The Ohio Oil Co.

In the Matter of THE OHIO OIL COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. L. Case No. -14-R-1055--Decided February 5, 19415 Mr. William K. Tell, of Findlay, Ohio, for the Company. Mr. H. C. Scheppel, of Carlyle, Ill., for the A. F. L. Mr. K. W. Walker, of Robinson, Ill., for the C. 1. 0. Mr. Sidney Grossman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union of Operating Engineers, A.-F. L., herein called the A. F. L., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of The Ohio Oil Company, Robinson, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harry G. Carlson, Trial Examiner. Said hearing was held at Robinson, Illinois, on December 11, 1944. The Company, the A. F. L., and the Oil Workers Inter- national Union, C. I. 0., herein called the C. I. 0., 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. 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 I. THE BUSINESS OF THE COMPANY The Ohio Oil Company, an Ohio corporation, is engaged in the production and processing of petroleum and petroleum products, in various parts of the United States, including the operation of a re- finery at Robinson, Illinois, with which this proceeding is concerned. During the year 1943, the Company purchased materials and equip- 60 N. L. R. B., No. 81. 418 THE OHIO OIL COMPANY 419 ment for its use at the Robinson refinery in excess of $200,000 in value, of which 50 percent was secured from sources outside the State of Illinois. During the same period, the Company produced at its Robinson refinery finished petroleum products in excess of $5,000 ,000 in value, of which 50 percent was shipped to points outside the State of Illinois. - The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union of Operating Engineers, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. Oil Workers International Union, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 7, 1944, the A. F. L. addressed a letter to the Company wherein it stated that it represented a majority of the Company's em- ployees at the Robinson refinery and requested that contract negotia- tions be entered into. By letter dated August 21, 1944, the Company refused to grant recognition to the A. F. L. as the bargaining repre- sentative of its employees until the A. F. L. had been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the A. F. L. and the C. I. O. -represent a substantial number of employees in the unit hereinafter found appropriate.' 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 A. F. L. requests a unit comprised of all employees of the Company's refinery at Robinson, Illinois, including the water well tender at the water pump station near Palestine, Illinois, but exclud- 1 The Field Examiner reported that the A. F. L. submitted 134 authorization cards representing the names of employees appearing on the Company' s pay roll of September 15, 1944, that the cards bore dates between May and September 1944, and that there are 293 employees in the alleged appropriate unit He further reported that the C. I. O. submitted 104 application cards representing the names of employees appearing on the pay roll above referred to, and that 103 cards bore dates between January and October 1944, and 1 was undated . Forty-nine names appeared on cards submitted by both the A. F. L. and the C. I. O. In the course of the hearing , the C. I. O. submitted 6 additional authori- zations that bore dates in November and December 1944. 420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing plant-protection employees, office and clerical employees, foremen, assistant foremen, and_ all other supervisory employees. The Com- pany and the C. I. 0. are in agreement' as to the general composition of the unit. The parties, however, dispute the inclusion or exclusion of the specific categories discussed below. Water well tender: While the Company takes no definite position with respect to the water well tender, the A. F. L. would include, and the C. I. 0. would exclude, him. The Company operates a water pump at Palestine, Illinois, approximately 5 miles from the refinery, through which it secures its water supply. The water well tender, who is responsible for the efficient operation of the pump, resides in a company-owned house nearby. Because of the isolated nature of his position, he receives his salary monthly, is directly responsible to the plant superintendent, and is not required to punch a time card at the refinery gate. However, the record discloses that his classification appears on the same pay roll as other field employees at the refinery, that his earnings are substantially commensurate with the wage rates of other field employees, and that his work is directly related to the operation of the plant in that it is his responsibility to adjust the pumps to insure an adequate flow of water through the plant. Moreover, employees who normally work in the refinery relieve him at regular scheduled intervals. We shall include the water well tender in the unit. Oil tester in the barrel- house: Both the C. I. 0. and the A. F. L. would exclude, and the Company would include, the oil tester. The record discloses that the oil tester is an hourly paid employee who works in the barrel house in collaboration with the compounders. His duties, in substance, are concerned with making routine physical tests on blended lubricating oils and raw materials. Contrary to the posi- tion taken by the A. F. L., there is no evidence that he possesses super- visory functions within our customary definition. ,Since he is em- ployed under the same working conditions as other employees in the plant, we shall include him. Refinery mechanical engineers, refinery chemical engineers, and the chemist: Both the C. I. 0. and the A. F. L. would exclude, and the Company would include, these employees. The record, discloses that the five mechanical engineers in the Company's employ are en- gaged in designing, estimating, construction, inspection, and mainte- nance and repair of refinery equipment; that the two chemical engi-- neers perform highly skilled technical work in connection with re- search, development and control of processing operations; and that, the chemist performs the-more advanced chemical and physical tests on raw materials and finished products. They are salaried employees, receive a higher rate of pay than the average operating employee in. THE OHIO OIL COMPANY 421 the plant, and are either college graduates or have acquired special ,skills as a result of training in their respective fields. In view of the profession) and technical character of their work, we shall exclude the refinery mechanical engineers, the refinery chemical engineers, and the chemist from the unit. General clerks "A": The C. I. O. and the A. F. L. regard the duties of the general clerks "A" as clerical in character, and therefore oppose the Company's contention that these employees be included in the unit. Although the general clerks "A" work in the barrel house and are responsible to the foreman therein, the record discloses that they are paid monthly, and that their duties essentially consist of preparing bills of lading, maintaining stock and inventory records, and perform- ing other clerical work of a similar nature. Since their duties are closely aligned with the work of other clerical employees, we shall exclude the general clerks "A" from the unit. Watchmen: The Company and the A. F. L.• desire to include, and the C. I. O. would exclude, the watchmen whose duties are essentially concerned with fire protection. In addition, they assist at the plant gate, remove and replace time cards for the timekeeper, perform jani- torial duties, and patrol the processing area and tank farm at night to observe and report unusual conditions. They are neither armed nor deputized, and are responsible to the foreman in the maintenance de- partment. Since no cogent reason appears for their exclusion, we shall include the watchmen in the unit. Office maintenance head and main office laborers: The Company and the A. F. L. would include, and the C. I. O. would exclude, these employees. The main office laborers perform custodial and janitorial duties in the main office and are under the supervision of the office manager. Although the office maintenance head has charge of the grounds surrounding the office and is assisted by high school students during the summer, the record does not reveal, as contended by the C.1. 0., that he possesses any supervisory authority within our cus- tomary definition. On occasion, he also performs janitorial duties in the office. Since the duties of the office maintenance head and the main office laborers do not warrant their disassociation from the other employees in the plant, we shall include them in the unit. We find that all employees of the Company's refinery at Robinson, Illinois, including the water well tender at the water pump station near Palestine, Illinois, the oil tester in the barrel house, watchmen, and office maintenance head and main office laborers, but excluding refinery mechanical engineers, refinery chemical engineers, the chemist, general clerks "A," office and clerical employees,2 plant-protection 'Included in this category are the typist and the steno-clerk, whom all parties have agreed to exclude. 422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees, foremen, and assistant foremen, 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 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 the em- ployees in the appropriate unit 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. At the hearing, the A. F. L. and the C. I. O. requested the exclusion of the female clerks "B" and the female laboratory workers for the reason that these employees are "temporary" in that their employment may be terminated upon the return of employees who have been in- ducted into military service.3 However, the record discloses that many of these employees have been working for the Company for a period of more than 2 years, that others do not occupy their position as a result of having replaced service men, and that all are subject to the same working conditions as other employees in the plant and therefore have a substantial interest in the designation of a bar- gaining representative who shall represent them. We therefore find that the female clerks "B" and the female laboratory workers have sufficient tenure of employment to entitle them to vote in the election hereinafter directed 4 The Company requests that employees in military service be per- mitted to vote by mail. However, we see no reason to depart from our usual custom and shall direct that only those employees in the armed forces of the United States who present themselves in person at the polls shall be eligible to participate in the election 5 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 Relations Board Rules and Regulations-Series 3, as amended, it is hereby 8 Subsequent to the hearing , the A. F. L , in. its brief, withdrew its objection to the participation of these employees in the election. * Matter of Northern Indiana Public Service Company , 51 N. L. R. B. 500. Matter of Mine Safft Appliances Co., C'allery Plant, Callery, Pa , 55 N L. R vB. 1190 THE OHIO OIL COMPANY 423 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Ohio Oil Company, Robinson, Illinois, an election by secret ballot 'shall be con- ducted 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 Fourteenth 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 preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any 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 they desire to be represented by International Union of Operating Engineers, A. F. L., or by Oil Workers Inter- national Union, C. I. 0., for the purposes of collective bargaining, or by neither.