Elberton Oil Mills

National Labor Relations Board - Board Decisions

Dec 16, 1944

59 N.L.R.B. 1107 (N.L.R.B. 1944)

In the Matter Of ELBERTON OIL MILLS and UNITED PACKINGHOUSE
WORKERS OF AMERICA, C. I. O.
Case No.-10-R-1338.-Decided December 16, 1944
Messrs. Raymonde Stapleton and John T. Dennis, of Elberton, Ga.,
for the Company.
Messrs. G. R . Hathaway and Tom R. Jones, of Atlanta, Ga., for the
Union.
Mr. Erwin: A. Peterson , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION I
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of the Elberton Oil Mills, Elberton, Georgia, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Albert D. Maynard, Trial
Examiner. Said hearing was held at Elberton, Georgia, on December
6, 1944. The Company 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. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Elberton Oil Mills, a Georgia corporation with its principal office
and place of business at Elberton, Georgia, is engaged in the ginning
of raw cotton, in the manufacture, sale, and distribution of cottonseed
oil, cottonseed meal, cottonseed linters, cottonseed hulls, soy bean oil,
59 N. L. R. B., No. 198.
1107
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and soy bean meal. During the period from August 1, 1943, to July
31, 1944, the Company purchased approximately 8,000 tons of cotton-
seed valued at approximately $480,000, and 3,400 tons of soy beans
valued at approximately $75,000. Approximately 50 percent of the
cottonseed and 100 percent of the soy beans were purchased from points
outside the State of Georgia. During the same period, the Company's
sales of finished products exceeded $700,000 in value, approximately
50 percent of which was shipped to points outside the State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on or about October 23, 1944, the Com-
pany received a letter from the Union requesting recognition as the
statutory bargaining agent of the Company's employees. The Com-
pany declined to recognize the Union unless and until the Union is
certified by the Board.
A statement of a Field Examiner, 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 Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Company's operations are seasonal. The season extends from
about September 1 to February or March, depending upon the amount
of. raw products available. Approximately 65 percent of the Com-
pany's employees return each year for reemployment with the Com-
pany. The Union alleges in its petition, and, there being no objection
from the Company, we find, that all production and maintenance'
employees of the Company at its Elberton, Georgia, plant,3 excluding
1 The Field Examiner reported that the Union presented 33 application -for-membership
cards. There are approximately 70 employees in the appropriate unit.
, Including the janitor , whose duties are in addition to keeping the office clean , working
In the shipping department, chauffeuring , and being a general errand boy.
$ Described in the amended petition as "the Company ' s plant ( oil mill ) at Elberton,
Georgia." As we interpret the parties' position, they intend that the unit shall include
the non -supervisory production and maintenance employees in the cotton gin department,
approximately five in number, as well as the employees in the oil mill department and
yard.
ELBERTON OILS MILLS 1109
all office employees and 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 Elec-
tion herein, 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Elberton Oil Mills,
Elberton, 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
during the pay-roll period immediately preceding the date of this
Direction, 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 de-
termine whether or not they desire to be represented by United Pack-
inghouse Workers of America, C. I. 0., for the purposes of collective
bargaining.