Southern Cotton Oil Co.

National Labor Relations Board - Board Decisions

Nov 16, 1944

59 N.L.R.B. 307 (N.L.R.B. 1944)

In the Matter of SOUTHERN COTTON OII. COMPANY AND SOUTHPORT
PAINT COMPANY and FEDERAL LABOR UNION #23698, A. F. L.
Case No.10 R-1263.-Decided November 16, 1944
Mr. Alexander E. Wilson, Jr., of Atlanta, Ga., and Mr. George
O'Donnell, of Savannah, Ga., for the Companies.
Messrs. George H. McGee and George R. Smith, of Savannah, Ga.,
for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition 1 duly filed by Federal Labor Union
#23698, A. F. L., herein called the Union, alleging that a question
affecting commerce had arisen concerning.the representation of em-
ployees of Southern Cotton Oil Company, Savannah, Georgia, herein
called Southern, and Southport Paint Company, Savannah, Georgia,
herein called Southport, both referred to herein collectively as the
Companies, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Arthur C. Joy, Trial
Examiner. Said hearing was held at Savannah, Georgia, on October
2, 1944. The Companies and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. On October 9,
1944, the Companies filed a joint brief requesting that the amended
petition be dismissed for the reasons that (1) since the Union did not
request recognition from Southport, no question concerning represen-
tation has arisen; and (2) inclusion of watchmen in a bargaining unit,
as requested in the amended petition, would be against public policy
and contrary to the war effort. As an alternative to their request that
' Petition amended so as to name Southport Paint Company as a party.
59 N. L R B, No. 65.
307
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the amended petition be dismissed because it seeks the inclusion of
watchmen, the Companies ask that an appropriate unit be established
excluding watchmen. For reasons set forth in Sections III and IV,
infra, we hereby deny the Companies' application for a dismissal of the
amended petition.2
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Southern Cotton Oil Company is a New Jersey corporation with
numerous properties scattered throughout the country. Only those
at Savannah, Georgia, located on Lathrop Avenue, are involved in
this proceeding. Southport Paint Company is a Delaware corporation
and the Savannah plant, located on Lathrop Avenue, which is involved
in this proceeding, is the only plant owned by it. It is a wholly-owned
subsidiary of the Southern Cotton Oil Company, which apparently
has ultimate control over its business and labor policies.
The principal raw materials used by Southern are cottonseed and
crude vegetable oils. Most of the cottonseed is purchased in Georgia
and South Carolina, -approximately 50 percent in each State. The
cottonseed purchased has an annual value of approximately $500,000.
Crude oil is purchased by Southern principally in North and South
Carolina, Georgia, Florida, and Alabama. The value of the crude
oil purchased annually is in excess of $1,000,000. The principal fin-
ished products of Southern are, cottonseed meal, hulls, fertilizer,
shortening, cooking oil, and salad oil. The meals, hulls, and fertilizers
are sold principally in Georgia and South Carolina, approximately 50
percent in each State. The remaining products are sold in Virginia,
West Virginia, North and South Carolina, Florida, and Alabama; a
very small percentage is sold in West Virginia, and Alabama, and the
balance is fairly evenly divided among the other four States. The
annual value of its products is in excess of $1,000,000.
Southport buys raw materials consisting of pigments, linseed oil,
and varnish in the States of Pennsylvania, New Jersey, New York,
and Georgia. Its sales, which exceed $300,000 annually, are made in
southeastern States, approximately 80 to 85 percent of which repre-
sents sales of products sold and shipped to points outside the State
of Georgia.
The Companies do not deny, and we find, that they are engaged
in commerce within the meaning of the National Labor Relations Act.
3 As noted In Section IV , infra, watchmen are excluded from the appropriate unit.
SOUTHERN COTTON OIL COMPANY
II. THE ORGANIZATION INVOLVED
309
Federal Labor Union #23698, affiliated with the American Federa-
tion of Labor, is a labor organization admitting to membership em-
ployees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
On July 17, 1944, the Union informed Southern that it represented
a majority of Southern's employees. Subsequently, Southern refused
to accord recognition to the Union unless it was first certified by the
Board. The Companies claim that no request for recognition was
made of Southport, and consequently no question concerning repre-
sentation has arisen.
In the instant proceeding the Union seeks to represent employees
engaged both by Southern and Southport. The amended petition
filed by the Union reflects this fact. Moreover, the Union's desire in
this respect was brought home to the Companies at the time of the
hearing. In fact, as will hereinafter be indicated, all parties agree
that the appropriate unit should embrace employees of both Companies
at the latter's properties on Lathrop Avenue, Savannah, Georgia.
Yet the Companies did not state at the hearing that they would accord
recognition to the Union as the representative of the employees in
the unit hereinafter found appropriate.3 -
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a bargaining unit consisting of all employees of
the Companies at their properties on Lathrop Avenue, Savannah,
Georgia, including subforemen and watchmen, but excluding the em-
ployees of the peanut shelling plant, the employees of the crude mill
or crushing plant, all general office employees, laboratory chemists
and analysts, shipping clerks, and supervisory employees above the
grade of subforemen. The Companies agree with the position of the
Union, except that they -would exclude the watchmen.
See Matter of Houston Blow Pipe and Sheet Metal Works , 53 N. L . R. B. 184. -
The Field Examiner reported that the Union submitted 224 application for membership
cards ; that the names of 236 persons appearing on the cards were listed on the Companies'
pay rolls , which contained the names of 239 employees in the alleged appropriate unit ;
and that the cards were dated : 113 in May 1944, 48 in June 1944 , 25 in July 1944, 3 in
August 1944 , 33 in September 1944, and 2 undated. Southport 's Savannah plant has 26
employees , for whom the Union submitted 17 cards.
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Watchmaen. The Companies employ four regular watchmen and one
who acts as a substitute watchman. The substitute watchman acts as a
yard foreman the major portion of his time while not engaged as a
watchman. -All five watchmen are deputized and armed, but not
uniformed. In view of our customary policy of excluding deputized
watchmen or guards from units of production and maintenance em-
ployees, we shall exclude the five watchmen.5
We find that all employees of Southern Cotton Oil Company and
of Southport Paint Company at their properties on Lathrop Avenue,
Savannah, Georgia, including subforemen," but excluding the em-
ployees of the peanut shelling plant, the employees of the crude mill
or crushing plant, all general office employees, clerical employees,
laboratory chemists and analysts, shipping clerks, watchmen, super-
visory employees above the rank of subforemen, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein 7 subject to the limitations and additions set forth in the
Direction.
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 3, as amended, it is-
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Southern Cot-
Matter of Cincinnati Gas & Electric Company, 57 N. L. R. B . 1298. Although the
Union requested a separate unit of watchmen in the event of their exclusion from- the
comprehensive unit hereinafter found appropriate, there is no evidence of its'representation
among these employees . We shall not, therefore , establish a separate unit of watchmen,
but this action shall be without prejudice to the filing . of a petition affecting such
employees.
:The parties agree to include these employees . We are persuaded from the record that
they do not fall within the meaning of our customary definition of supervisory employees.
' while the Companies and the Union ask that an eligibility date of October 4 , 1 944, be
used ,, no reason was assigned for this request . Consequently , we shall adhere to our
customary procedure.
SOUTHERN COTTON OIL COMPANY 311
ton Oil Company and Southport Paint Company, Savannah, Georgia,
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,
under the direction 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, Sections 10 and
11, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Di-
rection, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off,
and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by Federal
Labor Union #23698, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.