International Cellucotton Products Co.

National Labor Relations Board - Board Decisions

Mar 25, 1946

66 N.L.R.B. 1149 (N.L.R.B. 1946)

In the Matter Of INTERNATIONAL CELLUCOTTON PRODUCTS COMPANY
Und TEXTILE WORKERS UNION OF AMERICA, AFFILIATE OF THE C. I. O.
Case No. 15-I?-1541.-Decided March 25, 1946
Mr. Doyle Fife, of Memphis, Tenn., and Mr. S. Norman Moe, of
Neenah, Wis., for the Company.
Mr. Grant L. Williams, of Memphis, Tenn., for the Union.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
affiliate of the C. I. 0., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of International Cellucotton Products Company, Memphis,
Tennessee, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
T. Lowry Whittaker, Trial Examiner. The hearing was held at
Memphis, Tennessee, on February 4, 1946. 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 Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
International Cellucotton Products Company, a Delaware cor-
poration, is engaged in the manufacture of cleansing tissues and
packaging of sanitary belts at its plant in Memphis, Tennessee.
66 N. L . R. B., No. 139.
1149
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the period from May 1, 1945, through October 31, 1945, the
Company used raw materials valued at approximately $714,000, of
which about 99 percent was shipped to the Company's plant from
points outside the State of Tennessee. During the same period, the
Company's finished products were valued at approximately $808,000,
of which about 90 per cent was shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. TIIE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization,
affiliated with the Congress of Industrial Organizations , admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
it has been certified by the Board in an appropriate unit.
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 Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all em-
ployees, including watchmen,2 but excluding office and clerical em-
ployees, plant manager, materials handling foreman, day foreman
(converting), maintenance foreman, tour fourmen, foreladies, head
shipper, head receiver, mail department supervisor, trainers, cafeteria
manager, operating personnel counselor, head storekeeper, inventory
clerk, and any 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.
'The Field Examiner reported that the Union submitted 141 cards , bearing the names
of 107 employees , listed on the Company 's pay roll of November 25, 1945. There are
approximately 166 employees in the appropriate unit.
2 The watchmen are neither militarized , deputized , uniformed , nor armed , nor do they
perform monitorial duties.
INTERNATIONAL CELLUCOTTON PRODUCTS COMPANY 1151
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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election 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 International
Cellucotton Products Company, Memphis, Tennessee, 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 Fifteenth 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 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 re-
instated prior to the date of the election, to determine whether or
not they desire to be represented by United Textile Workers of
America, affiliate of the C. I. 0., for the purposes of collective bar-
gaining.