Latonia Refining Corp.

In the Matter of LATONIA REFINING CORPORATION and AMERICAN FED ERATION OF LABOR Case No. R-5191.-Decided May 5, 19113 Mr. Maurice F. Hanning and Mr. G. W. Hanneken, of Cleveland, Ohio, and Mr. H. Buchanan, of Latonia, Ky., for the Company. Mr. J. W. Kneidle, of Cincinnati, Ohio, for the A. F. of L. Mr. Mirko Debevic, of Willoughby, Ohio, for the Oil Workers. Mr. Louis Cokin, of'counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by American Federation of Labor, herein called the A. F. of L., alleging that a question affecting commerce had arisen concerning the representation of employees of Latonia Refining Corporation, Latonia, Kentucky, herein called the Company, the National Labor Relations Board provided for -an appropriate hearing upon due notice before Philip G. Phillips, Trial Examiner. Said hearing was held at Cincinnati, Ohio, on April 20, 1943. At the com- mencement of the hearing, the Trial Examiner granted a motion of Oil Workers International Union, herein called the Oil Workers, to intervene. The Company, the A. F.'of L., and the Oil Workers ap- peared at and participated in the hearing.' All parties 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 counsel for the Company 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. 'Upon the entire record in the case, the Board makes the following: 'Although Association of Petioleum Workers of the Standard Oil Company of Ohio, herein called the Association , was served s ith notice of hearing , it did not appear. 49N.L R B,No 66. 488 LATONIA REFINING CORPORATION FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 489 Latonia Refining Corporation is an Ohio corporation engaged in the business of refining petroleum oils at Latonia, Kentucky. Ap- proximately all raw materials used by the Company is shopped to it from points outside the State of Kentucky, and approximately 75 percent of all finished products is shipped to points outside the State of Kentucky. The Company's volume of business exceeds $200,000 annually. IT. THE ORGANIZATIONS INVOLVED Aincrlcan Federation of Labor is a labor organization admitting to membership employees of the Company. 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 i On March 13, 1943, the A. F. of L. requested the Company to recog- nize it as the exclusive bargaining representative of its employees. The Company refused this request on the ground that it was operating under a contract with the Association. Since the Association has been found to be an organization dominated by the Company 2 the contract does not constitute a bar to a present determination of repre- sentatives. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the A. F. of L. represents a sub- stantial number of employees in the unit hereinafter found to be appropriate.3 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 Relations Act. z On Februaiy 15, 1943, the Board ordered the Company, among other things , to cease and desist from dominating and interfering with the administration of the Association and to withdraw and withhold from the Association all recognition as representative of its emplogees and completely disestablish the Association as such representative . Matter of Standard Oil Company, an Ohio corporation, .Sohio Pipe Line Corporation, Latonia Refining Col po, ation and Oil Workers International Un ion, et al., 47 N L R. B , 604 3 The Field Examiner reported that the A. F of L presented 144 membership applica- tion cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of March 29, 1943 There are approximately 196 employees . in the appropriate unit The Oil Workers presented 5 membership cards, but stated at the healing that it did not desire to appear on the ballot in the event the Board directs an election . 6 490 DEIDISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE 'UNIT The A. F. of L. contends that all production, maintenance, and laboratory employees at the Latonia plant of the Company, excluding plant-protection employees, clerical employees, supervisory employees, and graduate technical engineers and chemists ,4 constitute an appro- priate unit. The only controversy with respect to the unit concerns three employees. P. Dulscamp is classified by the Company as an ordinary production employee. The A. F. of L. urges that he be excluded from the unit, and the Company that he be included. Dulscamp works .5 days a week as an ordinary production employee, but on the 6th day works as a foreman and exercises all the rights and privileges of the latter class of employees. Foremen are admittedly excluded from the unit. Under the circumstances, we shall exclude P. Dulscamp from the unit. The Company employs a person classified by it as a storekeeper. The Company requests -that he be excluded from the unit as a Lierical employee, while the A. F. of L. urges that he be included. The storekeeper is responsible for ordering, materials and works in an office located between the refinery and the plant office. Although he occasionally handles materials, the storekeeper is carried on the Company's clerical pay roll. We shall exclude the storekeeper from the unit. • The Company employs a person classified by it as a messenger. The A. F. of L. requests that he be included in the unit, and the Company urges that he be excluded. The messenger is carried on the Company's office pay roll, and, although he' at times carries sacks of mail, he spends a majority of his time performing clerical duties. We shall exclude the messenger from the unit. We find that all production, maintenance, and laboratory em- ployees at the Latonia plant of the Company, excluding plant- protection employees, clerical employees, supervisory employees, mraduate technical engineers and chemists,' P. Dulscamp, the store- keeper, and the messenger, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. k 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 4 The parties all agree that graduate technical engineers and chemists are employees who hold college degiees or ate duly certified by institutions of college standing 5 See footnote 4, supra. LATONIA REFINING CORPO'R'ATION 491 Election herein, subject to the limitations and additions set forth in the,Direction. As stated heretofore, the Oil Workers does not desire to appear on the ballot. Accordingly, we shall not accord it a place on the ballot. 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 Latonia Refining Corporation, Latonia, Kentucky, 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 Ninth 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 the employees in the unit found appropriate, in Section IV, above, who vv ere 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 tempo- rarily laid off, and including employees in the armed foiic^s of the United, States who present themselves in person at the polls, but excluding any who' have since quit or been discharged for cause, to determine whether or not they desire to be represented by American Federation of Labor for the purposes of collective bargaining.