Tide Water Associated Oil Co.

In the Matter of TIDE WATER ASSOCIATED OIL COMPANY ( HARTFORD AND WETHERSFIELD , CONN., TERMINALS ) and OIL WORKERS INTERNATIONAL UNION (C. I. 0.) Case No. R--5161.-Decided May 5,1943 Mr. Mathew F. McCue, of New York City, for the Company. Mr. James J. Lawler, of New Britain, Conn., for the union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Oil Workers International Union (C. I. 0), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Tide Water Associated Oil Company, Hartford, Connecticut, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene, Trial Examiner. Said hearing was held at Hartford, Connecticut, on April 13, 1943. The Company and the Union Appeared and participated.- All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Union, on April 21, 1943, and the Company, on April 26, 1943, filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Tide Water Associated Oil Company is nationally engaged in the production, distribution, and sale of petroleum and related products. 'International Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers, Local 559 (AFL ), also served with notice of hearing , did not appear 49 N. L. R. B., No. 62. 467 531647-43-vol 49-31 468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company's total sales annually are in excess of $150,000,000. The Hartford and Wethersfield Terminals of the Company's Eastern Sales Division, are the only plants of the Company involved in the present proceeding. The Hartford and Wethersfield District of the Company's opera- tions embraces Hartford County, Connecticut, and parts of Tolland, Windham, Litchfield, Middlesex and New Haven Counties, Connecti- cut, and parts of Hampden and Franklin Counties, Massachusetts. During the calendar year 1942, the Hartford and Wethersfield District sold in excess of 19,000,000 gallons of petroleum products, valued in excess of $2,000,000, all of which was received within the district from ,points outside Connecticut and Massachusetts. II. _THE ORGANIZATION INVOLVED Oil Workers International Union 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 or about February 8, 1943, the Union, claiming to represent a majority of the Company's employees in an appropriate bargaining unit, asked the Company for a bargaining conference. On or about February 24, 1943, the Company requested that the Union obtain the certification of the Board. A statement prepared by the Regional Director and introduced into evidence at the hearing indicates that the Union represents a sub- stantial number of employees in the unit herein found appropriate for bargaining.z 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 National Labor Rela- tion's Act. IV. THE APPROPRIATE UNIT The Company and the Union agree that truck drivers, mechanics, and clerical employees of the Company at the Hartford and Wethers- field Terminals, including tank truck salesmen, rack truck drivers, pump mechanics, truck mechanics, guards, stenographers, plant clerks, and telephone operators, should be included in the bargaining unit and that the plant operators, salesmen, executives, and supervisory 'The Union submitted to the Regional Director 19 authorization cards, all of which bear dates in February 1943 and apparently genuine signatures of employees on the Com- pany's pay roll of March 4, 1943. There are approximately 31 employees in the appro- priate unit. TIDE WATEE ASSOCIATED OIL COMPANY 469 employees should be excluded therefrom. The Union would include, and the Company exclude, yard foremen.3 The plant operator has charge of three plants at Wethersfield, Hart- ford, and Springfield,4 respectively, all of which lie in the Hartford and Wethersfield District' of the Company's operations. At the Wethersfield plant, the Company has ,two yard foremen, James Gilligan 6 and Francis Stephens. Gilligan, the senior foreman, is in charge of the plant in the absence of the plant operator. Gilligan checks gauges in gasoline trucks before they leave the yard, takes stock, reports deficiencies to the plant operator, loads and dispatches trucks, and is generally responsible for the good physical condition of the yard. He receives orders by telephone directly from the Com- pany's customers and adjusts the drivers' delivery routes accordingly. He investigates the complaints of customers and reports them to the- plant operator. He does not discipline other yard employees, but re- ports their offenses to the plant operator. He checks the drivers' time and is responsible for keeping the drivers occupied. In the absence of regular trucking work, he assigns drivers at his discretion to duties about the yard, such as cleaning, minor repairs, and stock work. Stephens, the junior foreman at the plant, is in direct charge of the receipt of fuel oil from barges and its delivery to the Company's cus- tomers by truck. He has similar duties to those of Gilligan and on Gilligan's free day, and in his absence from the plant, is in charge of the yard. Gilligan and Stephens share an office where they spend a very considerable amount of their time on written reports. At the Hartford plant, the Company employs a yard foreman, two pump mechanics, and two rack truck drivers. When the plant operator is not at the Hartford plant, which amounts to about 90 percent of the time, the yard foreman is the supervisory employee in charge of the plant. His regular duties are similar to-the duties of the yard foremen at the Wethersfield plant. The three yard foremen are salaried employees and are not paid for overtime work. Other employees are hourly paid. Their oppor- tunities to earn time and one-half pay for overtime work depend to a considerable extent upon the discretion of the yard foremen, who direct its performance. Employees at other similar plants of the 3 The Union calls the employees in dispute "yard pushers." The Company 's term is "yard foremen ," and the employees are so listed on the Company 's pay roll 4The plant at Springfield is , a bulk plant and deliveries for Springfield aie made from the Wethersfield plant Employees at the Springfield plant are not concerned in this proceeding. 5 This district, as noted in Section I above , includes the Company's operations in Hart- ford County, Connecticut, and parts of Tolland, Windham , Litchfield, Middlesex , and New Haven Counties , Connecticut, and parts of Hampden and Franklin Counties, Massachusetts. ° Gilligan, a driver, was recently promoted to the position of yard foreman on the rec- ommendation of the ietnuig lard foreman 470 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD Company are, covered by bargaining agreements from which yard foremen are excluded. Although yard foremen do a considerable amount of physical work, it clearly appears that they are in direct charge of the drivers and mechanics who comprise the majority of the employees who the parties agree should be included in the bar- gaining unit. Under these circumstances, we shall exclude yard fore- men therefrom.' The, Company and the Union would include guards in the bargain- ing unit. The Company employs two guards at the Wethersfield plant. Guards wear the Company's uniform. At the time of the hearing they % ere not armed, but they are shortly to be deputized and brought under military control as auxiliary police. Since the guards are es- sentially plant-protection employees rather than watchmen, we shall exclude them from the bargaining units We find that all truck drivers, mechanics, and clerical employees of the Company at the Hartford and Wethersfield Terminals, includ- ing tank truck salesmen, rack truck drivers, pump mechanics, truck mechanics, stenographers, plant clerks, and telephone operators, ex- cluding the plant operator, salesmen, executives, guards, yard foremen, and other supervisory employees, 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 an election by secret ballot among all' em- ployees of the Company in the unit found appropriate in Section IV, above, 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Tide Water As- Cf. Matter of Western Union Telegraph Company and American Federation of Labor, Commercial Telegraphers Union, 30 N. L. R. B. 1169; Matter of J. S. Frazer, an individual doing business under the name of Frazer Mining Company and District 50, United Mine Workers of America, 45 N. L. R. B. 318. 8 Cf..Matter of The Kay and Ess Company and Gas, Coke and Chemical International Union, C. 1 0.; 48 N. L. R. B ., 1386 ; Matter of U. S. Electrical Motors, Ire and United Electrical, Radio & Machine Workers of America, Local 1.21, C. 1. 0., 45 N L R B. 298 TIDE WATER ASSOCIATED OIL COMPANY 471 sociated Oil Company , Hartford, Connecticut, 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 First Region, acting in this matter as agent for the National Labor Relations Board,; and subject to „Article III, Section 10, of said Rules and Regulations, among all employees of the Company within 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 employees in the armed forces of the United States who present themselves in person at the polls, but excluding employee's who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Oil Workers International Union (C. 1. ' 0 .), for the purposes of collective bargaining. . I I