Cities Service Oil Co.

In the Matter Of CITIES SERVICE OIL Co. and COMMERCIAL TELEGRA- PHERS' UNION,. MARINE DIVISION, A. F. OF L. Case No. R-1572.-Decided November 22, 1939 Water-Transportation, In.du,strg/-Investujatwn of Representatives: controversy concerning representation of employees : refusal by employer to bargain with -either of rival unions as exclusive representative of employees unless certified by Board-Unit Appropriate for Collective Bargaining: all radio telegraphers employed by the Company , excluding ,-relief operators-Representatives: con- flicting claims of two labor organizations ; Act will best be effectuated if the question concerning representation is resolved by an election-Election Ordered Mr. Richard J. Hickey, for the Board. Mr. C. C. Johnson and Mr. Louis J. Kleinklaus, of New York City, for the C. T. U. Boudin, Cohn, and Glickstein, by Mr. Irving R. Feinberg, of New York City, for the A. C. A. Mr. Ray Johnson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATE1IIENT OF THE CASE On July 25, 1939, Commercial Telegraphers' Union, Marine Divi- sion, herein called the C. T. U., filed with the Regional Director for the Second Region (New York City) a petition and on October 13, 1939, an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Cities Serv- ice Oil Co., New York City, herein called the Company, and request- ing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 14, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, 'ordered an investiga- tion and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 3, 1939, the Regional Director issued a notice of hearing, copies of which were 17 N. L. R. B., No. 92. 989 990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duly served upon the Company, the C. T. U., and American Com- munications Association, herein called the A. C. A., a labor organiza- tion claiming to represent employees directly affected by the investi- gation. Pursuant to the notice of hearing and notice of postponement, a hearing was held in New York City on October 24, 1939, before Madison Hill, the Trial Examiner duly designated by the Board. All parties were represented by counsel and participated in the hear- ing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Cities Service Oil Company, a Pennsylvania corporation, has its principal office in New York City. The company operates 14 ocean- going tankers which annually transport approximately 20,000,000 barrels of petroleum and petroleum products between the States of the United States and between the United States and foreign coun- tries. The Company admits that it is engaged in commerce within the meaning of the Act. . We find that Cities Service Oil Company is engaged in trade, traffic, transportation, and commerce among the several States and between the United States and foreign countries, and that the radio telegra- phers employed by the Company are directly engaged in such trade, traffic, transportation, and commerce. IT. THE ORGANIZATIONS INVOLVED . Commercial Telegraphers' Union, Marine Division, is a labor or- ganization affiliated with the American Federation of Labor. It admits to its membership all radio telegraphers of the Company. Marine Division, American Communications Association, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to its membership all the radio telegraphers of the Company. III. THE QUESTION CONCERNING REPRESENTATION Both the C. T. U. and the A. C. A. claim to represent a majority of the radio telegraphers employed by the Company. The Company CITIES SERVICE OIL COMPANY 991 refuses to recognize either organization as the exclusive collective bargaining representative unless it is certified by the Board. We find that a question has arisen concerning the representation of the radio telegraphers employed by Cities Service Oil Company. The question which has arisen concerning representation tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. IV. THE APPROPRIATE UNIT The C. T. U., the A. C. A., and the Company agree that all radio telegraphers employed by the Company constitute a unit appropriate for the purposes of collective bargaining. The C. T. U. and the Company desire to exclude the relief operators from the appropriate unit. The A. C. A. desires to include them in the unit. The evidence shows that there are two relief operators who were employed at the time ,of the hearing and will be discharged when the regular opera- tors, whom they are relieving, return on November 8 and 19, 1939. Since they were hired as temporary employees and there is no likeli- hood of their continued employment thereafter, we shall exclude the relief operators from the unit. We find that all the radio telegraphers 1 employed by the Company, excluding relief operators, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. V. THE DETERMINATION OF REPRESENTATIVES There was introduced in evidence at the hearing the pay-roll list of all the radio telegraphers employed by the Company as of October 24, 1939. This list bears the names of 14 employees in the appro- priate unit. The C. T. U. offered in evidence the membership cards of nine employees in the appropriate unit. The A. C. A. offered no documentary evidence of membership, but the vice president of the A. C. A. testified that in December 1938 and January 1939, nine of the Company's radio telegraphers signed applications for membership in the American Radio Telegraphists' Association.2 We believe that the policies of the Act will best be effectuated if the question concern- ing representation which has arisen is resolved by an election. We will direct that the election begin as promptly as practicable after the date of this Direction, under the supervision of the Regional Di- 1 The terms "telegraphers" and "operators " are used interchangeably in this proceeding. 2 Now American Communications Association. 992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rector for the Second Region who shall determine the exact time, place, and procedure for giving notices of election and for balloting. All-parties stipulated that employees in the appropriate unit who were employed on October 24, 1939, should be eligible to vote in any election which the Board might order. We shall follow the agree- ment of the parties and direct that all employees in the appropriate unit who were employed on October 24, 1939, including employees who did not work on that date because they were ill or on vacation, and employees who were then or have since been temporarily laid off but excluding those who have since quit or been discharged for cause, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the - radio telegraphers of the Company, excluding relief operators, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Cities Service Oil Company, New York City, an election by secret ballot shall be conducted as soon as convenient and beginning as promptly as is practicable after the date of this Direction, in conformity with the rules set forth hereinabove for the conduct of such election, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent of the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among the radio telegraphers of Cities Service Oil Com- pany employed by the Company as of October 24, 1939, including employees who did not work on that date because they were ill or on vacation and employees who were then or have since been temporarily CITIES SERVICE OIL COMPANY 993 laid off, but excluding relief operators and those who have since quit or been discharged for cause, to determine whether they desire to be represented by Commercial Telegraphers' Union, Marine Division, A. F. of L., Marine Division, American Communications Association, affiliated with the Congress of Industrial Organizations, or by neither, for the purposes of collective bargaining.