Crystal Refining Co. of Carson City Inc.

In the Matter of CRYSTAL REFINING COMPANY OF CARSON CITY INC. and AMALGAMATED LOCAL #93, CONGRESS OF INDUSTRIAL ORGANIZA- TIONS - Case No. ';-R-2102.-Decided Januarzj 25, 1946 Mr. Albert M. Stern, of Detroit, Mich., for the Company. Mr. Clyde E. Perkins, of Lansing, Mich., for the Amalgamated. Mr. J. B. Larinrsore, for the Oil Workers. Mr. John A. Nevros, of counsel to the Board. e DECISION AND DIRECTION OF ELECTION STATEMENT Or THE CASE Upon a petition duly filed by Amalgamated Local #93, Congress of Industrial Organizations, herein called the Amalgamated, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Crystal Refining Company of Carson City Inc., Carson City, Michigan, herein called the Company,' the Nau tional Labor Relations Board provided for an appropriate hearing upon due notice before David Citrin, Trial Examiner. The hearing was held at Carson City, Michigan, on October 3, 1945. The Company and the Amalgamated appeared and participated. All parties were afforded full opportunity to be heard,2 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. ' The name of the Co}npany appears as amended at the hearing 2 At the hearing, a representative of the Oil Workers' International Union, CIO, herein called the Oil workers, moved -to intervene but later withdrew the motion without any ruling having been made by the Trial Examinei. Thereafter the Company placed this representative on the stand, as its witness, in an attempt to show that the Oil. Workers in fact did have substantial interest in this proceeding. In its brief the Company requested that the Board remand this matter and dispose of the claim of the Oil workers or of the Amalgamated so that the Company would not be confronted with an "inter-Union argu- ment that [would] tie up [its] plant" In view of the withdrawal by the Oil workers of its motion to intervene, the only labor organization having an interest in this proceeding is the Amalgamated , in these circumstances, we can perceive no reason to remand the case for further hearing. 65 N L. R B, No 99. 584 CRYSTAL REFINING COMPANY' OF CARSON CITY INC. 585 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Crystal Refining Company of Carson City Inc., a Michigan corporation, is engaged in the refining of petroleum at its only plant located in Carson City, Michigan. During the first 9 months of the calendar year 1945, the,Company purchased crude oil and other raw materials valued in excess of $50,000, from sources outside the State of Michigan. During the same period the Company shipped finished products valued in excess of $50,000 to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Amalgamated Local #+93, Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Amalgamated as the exclusive bargaining representative of its employees until it has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Amalgamated represents a substantial' number of employees in the unit hereinafter found 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 Act. IV. THE APPROPRIATE UNIT The Amalgamated seeks a unit of all production, maintenance, and operating employees except for office employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action 4 The Company, while agreeing generally that such a unit would be appropriate, would exclude those employees 'The Field Examiner reported that the Amalgamated submitted 8 membership cards, bearing the names of employees listed on the Company's pay roll of August 22, 1945, ands that there are approximately 15 employees in the unit sought. A At the hearing the Amalgamated amended the unit as shown above. 586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD regularly performing the functions and duties of operators on the ground that they are supervisors 5 The Company employs approximately 15 persons who are engaged in the actual refining of petroleum products. These persons are classi- fied according to the Company's pay roll of August'22,1945, as appren- tice operators, utility men, and general labor or maintenance men. All these individuals are paid on an hourly basis, punch time clocks, work an 8-hour day, and enjoy the same privileges. They are respon- sible to the refinery superintendent who, except in case of emergency, works only on the day shift. During the evening and midnight shifts, the plant is left in charge of an operator. The operator has charge of the distillation unit. In addition the operator may call upon the pumpers to empty or run off certain of the storage tanks so as to pro- vide adequate storage for the product which is being currently refined. It is apparent from the record that the operators are more highly skilled and experienced than the other hourly rated employees and that during the, evening and midnight shifts the other employees follow the operators' suggestions or come to the operators for advice. How- ever, it is equally clear that the operators do not have the authority to hire, promote, or discharge any of the other employees; nor is there any evidence that they can effect any changes in the status of any of the other employees, or effectively recommend such action. We find, therefore, that the operators are not supervisory employees within our customary definition and, accordingly, we shall include them. We find that all the Company's production, maintenance, and operating employees except for office employees and all 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 At the hearing the Company's representative pointed to the possi- bility that, because of the lack of raw materials, the entire refinery might be closed, whereupon the Company and the Amalgamated agreed that the pay roll for the week ending October 5, 1945, might be used to determine eligibility to vote in any election that the Board might direct. Because the projected temporary closing is at best speculative, we perceive no reason for departing from the usual pay- roll date. Accordingly, we shall direct that the question concerning c The three so-called operators , Paul Langdon, Burt Ralph, and Wiley Wight, are listed on the company pay roll as "apprentice operators." These apprentice operators rotate on the different shifts The record also discloses that there is one so-called relief operator, Alec Hill , who is listed on the company pay roll as "utility ." The Company does' not object to Hill's inclusion in the unit. CRYSTAL REFINING COMPANY OF CARSON CITY INC. 587 representation which has arisen be resolved by 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 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 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 Crystal Refining Company of Carson City Inc., Carson City, Michigan, 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 direc- tion and supervision of the Regional Director for the Seventh 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 Regu- lations, 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 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 Amalagamated Local #93, Congress of Industrial Organizations, for the purposes of collective bargaining.