Southeastern Oil

In the Matter of GORDON , DUKE AND JOHN H. BLOW, CO-PARTNERS, D/B/A SOUTHEASTERN OIL and CHAUFFEURS , TEAMSTERS, AND HELPERS LOCAL UNION No. 613, A., F. OF L. Case No. 10-R-1429.-Decided June 5, 1945, Rogers, Towers & Bailey, by Mr. C. O. Towers, of Jacksonville, Fla., for the Company. Messrs. J. R. Braddock and G. H. Collins, of Jacksonville, Fla., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Chauffeurs, Teamsters, and Helpers Local Union No. 613, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Gordon Duke and John H. Blow, co-partners, d/b/a Southeastern Oil, Jacksonville, Florida, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Albert D. Maynard, Trial Examiner. Said hearing was held at Jacksonville, Florida, on April 27, 1945. The Company and the Union appeared, partici- pated, and 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I I. THE BUSINESS OF THE COMPANY Gordon Duke and John H. Blow, co-partners, d/b/a Southeastern Oil, 62 N. L.R.B,No 18 130 5OUTIIIEi\ 'H t. N OIL iii are engaged in the purchase, sale, and distribution of petroleum products. The, Company's principal place of business is at Jacksonville, Florida, and the Company operates terminals at Jacksonville, Melbourne, and Sanford, Florida. The Company sells and distributes approximately 65,000 barrels of petroleum monthly, 80 percent of which is shipped by barges to the Company's terminals at Savannah, Georgia. Charleston, South Carolina, and Wilmington, North Carolina, where it is sold by the Company to distributors. In addition, the Company transports high-octane aircraft gaso- line and 702 Diesel fuel oil for the United States Navy. The Company brings the 702 Diesel fuel oil to Jacksonville, Florida, by barge from a naval base at Charleston, South Carolina, where it stores the fuel oil until it is necessary, to transport same to naval bases. All fuel oil delivered by the Company is delivered to naval bases within the State of Florida. The high- octane aircraft gasoline distributed by the Company is brought to Jackson- ville, Florida, by United States Government owned and operated tankers from points in the States of Louisiana and Texas. It appears that the Com- pany is the sole contractor with the United States Navy for the transporta- tion of high-octane aircraft gasoline from Jacksonville, Florida. All high- octane aircraft gasoline distributed by the Company is delivered to air bases located within the State of Florida. During 1944 the Company received in excessof $500,000 for its services described above. We find that the Company's distribution activities described above affect commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Chauffeurs, Teamsters, and Helpers Local Union No. 163, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. ,THE QUESTION CONCERNING REPRESENTATION On January 11, 1945, the Union requested the Company to recognize it as the exclusive collective bargaining representative of certain of the em- ployees of the Company. The Company refused this request. , A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be 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 Union contends that all truck drivers of the Company stationed in and working out of Jacksonville, Florida, constitute an appropriate unit. 1 The Fze)d Examiner reported that the Union presented I I authorization cards There are approxi- 132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company contends that the appropriate unit should consist of all truck drivers working out of its Jacksonville, Melbourne, and Sanford, Florida, terminals. The record discloses that the Company operates an integrated and'inter- related system for the purposes of distributing high-octane aircraft gasoline and 702 Diesel fuel oil to the United States Navy at various points within the State of Florida. The relationship between the three above-named ter- minals is very close and regular contact for the purposes of distribution takes place between the three terminals. The Union has organized only the truck drivers at the Jacksonville ter- minal of the Company and has not accepted for membership truck drivers at the Melbourne and Sanford terminals, assertedly because another local of the Union has jurisdiction over them. The Company does not now have, nor has it had, contracts with any labor organizations. While it thus appears that the three afore-mentioned terminals are oper- ated by the Company substantially as an integrated unit, and that such a unit might therefore be appropriate, we have stated before that whether an integrated enterprise or a division thereof constitutes an appropriate unit will depend, in part, upon the extent of labor organization, collective bargaining efforts, and similar circumstances. The Union, desiring a unit coterminous with the scope of its organizational activities, is the only labor organization which is now seeking and is prepared to bargain with the Company for any of its employees. There is no showing that any other labor organization is seeking to represent the employees in the unit claimed to he appropriate. To hold that the truck drivers at the Jacksonville terminal are not an appropriate unit would deny the benefits of the Act to these employ- ees until they and other employees of the Company in some larger unit have been organized. In order to render collective bargaining an immediate pos- sibility, we find that the unit requested by the Union, composed of truck drivers of the Company working out of Jacksonville, Florida, is appropriate at this time for the purposes of collective bargaining. We find that all truck drivers stationed in and working out of the Jack- sonville, Florida, terminal of the Company, excluding supervisory employ- ees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the statues 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 means of an election by secret ballot among the em- mately 11 employees in the appropriate unit 2 See Matter of Cities Service Gas Co , 41 N. L R. B. 648, and cases cited therein. SOUTHEASTERN OIL 133 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. 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 DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Gordon Duke and John H. Blow, co-partners, d/b/a Southeastern Oil, Jacksonville, Florida, an elec- tion 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 Tenth 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 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 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 or not they desire to be rep- resented by Chauffeurs, Teamsters, and Helpers Local Union No. 613, A. F. of L., for the purposes of collective bargaining.