Southern Chemical Cotton Co.

National Labor Relations Board - Board Decisions

Nov 15, 1937

4 N.L.R.B. 131 (N.L.R.B. 1937)

In the Matter of SOUTHERN CHEMICAL COTTON COMPANY and TEXTILE
WORKERS ORGANIZING CoirMIrrEE
Case No. R-239
CERTIFICATION OF REPRESENTATIVES
November 15, 1937
Textile Workers Organizing Committee, herein called the T. W.
O. C., filed a petition on July 9, 1937, and an amended petition on
July 22, 1937, with the Regional Director for the Tenth Region
(Atlanta, Georgia), alleging that a question affecting commerce had
arisen concerning the representation of the production and mainte-
nance employees of Southern Chemical Cotton Company, Chatta-
nooga, Tennessee, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act.
Pursuant to notice duly served upon the Company and the T. W.
O. C., a hearing was held at Chattanooga, Tennessee, ,on August 16,
17, and 18, 1937, before James C. Paradise, the Trial Examiner duly
designated by the National Labor Relations Board, herein called the
Board. At the commencement of, the hearing, Chemical Cotton
Workers Federal Union, Local No. 21061, was allowed to intervene
and it participated in the hearing. , On October 23, 1937, the Board
issued a Decision and Direction of Election.' The Direction of Elec-
tion provided that an election by secret ballot should be held among
all the employees of the Company on its pay roll during the week
ending June 27, 1937, excluding clerical employees, expert chemists
and laboratory workers, casual or extra workers, plant foremen,
yard and shop foremen, and other supervisory employees, but in-
cluding digester and dryer foremen and Carmon Crawley, John Slay,
James Grant, and Frank Trotter, to determine whether they desire
to be represented by Textile Workers Organizing Committee or
Chemical Cotton Workers Federal Union, Local No. 21061, for the
purposes of collective bargaining, or by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on November 1, 1937, by the Regional Director for the Tenth
Region. Full opportunity was accorded all the parties to this in-
13 N. L. R. B. 839.
131
132 NATIONAL LABOR RELATIONS BOARD '
vestigation to participate in the conduct of the secret ballot and
to make challenges. On November 4, 1937, the Regional Director for
the Tenth Region issued and duly served upon the parties to the
proceeding his Intermediate Report on the ballot. No objection to
the ballot or to the Intermediate Report has been filed by any of
the parties.
As to the results of the secret ballot, the Regional Director
reported as follows :
Total number eligible--------------------------------------- 119
Total ballots cast------------------------------------------ 115
Total votes for Textile Workers Organizing Committee -------- 41
Total votes for Chemical Cotton Workers Federal Union, Local
No. 21061------------------------------------------------ 73
Total votes challenged-------------------------------------- 1
'Total votes miscast----------------------------------------- 0
We find that Chemical Cotton Workers Federal Union, Local No.
21061, has been designated and selected by a majority of the em-
ployees of Southern Chemical Cotton Company, excluding clerical
employees, expert chemists and laboratory workers, casual or extra
workers, plant foremen, yard and shop foremen, and other super-
visory employees, but including digester and dryer foremen, as their
representative for the purposes of collective bargaining. Chemical
Cotton Workers Federal Union, Local No. 21061, is, therefore, by
virtue of Section 9 (a) of the Act, the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions
of employment, and we will so certify it.
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 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended.
IT IS HEREBY CERTIFIED that Cotton Chemical Workers Federal
Union, Local No. 21061, has been designated and selected by a ma-
jority of the employees of Southern Chemical Cotton Company,
Chattanooga, Tennessee, excluding clerical employees, expert chem-
ists and laboratory workers, casual or extra workers, plant fore-
men, yard and shop foremen, and other supervisory employees, but
including digester and dryer foremen, as their representative for
the purposes of collective bargaining, and that pursuant to Section
9 (a) of the Act, Chemical Cotton Workers Federal Union, Local
No. 21061, is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.