Continental Gin Co.

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1499 (N.L.R.B. 1944)

In the Matter Of CONTINENTAL GIN COMPANY and UNITED ' STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. 16-R-08.-Decided June 16,1944
-Mr. H. F. Haslbauer, of Dallas, Tex., for the Company.
Messrs. C. L. Mulholland and Frank Heisler, of Dallas, Tex., for
the I. A. M.
Mr. Thomas Peasner, of Dallas, Tex., for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America,
C. I. 0., herein called the United, alleging that a question affecting
commerce 'had arisen concerning the representation of employees of
Continental Gin Company, Dallas, Texas, herein called the Company,
the National Labor Relations Board provided ' for an appropriate
hearing upon due notice before Milton A. Nixon, Trial Examiner.,
Said hearing was held at Dallas, Texas, on May 26, 1944. At the
commencement of the, hearing the Trial Examiner granted a motion
of International Association of Machinists, A. F. of L., herein called
the I. A. M., to intervene. 'The Company, the I. A. M., and the
United appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. During the course of the hearing the
I. A. M. moved to dismiss the petition. The Trial Examiner reserved
ruling. The motion is hereby denied. The Trial Examiner'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
Continental Gin Company is a Delaware corporation operating a
plant at Dallas, Texas, where it is engaged in the sale and manufac-
56 N. L. R. B., No. 267.
1499
1500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tu're of cotton ginning machinery. During,1943 the Company pur-
chlised raw materials valued in excess of $100,000, for use i t its
Dallas, Texas, plant, about 80 percent of which was shipped to it
from,points outside the State of Texas. During the same period the
Company sold products from its Dallas plant valued in excess of
$250,000, about 30 percent of which was' shipped to points outside
the State of Texas.
The Company admits, for the purpose of this proceeding, that it is
engaged . in commerce within the meaning of the National Labor
Relations 'Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION,
On April 25, 1944, the United requested the Company to recognize it
as exclusive collective bargaining representative of the employees at
the Dallas plant. The Company refused this request.
On June 21, 1943, the Company and the I. A. M. entered into an
exclusive collective bargaining contract. The contract provides that
it shall remain in effect until June 21, 1944, and from year to year
thereafter unless notice of a desire to terminate is given by either
party thereto 30 days,prior to airy annual expiration date. Inasmuch
as the United served notice upon the Company on April 25, 1944, and
the contract is about to, expire, we find that it does not constitute a
bar to a determination of representatives at this time.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the United represents a substantial
number of employees in the unit hereinafter found to be, appropriate.'
We find, that a question aftectinb 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 agreement with the parties, that all regular production
and maintenance employees at the Dallas plant oflthe Company, in-
i The Field Examiner reported that the United presented 95 authorization cards bearing
names of employees on the April 30, 1944, pay roll of the Company The I A. M., relies
upon its contract as evidence of its interest in the instant proceeding . There are, about
150 employees in the appropriate unit. ,
CONTINENTAL GIN COMPANY 1501
eluding plant-production clerks, but excluding office employees, night
watchmen, confidential secretaries, clerks, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend 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 means of an election by secret ballot among
the 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 Relations Act,
and pursuant to Article III, Section 9, of a National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Continental Gin
Company, Dallas, Texas, 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 Sixteenth 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 em-
ployees 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
any who have since quit or been discharged for cause and who have
not been rehired or reinstated prior to the date of the election, to
determine whether they desire to be represented by International As-
sociation of Machinists, A. F. of L., or by United Steelworkers of
America, C. I. 0., for, the purposes of collective bargaining, or by
neither.
2 This is substantially the same unit as provided for in the contract between the Com-
pany and the I A M.
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