Pine Bluff Cotton Oil Mill

In the ,Mattel Of PINE BLUFF 'COTTON OIL MILL and LOCAL 265, INTER- NATIONAL BROTHERHOOD OF FIREMEN , OILERS, HELPERS, ROUNb HOUSE AND RAILWAY SHOP LABORERS, AFFILIATED WITH THE AMERI- CAN FEDERATION OF LABOR Case No. R-33 Decided December 5, 1941 `Investigation and Certification of Representatives : stipulation for. certification of representative's upon consent election. Mr. Leonard M. Brin and Mr. C. Paul Barker, for the Board. Mr. R. L. Stigler, for the Company. Mr. Lee Andersbni, of Jonesboro, Ark., for the International. ,Mr. William Haber, of Memphis, Tenn., for the United. Mr. George A. Koplow, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On October, 29, 1941, Local 265, International Brotherhood of Firemen, Oilers, Helpers, Round House and Railway Shop Laborers, affiliated with the American Federation of Labor, herein called ,the International,' filed with the Regional Director for the Fifteenth Region ,(New Orleans, Louisiana) iz petition alleging that a question affecting commerce had, arisen, concerning the representation of em- ployees of Pine Bluff Cotton Oil Mill, herein called the Company,2 which is a part or division of Armour and Company of Delaware, and which is engaged' in. the production of cottonseed products at Pine Bluff, Arkansas, and requesting an investigation and certifica- tion of representatives pursuant. to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein -called the Act. On No- vember 3, 1941, the National. Labor Relations Board, herein called ' The International was referred to in the petition and certain other formal papers as International Brotherhood of Firemen , Oilers, Helpers , Roundhouse and Railway Shop Laborers , affiliated with the American Federation of Labor, and by certain other designa- tions differing slightly from that set forth herein. ' 2 The Company was designated in certain -of the formal papers by appellations differing slightly from that set forth herein. 37 N. L. R. B., No. 50. • 316 PINE' BLUFF COTTON OIL MILL 317 the Board, acting pursuant to Section 9 (c), of the Act and Article III., Section 3, of National Labor Relations Board Rules and, Regu= lations-, 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 November, 3, 1941, the Company, the International, a field examiner and an attorney for the Board, and Local 19, United Can- nery, Agricultural; Packing and Allied Workers of America, C. I. 0., herein called the United, a labor organization claiming to represent employees involved in this proceeding, entered into a "STIPULATION rOR CERTIFICATION OF REPRESENTATIVES UPON CONSENT ELECTION." Pursuant to the stipulation an election by secret ballot was con- ducted on November 11, 1941, under the direction and supervision of the Regional Director, among all production and maintenance employees of the Company, excluding supervisory employees, office employees, watchmen and Government Seed Testers, also, salesmen and seed buyers, to determine whether said employees desired to be repre- sented by the International or by the United, for the purposes of collective bargaining, or by neither. On November 15, 1941, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or to the Election Report have been filed by any of the: parties. In his Election Report, the Regional Director reported as follows concerning the balloting and its results : Total 'on eligibility •list______________________________________ 68 Total ballots cast--------------------------- _____-_-____,---- 66 Total ballots challenged _____________________________________ 0 Total`blank ballots -----------------------------------------0 Total void ballots_____________________________________ 0 Total valid votes counted________ 66 Votes east for Local 265, International Brotherhood of Fire- men, Oilers, Helpers, Round House and Railway Shop Labor- ers, affiliated with the American Federation of Labor ------- 52 Votes cast for Local 19, United Cannery, Agricultural, Pack- ing and Allied Workers of America, affiliated with Congress of Industrial Organizations_______________________________ 0 Votes cast for no union_____________________________________ 14 Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Pine Bluff Cotton Oil Mill, Pine Bluff, Arkansas, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 318 DECISIONS OF, NATIONAL, LABOR RELATIONS BOARD ,.',2.All ' production 'and maintenance employees of the Company, excluding,: supervisory, employees, • office employees, watchmen and Government Seed- Testers, also salesmen and seed. buyers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National LaborRelations -Act. , ,i3-. Local, 265,, International Brotherhood of Firemen, Oilers, Help- ers,Round -House and Railway Shop Laborers, affiliated -with the American Federation of -Labor, has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive repre- sentative of all employees in said unit, within the meaning of Section 9(a) of the, National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES . By -virtue of and and pursuant to the power vested in the National Labor ' Relations Board by Section 9 (c) ' of, the National Labor Relations Act; ' IT IS HEREBY CERTIFIED that Local 265, Internatioiial''Brotherhood of Firemen; Oil'ers,''Helpers, Round House and Railway Shop Laborers, affiliated 'with 'the American Federation of Labor, 'has been desig-, iate'd'and' selected by'a' majority'of all production and maintenance employee`s of"Pine Bluff Cotton' Oil Mill, Pine Bluff, Arkansas, e'x eluding supervisory employees, ;office employees, watchmen and Gov- ernment Seed Testers, also salesmen and seed 'buyers, a's 'the'ir' repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (c)' of the Act, Local 265, International Brotherhood of Firemen, Oilers, Helpers, Round House and Railway Shop Laborers, affiliated with American Federation of Labor, is the exclusive repre- sentative of all such employees for the purposes of, collective bar- gaining in respect to rates of pay, wages, hours-of employment, and other conditions' of employment. - ' ' -r