory and clerical employees. Mr. George W. McLaughlin, of New York City, and Mr. H. W. Laughlin, Jr., of Memphis, Tenn., for the Company. Mr. William Haber, of Memphis, Tenn., for the C. I. O. Mr. Roy W. ,Grow, of Memphis, Tenn., for the Operating Engi- neers. Mr. Wilson W. Rowland, of Memphis, Tenn., for the Amalgamated. Mr. Hugh Stanton, of Memphis, Tenn., for the Independent.. Hiss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On August 25, 1941, and September 15, 1941, respectively , United Cannery, Agricultural , Packing and Allied Workers of America,, Local 19, C. I . 0., herein called the C. I. 0., filed with the Regional Director for the Tenth Region (Atlanta, Georgia ) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Buckeye Cotton Oil Company, Memphis , Tennessee, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act,. 49 Stat. 449 , herein called the Act. On September 12, 1941, the Na- tional Labor Relations Board, herein called the Board, acting pur- 36 N. L. R. B., No. 10. 76 THE BUCKEYE COTTON OIL COMPANY 77 suant 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 September 13, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the C. I. 0., and upon International Union of Operating Engineers, A. F. of L., herein called the Operating Engineers, Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 586, herein called the Amalgamated, and Independent Association of Em- ployees of The Buckeye Cotton Oil Company-Jackson Avenue Plants and Hollywood Mill, herein called the Independent, labor organizations claiming to represent employees of the Company. Pursuant to notice, a hearing was held on September 19, 1941, at Memphis, Tennessee, before Earle K. Shawe, the Trial Examiner duly designated by the Chief Trial Examiner. All parties were rep- resented and participated in the hearing? Full opportunity to be heard, to examine and 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 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 preju- dicial errors were committed. The rulings are hereby affirmed. Following the hearing, the Operating Engineers requested that its name not be placed upon the ballot in the event an election should be ordered by the Board, and withdrew from all further proceedings in the case. Its request is hereby granted. Upon the entire record in the case, the Board makes; the following : FINDINGS OF FACT 1. THE BUSINESS OD THE COMPANY The Buckeye Cotton Oil Company is an Ohio corporation which operates .a number of plants throughout the Southern States. The plants with which this proceeding is concerned are located in Mem- phis, Tennessee, and are known as the Jackson Avenue plants and the Hollywood Mill. The Jackson Avenue plants consist of a pulp division in which the Company manufactures pulp, rayon, plastics, junk cotton and other products, and an oil mill in which soya beans are crushed. The Hollywood Mill is a cottonseed. oil crushing plant. The Company purchases a minimum of $300,000 worth of raw ma- ' During the course of the hearing the Amalgamated withdrew from the case. 78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD terials for these plants annually. About 50 per cent of the raw materials purchased for the pulp division of the Jackson Avenue plants, and about 80 per cent of the materials purchased for the oil mills is shipped to the Company from outside the State of Tennessee. The Company's annual sales of finished products total approximately $400,000. About 70 to 80 per cent of the products of the pulp divi- sion and approximately 60 per cent of the products of the oil plants are shipped to points outside the State of Tennessee. The Company admits that it is engaged in commerce within the meaning of the Act. H. THE ORGANIZATIONS INVOLVED United Cannery, Agricultural, Packing and Allied Workers of America, Local 19, is a labor organization affiliated with the Congress of Industrial Organizations. International Union of Operating En- gineers is a labor organization affiliated with the American Federa- tion of Labor. Independent Association of Employees of The Buck- eye Cotton Oil Company-Jackson Avenue Plants and Hollywood Mill, is an unaffiliated labor organization. All admit to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The C. I. O. began organizing employees of the Company in July 1941, the Independent on July 25, 1941, and the Operating Engineers in the latter part of August 1941. At least two of these unions (the record does not specify which ones) requested recognition by the Company, which was refused until the Board certifies a repre- sentative for collective bargaining. A statement of the Trial Examiner at the hearing indicates that the C. I. O. and the independent each represents a substantial num- ber of employees in the unit which each contends is appropriate.2 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 2 The P. I. O. presented 835 authorization cards, of which 710 were decipherable and of which 185 were signed by employees at the Company's Hollywood mill and 525 were signed by persons at the Jackson Avenue plants. The Independent submitted 699 appli- cation cards, of which 108 were signed by employees at the Hollywood mill and 591 by employees at the Jackson Avenue plants. There are about 800 employees at the pulp division, about 100 at the oil mill, and approximately 250 at the Hollywood Mill. THE BUCKEYE COTTON OIL COMPANY 79 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNITS The ' Company has three plants in Memphis, the Jackson Avenue plants, consisting of a pulp division and an oil mill which are on the same property, and the Hollywood Mill which is about two miles from the Jackson Avenue plants. All parties were agreed that two units should be found appropriate, one for the Jackson Avenue plants and the other for the Hollywood Mill, and that supervisory and clerical employees should be excluded from both units. We find that all employees of the Jackson Avenue plants of the Company, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. We find also that all employees of the Hollywood Mill of the Company, excluding supervisory and clerical employees constitute an appro- priate unit. We further find that the above, units will insure to employees of the Company the full benefit 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 holding elections by secret ballot. The parties agreed that, with respect to the pulp division of the Jackson Avenue plants, the pay.roll of September 13, 1941; shall be used to determine those eligible to vote, and that, with respect to the remain- ing plants, the pay rolls of September 17, 1941, shall be used to determine eligibility to vote.3 The operations of the Company are seasonal, but a witness testified that at the time of the hearing the operations were typical of those occurring during the movement of crops. We find that the employees of the Company eligible to vote in the elections shall be those in the appropriate units whose names appear on the pay roll of the Company for September 13, 1941, if employed in the pulp division, and on the pay rolls of September 17, 1941, if employed in the oil mill or Hollywood Mill, subject to such limitations and additions as are hereinafter set forth in the Direction. Upon the basis of the above findings of fact and upon the entire -record in the case, the Board makes the following : 3 At the hearing the parties agreed that Fred Chastain, A. R. Dodds, and W. J. Free- man, who appear on the pay roll of the pulp division as supervisory employees, are not supervisory and shall be entitled to vote. 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A. question affecting commerce has arisen concerning the repre- sentation of employees of The Buckeye Cotton Oil Company, Memphis, Tennessee, within'the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Jackson Avenue plants of the Company, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All employees of the Hollywood Mill of the Company, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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, 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 The Buckeye Cotton Oil' Company, Memphis, Tennessee, elec- tions by secret ballot shall be conducted as soon as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among: (1)'all employees of the Jackson Avenue plants of the Company who were employed during the pay-roll period end- ing September 13, 1941, if employed in the pulp division, and during the pay-roll period ending September 17, 1941, if employed in the oil mill, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United -States, or temporarily laid off, but excluding supervisory and clerical employees and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Cannery, Agricultural, Pack- ing and Allied Workers of America, Local 19, C. I. 0., or by Independent Association of Employees of Buckeye Jackson Avenue Plants, for the purposes of collective bargaining or by neither; and (2) among all employees of the Hollywood Mill of the Company who were employed during the pay-roll period ending September 17, 1941, THE BUCKEYE COTTON OIL COMPANY 81 including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but exclud- ing supervisory and clerical employees and employees who have since quit or-been discharged for cause, to determine whether they desire to be represented by United Cannery Agricultural, Packing and Allied Workers of America, Local 19, C. I. 0., or by Independent Association of Employees of Buckeye Hollywood Mill, for the purposes of collective bargaining, or by neither. 433118-42-vol. 36-7