Forrest City Cotton Oil Mill

National Labor Relations Board - Board Decisions

Feb 21, 1942

39 N.L.R.B. 99 (N.L.R.B. 1942)

In the Matter of FORREST CITY COTTON OIL MILL and LOCAL 19,
UNITED CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS
OF AMERICA, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGAN-
IZATIONS
Case No. R-3544.-Decided February 21, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Charles A. Kyle, for the Board. ,
Mr. Philip Hickey, of Forrest City, Ark., for the Company.
Mr. Robert Sanford, of Memphis, Tenn., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 7, 1941 Local 19, United Cannery, Agricultural,
Packing and Allied Workers of America, affiliated with Congress of
Industrial Organizations, herein called the Union, filed with the
Regional Director for the Fifteenth Region (New Orleans, Louisiana)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Forrest City Cotton
Oil Mill, herein called the Company; engaged in the manufacture of
cotton seed oil at Forrest City, Arkansas, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On January 5, 1942, 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 January 22, 1942, the
Company, the Union, and a Field Examiner of the Board entered
into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
39 N. L R. B., No 20
99
100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, an election by secret ballot was con-
ducted on February 3, 1942, under the direction and supervision of
the Regional Director, among all production 'and maintenance em-
ployees of the Company, excluding supervisory, office, sales, and
purchasing employees, and watchmen, to determine whether or not
said employees desired to be represented by the Union. On February
5, 1942, 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 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____________________________________ 75
Total ballots cast__________________________________________ 72
Total ballots challenged____________________________________ 0
Total blank ballots_________________________________________ -0
Total void ballots__________________________________________ 0
Total valid votes counted__________________________________ 72
Votes cast for Local 19, United Cannery, Agricultural, Packing
and Allied Workers of America, affiliated with Congress of
Industrial Organizations__________________________________ 4a
Votes cast against Local 19, United Cannery, Agricultural,
Packing and Allied Workers of America, affiliated with Con-
gress of Industrial Organizations________________________ 29
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 Forrest City Cotton Oil Mill, Forrest City,
Arkansas, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All production and maintenance employees of the Company,
excluding supervisory, office, sales, and purchasing employees and
watchmen, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
3. Local 19, United Cannery, Agricultural, Packing and Allied
Workers of America, affiliated with Congress of Industrial Organi-
zations, has been designated and selected by a majority of the em-
ployees in the above unit as their representative for the purposes of
collective bargaining and is the exclusive representative of all em-
ployees in said unit, within the meaning of Section 9 (a) of the Act.
FORREST CITY COTTON OIL MILL 101
CERTIFICATION OF REPRESENTATIVES
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, -
IT IS HEREBY CERTIFIED that Local 19, United Cannery, Agricul-
tural, Packing and Allied Workers of America, affiliated with Con-
gress of Industrial Organizations, has been designated and selected
by a majority of all production and maintenance employees of For-
rest City Cotton' Oil Mill, Forrest City, Arkansas, excluding super-
visory, office, sales, and purchasing employees, and watchmen, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) 'of the Act, Local 19, United Cannery,
Agricultural, Packing and Allied Workers of America, affiliated
with Congress of Industrial Organizations, 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.