Standard Oil Co. of Ohio

In the Matter Of STANDARD OIL COMPANY OF OHIO and AMERICAN FEDERATION OF LABOR Case No. 8-R-16792.-Decided November 25, 19.4. Mr. James R. Tritschler, of Cleveland, Ohio, and Mr. Frederick J. Sanders, of Toledo, Ohio, for the Company. Messers. Kenneth Scott and George F. Kopp, of Toledo, Ohio, for the A. F. of L. Mr. C. J. Ossege, of Toledo, Ohio, for the Oil Workers. Mr. Julius Kirle, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a 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 Standard Oil Company of Ohio, Toledo, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due'notice before Thomas E. Shroyer, Trial Examiner. Said hearing was held at Toledo, Ohio, on October 21, 1944. The Company, the A. F. of L., and Oil Workers International Union, Local 346, C. I. 0., herein called the Oil Workers, appeared and participated.' All parties were afforded an opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on- the issues. At the hearing, the Company moved to dismiss the petition pending the United States Supreme Court's ultimate decision on the Board's Decision and Order directing the disestablishment of the Association of Petroleum Workers of the Standard Oil Company as a company-dominated union. Ruling on the motion was reserved i The Oil Workers stated that it did not desire a place on the ballot in the event that an election was directed but was intervening to protect its present status as the bargaining representative of the Company's production and maintenance employees. The Oil Workers represents the Company's production and maintenance employees as a result of the Board's Decision and Direction of Election on December 15, 1943, in the Matter of Standard Oil Company, et al, 48 N. L. R. B. 1291. 59 N. L R. B.. No. 103. 530 STANDARD OIL COMPANY OF OHIO 531 for the Board. The motion is hereby denied.2 The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Standard Oil Company of Ohio, an Ohio corporation, is engaged in producing, transporting, refining, and marketing gasoline, oil, kero- sene, motor oils, industrial lubricants, and various other types of oils. We are here concerned with its refinery at Toledo, Ohio. During the year 1943, the Company refined approximately 6,000,000 barrels of crude oil, more than 90 percent of which was shipped to it from points outside the State of Ohio. During the same period, the Company produced finished products valued in excess of $10,000,000, more than 10 percent of which was shipped to points outside that State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED American Federation of Labor is a labor organization admitting to membership employees of the Company. Oil Workers International Union, Local 346, affiliated with the Congress of Industrial Organizations, is a labor organization admit- ting to membership employees of the Company. Ill. THE QUESTIONS CONCERNING REPRESENTATION The Company has refused to grant recognition to the A. F. of L. as the exclusive bargaining agent of the Company's office employees until the A. F. of L. 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 A. F. of L. represents a substantial number of employees in the unit hereinafter found appropriate .3 2 We have considered a similar contention in other cases and found it to be without merit. See Matter of Clrnchfield Coal Corporation, 57 N. L R B 1615 , Matter of Colorado Fuel and Iron Corporation, 29 N. L. R. B. 541 ; Matter of The Texas Company, 28 N L. R. B. 590, Matter of New Idea; Inc, 25 N L. R . B. 265, Matter of Western Union Telegraph Company, 23 N. L. R. B. 824 3 The Field Examiner reported that the A F. of L submitted 16 cards , that the names of 15 persons appearing on the cards were listed on the Company's pay roll of September 26, 1944, which contains the names of 28 employees in the claimed appropriate unit ; and that 15 of the cards were dated September 18, 1944, 1 was dated September 23, 1944, and 1 was undated. 532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 parties substantially agree that the appropriate unit should comprise all office employees at the Company's Toledo, Ohio, refinery, including laboratory clerks, senior accounting clerks, assistant senior accounting clerks, junior accounting clerks, apprentice clerks, stenog- raphers, and switchboard operators, but excluding private secretaries, personnel secretaries, storekeepers, assistant storekeepers, the nurse, chief clerk, assistant chief clerk, and all other supervisory employees. The A. F. of L., however, would exclude the utility and engineering clerks, but include the draftsmen. The Oil Workers would exclude the utility and engineering clerks, and draftsmen. The Company would- include the utility and engineering clerks, but exclude the draftsmen. Utility and engineering clerks. The Company employs junior and senior utility and engineering clerks. While it appears that their duties are mainly clerical, and that they spend the greater part of their time in the office, these clerks have been bargained for by the Oil Workers in the presently existing production and maintenance unit,' and there is no evidence that it has not been a satisfactory and harmonious relationship; we. shall- exclude them. Draftsmen. There are in the Company's employ apprentice, junior, senior, and design draftsmen, who are supervised by a chief engineer, and whose work is of a technical nature. They do designing, draft- ing, estimating, surveying, and work both in and outside the office. In view of the technical nature of their duties, we shall exclude them.' We find that all office employees at the Company's Toledo, Ohio, refinery, including laboratory clerks, senior accounting clerks, assist- ant senior accounting clerks, junior accounting clerks, apprentice clerks, stenographers, and switchboard operators, but excluding pri- vate secretaries, personnel secretaries, storekeepers, assistant store- keepers, the nurse, draftsmen, utility and engineering clerks, the chief clerk, the assistant chief clerk, and all 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 collet-, tive bargaining within the meaning of Section 9 (b) of the Act. 4 See footnote 1, supra. The draftsmen were also excluded by agreement of the Company and the Oil workers from the presently existing production and maintenance unit because of their technical duties. See Matter of Spicer Manufacturing Corporation , 55 N. L. R. B 1491. STANDARD OIL COMPANY OF OHIO V. THE DETERMINATION OF REPRESENTATIVES 533 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Standard Oil Company of Ohio, Toledo, Ohio, 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 Eighth 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 the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preced- ing 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by American Federation of Labor for the purposes of collective bargaining.