Farmers and Merchants Compress & Warehouse Co.

National Labor Relations Board - Board Decisions

Mar 20, 1946

66 N.L.R.B. 983 (N.L.R.B. 1946)

Iii the Matter of FARMERS AND MERCHANTS COMPRESS & WAREHOUSE
COMPANY and INTERNATIONAL LONGSHOREIVIE'_V'S & WAREHOUSEMEN'S
UNION, C. I. O.
Case No. 16-B-1546.-Decided March 20, 19116
llcssrs. Frank C. Brooks and Carl B. Callaway, of Dallas, Tex., for
'lie Company.
Mr. Fred W. Estes, of Dallas, Tex., for the Union.
Al,-. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Longshoremen's &
Warehousemen's Union, C. 1. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Farmers and Merchants Compress & Ware-
house Company, Dallas, Texas, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Earl Saunders, Trial Examiner. The hearing
was held at Dallas, Texas, on January 3 and 9, 1946. The Company
and the Union appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
alid to introduce evidence bearing on the issues.' The Trial Exami-
ner'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:
FtNi)INOS (1F FACT
I. THE 1it'nlAESS OF THE COMPANY
harmers and Merchants Compress & Warehouse Company, with its
'subsequent to the hearing , the parties submitted it stipulation dated February 4,
1946, concerning the labor relations policy of the Company agreeing that it be con-
sidered a part of the record in the above proceeding The stipulation is hereby made it
part of the record
66 N. L . It. B., No. 120,
983
984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
principal offices at Dallas, Texas, is a Texas corporation engaged in
the operation of cotton compresses and cotton warehouses in Texas
and Oklahoma. The Company's Dallas plant, the sole operation in-
volved herein, is engaged in the compressing, reginning, and ware-
housing of cotton. During the fiscal year ending October 31, 1945,
the plant received for storage and processing 39,563 bales of cotton,
performing services on the cotton valued at approximately $100,000.
During the same period the Company shipped 40,939 bales of cotton,
60 percent of which was shipped to points outside the State of Texas.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Longshoremen's & Warehousemen's Union 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 its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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
The Union seeks a unit consisting of all employees at the Com-
pany's Dallas plant, including the firemen, but excluding clerical and
supervisory employees. The Company contends that the appropriate
2 The Board agent reported that the union had submitted 23 authorization cards from
among a total of approximately 31 employees in the claimed appropriate unit.
The Company objected to the admission in evidence of the Board agent 's report on the
ground that the report was hearsay and that its admission into evidence without afford-
ing the Company an opportunity to inspect the authorization cards or cross -examine the
Board agent with respect thereto, is a denial of due process of law as guaranteed by the
Fifth Amendment of the Constitution. We find no merit in this contention . We have
frequently stated that the report of a Board agent with respect to a claim of authoriza-
tion for the purposes of representation is not taken as proof of the precise number of
employees who desire to be represented by a labor organization but rather to protect the
Company and the Board from unfounded claims by such organizations and to give
reasonable assurance that a substantial number of employees desire to be represented.
See Matter of .Syracuse Ch{lied Plow Co., Inc., 61 N . L. R. B. 717.
FARMERS & MERCHANTS COMPRESS & WAREHOUSE COMPANY 985
unit should consist only of employees in the warehouse and compress
department. The Company would also include the "weigher" and
"flagger" in the compress department; the Union would exclude them.
The plant consists of two separate buildings with the boiler room
in one and the warehouse and compress departments in the other;
the latter departments are physically separated by a fire wall. The
nature of the work performed by each department is different and
each has its own superintendent. There is no interchange of employ-
ees between departments and no plant seniority system. Although
the foregoing factors tend to indicate that under certain circumstances
the unit contended for by the Company might be appropriate, on the
other hand, all departments in the plant are interdependent. Em-
ployees in the compress and warehouse departments obtain and trans-
port the cotton to the reginning department and after it is processed
there, return it to the warehouse or place it in the designated trans-
portation carrier for removal. The wage rates and occupational skill
required are similar in both departments. The boiler room supplies
the power for both the compress and reginning machinery. In view
of the integration and interdependence of the various departments,
we are of the opinion that all the Company's employees at its Dallas
plant constitute an appropriate unit.
The "weigher" or "weigh foreman" 3 supervises the work of ap-
proximately six men. He determines the weight of cotton on the scales
and part of the time runs the press. The "flagger'14 is principally
engaged in the locating and marking of particular bales of cotton as
they are desired for shipment and supervises the employees engaged
in their removal. Both the "weigher" and the "flagger" have au-
thority to grant time off and to discipline and recommend the dis-
charge of employees under their supervision. Accordingly, we shall
exclude them.
We find that all the Company's employee's at its Dallas plant, in-
cluding the fireman, but excluding office and clerical employees, the
"flagger," the "weigher," and all or 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Union requested that the pay roll for the week of Janaury 9,
1946 , be used in determining eligibility to vote. No sufficient reason
appears, however , for departing from our customary practice in this
respect . Accordingly , we shall direct that the question concerning
s Charlie Hopper.
• Bill Hopper.
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Di-
rection 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 Re-
lations Act , and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRFcTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Farmers and
Merchants Compress & Warehouse Company, Dallas, Texas, an elec-
tion 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 Six-
teenth 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 appro-
priate 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 employ-
ees 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 rein-
stated prior to the date of the election , to determine whether or not
they desire to be represented by International Longshoremen's &
Warehousemen 's union, affiliated with the Congress of Industrial
Organizations , for the purposes of collective bargaining.