Lord Baltimore Filling Stations, Inc.

In the Matter of LORD BALTIMORE FILLING STATIONS, INC. and GAS STATIONS AND PARKING ATTENDANTS L. U. 997 Case No. R-2487.-Decided May 8, 1941 Jurisdiction : petroleum products retailing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition ; pay roll agreed to by parties to determine eligibility ; election necessary. Unit Appropriate for Collective Bargaining : all gasoline station attendants and operators employed by the Company at its 44 stations in Washington, D. C. area, exclusive of office help and employees engaged in a supervisory capacity having the power either to, hire or discharge ; stipulation as to. Mr. Charles Y. Latimer and Mr. Lester M. Levin, for the Board. Mr. C. H. Thompson and Mr. J. K. Eagan, Jr., of Baltimore, Md., -for the Company. Mr. John Keane, of Washington, D. C., for the Attendants. Mr. B. J. Schafer, of Fort Worth, Tex., and Mr. T. J. McCarthy, of Washington, D. C., for the Oil Workers. - , Mr. Frederic B. Parkes, end, of counsel to the Board. ` 4 . DECISION AND DIRECTION OF ELECTION STATEMENT OF TIlE CASE On March 14, 1941, Gas Stations and Parking Attendants L. U. 997, herein called the Attendants, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Lord Baltimore Filling Stations, Inc., Washing- ton, D. C., herein called the, Company, and requesting 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 April 5, 1941, 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 Relations Board Rules and Regu- lations-Series 2, as amended, ordered an investigation and author- 31 N. L R. B, No. 107. 660 LORD BALTIMORE FILLING STATIONS, INC. 661 ized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On April 7, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Attendants, and Oil Workers International Union Local 403, herein called the Oil Workers, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice a hearing was held on April 14, t941, at Washington, D. C., before Charles E. Persons, the Trial Examiner duly designated by the Chief Trial Examiner. On April 15, 1941, the Trial Examiner issued a notice of reopening the hearing, copies of which were served on the Com- pany, the Attendants, and the Oil Workers. Pursuant to notice the hearing was reopened on April 18, 1941, at Washington, D. C. The Board, the Company, the Attendants, and the Oil Workers were rep- resented by counsel or official representatives and participated in the hearing. 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 various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer 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 I. THE BUSINESS OF THE COMPANY Lord Baltimore Filling Stations, Inc., a Maryland corporation, is a subsidiary of American Oil Company and is engaged in the retail sale of petroleum, petroleum products, automobile accessories, and tires and in other customary filling station services. The Company operates 44 stations in the Washington, D. C. area, 39 , being in the District, 2 in Virginia, and 3 in Maryland. In addition, the Com- pany operates 53 stations in the Baltimore area. The petition is confined to the stations in the Washington, D. C. area. All the petroleum and related products sold by the Company are shipped to it from outside the District. The Company employs approximately 270 employees. II..THE ORGANIZATIONS INVOLVED Gas Stations and Parking Attendants Local Union 997 is a labor organization admitting employees of the Company to membership: It is affiliated with International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America, which is an affiliate of the American Federation-of Labor. 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Oil Workers International Union Local 403 is a labor organiza- tion, affiliated with the Congress of Industrial Organizations, admit- ting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION On February 10, 1941, and on other occasions, the Attendants re- quested the Company to recognize it as representative for collective bargaining purposes of the Company's employees in the Washington, D. C. area. The Company, doubting the authority of the Attendants 'to represent a majority of such employees, refused to grant such recognition. A statement 'of the Regional Director, introduced in evidence at the hearing, shows that the - Attendants and the Oil Workers, represent a substantial number of employees in the unit found below to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce within the District of Columbia and among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Attendants, the Oil Workers, and the Company stipulated at the hearing and we find that all gasoline station attendants and operatofs employed by the Company at its 44 stations in the Wash- ington, D. C. area, exclusive of office help and employees engaged in a supervisory capacity having the power either to hire or discharge, constitute a unit appropriate for the purposes of collective bar- gaining. We further find 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. ' The Attendants filed 208 application cards with the Regional Director , who found the signatures of 207 to be genuine and original , 159 being the names of persons on the Company's pay roll of March 28, 1941. There are approximately 230 employees in the appropriate unit. The Oil Workers filed 23 application cards, dated during July 1940, with the Regional Director, who found all the. signatures to be genuine and original, 14 being the names of persons on the Company 's pay roll of March 28, 1941. 1 LORD BALTIMORE FILLING STATIONS, INC. 663 VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by, and we shall accordingly direct, an election by secret ballot. The Company, the Attendants, and the Oil Workers stipulated that the election should be held on May 12, 1941, using the pay roll of April 15, 1941, to determine eligibility. We find no reason to depart from the agreement of the parties and shall direct that those employees in the appropriate unit whose names appear on the Company's pay roll of April 15, 1941, subject to such limitations and additions as are set forth in the Direction, shall be eligible to vote in the election. 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 Lord Baltimore Filling Stations, Inc., Washington, D. C., within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All gasoline station attendants and operators employed by the Company at its 44 stations in the Washington, D. C. area, exclusive of office help and employees engaged in a supervisory capacity having the power either to hire or discharge, 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Lord Baltimore Filling Stations, Inc., Washington, D. C., an election by secret ballot shall be conducted on May-12, 1941,'as stipu- lated by the parties at the hearing, under the direction and supervi- sion of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all gasoline station attendants and operators employed by the Company at its 44 stations in the Washington, D. C. area, whose names appear 664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD on the Company's pay roll of April 15, 1941, including employees who did not work during such pay-roll period because they were ill or 'on vacation, or in the active military service or training of the United States, or temporarily laid off, but excluding office employees and those employees engaged in a supervisory capacity having the power either to hire or discharge, and any employees who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining by Gas' Stations and Parking Attendants L. U. 997, affiliated with the American 'Federation of Labor, or by Oil Workers International Union Local 403, affiliated with the Congress of Industrial Organi- zations, or by neither. SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION May 12, 1941 On May 8, 1941, the National Labor Relations Board, herein called ,the Board, issued a Decision and Direction of Election in the above- entitled proceeding. The Board hereby amends the aforesaid Direction of Election by striking therefrom the words "shall be conducted on May 12, 1941, as stipulated by the parties at the hearing" and substituting there- for the words "shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction." 31 N. L.-R. B., No. 107a.