Cities Service Oil Co. of Pennsylvania

CITIES SERVICE OIL COMPANY OF PENNSYLVANIA 643 of a decertification petition by an Employer is insufficient to establish the collusion which the Union alleges. ' Therefore, as the record contains no substantial evidence that the Employer inspired or fostered the instant petition , we find no merit in the Union' s contention that the petition should be dismissed on this ground. The Union also asserts that a contract between it and the Employer bars this petition . This contract, effective on November 1, 1951, contained a termination date of January 31, 1953, in the absence of written notice of intent to change tendered by either party not less than 2 months prior to the termination date . This notice was given by the Union on November 22, 1952. Although the contract also provides that "Pending determination of conditions of new agreement the terms and conditions of this agreement shall remain in effect," the Board has consistently ruled that a contract , under such circumstances , is one of indefinite duration which cannot bar a representation petition .: We accordingly reject the Union's contention. A question affecting commerce exists concerning the repre- sentation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production employees in the bindery, shipping, and mailing departments of the Employer' s printing and binding plant at Meriden, Connecticut, including shippers , mailers, helpers on machines, truckers , and general utility helpers, but excluding all employees inthe pressroom , composing room, and foundry, watchmen-janitors , baler -janitors , executives, office clerical employees , guards, salesmen, professionalem- ployees , and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 'See Morganton Full Fashioned Hosiery Company, 102 NLRB 134. 2 See The Fuller Automobile Company, 88 NLRB 1452. CITIES SERVICE OIL COMPANY OF PENNSYLVANIA and OIL WORKERS INTERNATIONAL UNION, CIO, Petitioner. Case No. 2-RC- 5758. June 17, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Arthur A. Greenstein, hearing officer . The hearing officer ' s rulings made at the hearing are free from prejudicial error and are hereby affirmed. 105 NLRB No. 87. 644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Styles, and Peter son]. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent cer- tain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner requests a unit consisting , in terms of the Employer ' s classifications , of all service station attendants and assistant service station managers , I, or shift managers, employed by the Employer at its service stations located on the New Jersey Turnpike , excluding service station managers, assistant service station managers , III, or assistant managers, and all other employees and supervisors . The Employer, other- wise in agreement with the requested unit, urges that the shift managers are supervisors as defined by the Act and as such should be excluded from the unit. The Employer operates 10 service stations on the New Jersey Turnpike . A general manager with the aid of 3 assist- ants maintains general supervision over the entire operation. A station manager and 2 assistant managers , who are admittedly supervisors , are present in each station . The station manager is on duty only during the daytime shift. The evening shift is supervised by an assistant manager . Also at each station are 4 shift managers --a total of 40 for the 10 stations --who are generally in charge of the island area of the station and rotate among themselves the midnight to 8 a. m. shift during which none of their superiors is present ., There are approximately 90 regular , full-time attendants employed for the 10 stations. The shift managers are responsible for checking in the shifts, assuring the accessibility of items used around the island, checking the inventory around the island, the physical appear- ance of the station and personnel , checking availability of charge and cash books, being alert for correct handling of money and recording of certain sales, offering suggestions and sales tips , the routine assignment of personnel, and trans- mitting instructions of their superiors to attendants. They apparently spend a substantial part of their time performing the same work as the attendants . Although the Employer's general manager testified that shift managers in general have authority to discharge or discipline employees , or effectively recommend such action , there is no evidence that the shift managers were ever advised that they possessed suchauthority. The Employer also submitted a list of instances involving 14 employees where shift managers allegedly made effective personnel recommendations , as reflected by entries in the Employer's records . However, the 3 shift managers who t Each shift manager works on the night shift 1 week out of every 3 CITIES SERVICE OIL COMPANY OF PENNSYLVANIA 645 testified at the hearing denied those instances which were with- in their personal knowledge . Indeed, I shift manager testified that his recommendation that certain employees not be dis- charged was ignored and the employees were subsequently discharged.2 As already mentioned, the shift manager works on the midnight to 8 a. m. shift when normally only the shift manager and one attendant are present .' On that shift and during other absences of their supervisors , it appears the shift managers have some discretion to extend credit or cash checks , and may exercise limited disciplinary power, such as to send home an intoxicated employee and then notify the station manager. However, shift managers have been instructed to contact the station managers when unusual problems arise at night and it appears that detailed instructions are left for the midnight shift by one station manager. The shift managers have no authority to transfer employees or to settle grievances . Although they receive a slightly higher base starting wage than the attendants , 4 they generally enjoy the same interests and conditions of employment as the attend- ants. Unlike the station managers and assistant station man- agers , the shift managers have not attended management classes. Under all the circumstances , including the inordinately high ratio of supervisors to attendants if the shift managers are found to be supervisors , 5 and in view of the limited nature of their authority and responsibility , we find that the shift man- agers are not supervisors within the meaning of Section 2 (11) of the Act and, therefore, we shall include them in the unit.6 Accordingly, we find the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All service station attendants and assistant service station man- agers , I, or shift managers, employed by the Employer at its service stations located on the New Jersey Turnpike , excluding all other employees , service station managers, assistant station managers , III, or assistant managers, and all other supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 2 The only instances of alleged effective recommendation ofhiring appear to have been mere suggestions by shift managers ofavailable personnel when the Turnpike operation began. While the shift managers are consulted in the matter of promotions , there is no evidence that they initiate promotions and it only appears that their opinions may be solicited when the matter of promotions arises. 6At times there may be a carry-over employee remaining on duty from the previous shift uhtil 1 or 2a m., and another shift manager arrives before 8a m. to prepare for the incoming shift. On rare holiday rush periods, such as Decoration Day, up fo 15 attendants may be em- ployed during the midnight shift at a single station. 4Station managers receive $331 per month as starting pay; assistant managers , $276 per month; shift managers , $256; and others $246. 5A determination that shift managers are supervisors would mean that the Employer has over 70 supervisors -and 90 regular, full-time attendants. 6See Pennsylvania Glass Sand Corporation, 102 NLRB 559; Geo. Knight & Co., 93 NLRB 1193, and cases therein cited; Potash Company of America, 97 NLRB 511.