Texas Creamery Cold Storage Co.

National Labor Relations Board - Board Decisions

Oct 5, 1950

91 N.L.R.B. 704 (N.L.R.B. 1950)

In the Matter of TEXAS CREAMERY COLD STORAGE COMPANY, EMPLOYER
and AMALGAMATED MEAT CUTTERS AND BUTCHER; WORKMEN OF
NORTH AMERICA, LOCAL UNION No. 103, A. F. OF L., PETITIONER
Case No. 39-RC-013.-Decided October 5, 19, 50
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Charles Y. Latimer,
hearing officer. The hearing officer's ruling made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles] .
Upon the entire record in this case the Board funds :
1. The Employer, a wholly owned subsidiary of the Borden Com-
pany of New Jersey, operates a public cold storage plant in Houston,
Texas, adjacent to the Houston plant of the Borden Company. Dur-
ing the past year the Employer purchased supplies valued at approxi-
mately $25,000, none of which originated outside the State of
Texas. During the same period, the Employer's sales exceeded
$100,000, of which approximately 26 percent was made to na-
tional concerns with branch offices in Texas and 23/10 percent was
made to consumers located outside the State. Among the national
concerns to whom the Employer made sales are Armour & Company;
Cudahy Packing Company; Emulsol Corporation; Fairmont Foods,
Inc.; W. T. Grant; National Biscuit Corporation; Rath Packing
Company; and the Borden Company. The Employer' s manager,
hired by the Borden Company Southern Division, serves both as
manager for the Employer and as an officer of the Borden Company
Southern Division. The Employer makes monthly and annual re-
ports to the Borden Company; its books are audited annually at the
direction of the Borden Company; and all surplus funds of the Em-
ployer are transferred to the account of the Borden Company.
We find, contrary to the Employer's contention, that its activities
affect commerce within the meaning of the Act, and that as it is an
91 NLRB No. 52.
704
TEXAS CREAMERY COLD STORAGE COMPANY 705
integral part of a multistate enterprise, it would effectuate the policies
of the Act to assert jurisdiction in this case.'
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 certain employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
4. In accordance with the agreement of the 'Employer and the
Petitioner, we find that the following employees of the Employer
constitute a unit appropriate for purposes of collective bargaining
within the meaning of Section 9 (b) of the Act :
All hourly paid employees at the Employer's Houston, Texas, cold
storage plant, excluding office clerical employees, manager, assistant
manager, superintendent, and all other supervisors.
[Text of Direction of Election omitted from publication in this
volume.]
' The Borden Company, 91 NLRB 628.