Delta Cooperative Compress

National Labor Relations Board - Board Decisions

Oct 20, 1949

86 N.L.R.B. 649 (N.L.R.B. 1949)

In the Matter of DELTA COOPERATIVE COMPRESS, EMPLOYER and
INTERNATIONAL CHEMICAL WORKERS UNION, AFL, PETITIONER
Case No. 15-RC-288.-Decided October 20, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Robert B.
Stark, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is an agricultural cooperative association, or-
ganized under the laws of the State of Mississippi. Members of the
Employer include cotton farmers in 4 counties in the Mississippi
Delta, who own the stock of the Employer, under license in con-
formity with the United States Warehousing Act. Cotton grown on
the plantations of the approximately 150 members of the Employer
is ginned by the farmer, and then shipped to the Employer's warehouse,
located at Greenville, Mississippi. About 30 percent of the cotton is
received via the Illinois Central Railroad and the Columbus and
Greenville Railroad; about 20 percent is received via trucks operated
by the Columbus and Greenville Railroad; about 20 percent via trucks
owned by other common carriers ; and about 30 percent is received
via trucks of the individual cotton farmers. The Employer acts as
agent for the railroads in the unloading of cotton received at the
warehouse and in reloading cotton for shipment onto the railroads.
The Employer does not own and has no interest of ownership in any
of the baled cotton; it acts only as a storage and compression ware-
house. The cotton is stored in the warehouse until orders are received
for shipment when it is then compressed into smaller size for ship-
ment by rail or vessel. All, of the cotton is received from farms within
86 N. L. R. B., No. 91. 649
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the State of Mississippi, but all but a negligible portion is directly or
ultimately shipped in interstate or foreign commerce. The number
of bales of cotton stored fluctuates from about 25,000 to 40;000 bales
annually. The Employer makes a charge. for storage and compression
which total averages from $50,000 to $100,000 annually. The value
of the cotton handled by the Employer amounts to "millions of
dollars."
Contrary to the contention of the Employer, we find that it is en-
gaged in commerce within the meaning of the Act.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer at its Greenville,
Mississippi, warehouse, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act :
All production and maintenance employees, including laborers han-
dling receipt of the baled cotton, samplers, employees in the press
group, and the fireman,2 but excluding guards, watchmen, professional
employees, office and clerical workers, and all supervisors as defined in
the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30 days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Region in which this case was heard,
and subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
1 Matter of Shippers Warehouse Company, 63 N. L. A. B. 1394.
2 The Employer testified that the fireman is the "general maintenance man." It is this
employee's duty to keep up the sprinkler system, keep the compress in working order, fire
the boilers , and perform repairs of all types.
DELTA COOPERATIVE COMPRESS 651
laid off, but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, and also excluding employees on strike who are
not entitled to reinstatement, to determine whether or not they desire
to be represented, --for purposes of collective bargaining, by Inter-
national Chemical Workers Union, AFL.